Downtown Bureau

Citizens on the March at First By-Law Crawl

Whether the City is aware of a building's condition but chooses not to enforce the property standard by-laws is a moot point after the building becomes a heap of rubble.

By Trey Shaughnessy
Published February 07, 2010

A sunny, cold day was the scene of a gathering of citizens in front of the remains of the 1913 Lyric/Century Theatre for the first By-Law Crawl. Organized by Matt Jelly, the group of concerned citizens shared one thing in common: a desire to stop the neglect of Hamilton's architecturally rich history.

Matt Jelly addresses the crowd
Matt Jelly addresses the crowd

The people in attendance came from a variety of backgrounds, some new Hamiltonians, some born-and-raised in the Hammer and some even from out-of-town. The crowd participating in the first By-Law Crawl grew to approximately 75 people before Matt Jelly spoke to the crowd and explained the purpose of the By-Law Crawl.

He then handed out booklets outlining the City's by-laws as they relate to vacant buildings. Included were forms to be filled in with violations and later to be presented to the City to enforce.

Jelly suggested that the crowd be divided into smaller groups and disperse out; and so had begun the process of protecting our architecturally rich heritage. With pens and forms in hand, the citizen groups marched around for hours with vigilant, empowered eyes searching for buildings that had obvious infractions.

It didn't take long to spot them. There are the obvious and well-known problem buildings like the former Federal Building at King St W. and Hess St., The Royal Connaught, and even some buildings that were torn down are in still in violation for being used as a parking lot - like the former HMP building.

Matt Jelly and Cal DiFalco
Matt Jelly and Cal DiFalco

"Demolition by neglect" is a term used in reference in reference to historical buildings that have been allowed to deteriorate to the point that the building is deemed unsafe and the owners are ordered by the City to demolish it.

The City of Hamilton (staff and Council) only become concerned about the Lyric/Century building after decades of such neglect. Whether the City is aware of a building's condition but chooses not to enforce the property standard by-laws is a moot point after the building becomes a heap of rubble.

Willful neglect by building owners - for whatever motive - became the fate of the Lyric Theatre last month, a scene that is becoming all too common in Hamilton. Matt Jelly chose the location in front of the Lyric Theatre's remains as a symbol to illustrate the purpose of the monthly event called the By-Law Crawl.

The strange thing is the Lyric is now better protected from squatters than when it was standing. A chain link fence surrounds the enormous plot of empty land strewn with bricks.

The city seems to care more about securing an empty lot than it cared about securing the Lyric
The city seems to care more about securing an empty lot than it cared about securing the Lyric

The shocking size of the lot would impress on anyone that something had to be done.

Looking at the Lyric's rubble, one will notice that some of the bricks are embossed with the word "HAMILTON", locally made at Hamilton Brickworks Factory from escarpment clay.

The Lyric's remains
The Lyric's remains

The purpose of this event includes finding even the smaller infractions, because if there are any more voids left like the Lyric, no matter how big or small, they all impact the health of the core and the city at large. It creates a domino effect of blight.

In the the same way that gentrification occurs, the situation either improves or deteriorates one building at a time.

Frustration from a concerned citizen
Frustration from a concerned citizen

A few hours later, the participants people met back at the Sky Dragon Centre and handed in their forms to Matt. The energy filled the room with a sense of pride and satisfaction of what had just been accomplished. We felt empowered.

The truth is we always did have the power. The City claims that by-laws are enforced on a 'complaint basis', a convenient loophole that gets the City, for the most part, off the hook for not legally enforcing their own by-laws - by-laws the city seems to ignore after passing. Idling, mobile signs and pesticide use are other examples of ignored by-laws.

It seems the only by-law that the city pro-actively enforces is illegal parking.

It will be interesting to see what the City does with the hundred or so property standard violations that were properly reported by citizens. If the City needed complaints before they acted - well, they have them now.

Visit bylawcrawl.ca for more information.

Trey lives in Williamsville NY via Hamilton. He is a Marketing Manager for Tourism and Destination Marketing in the Buffalo-Niagara Metro.

His essays have appeared in The Energy Bulletin, Post Carbon Institute, Peak Oil Survival, and Tree Hugger.

And can't wait for the day he stops hearing "on facebook".

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By grassroots are the way forward (registered) | Posted February 07, 2010 at 21:29:58

Hey everyone: Check out the talk on this blog

http://www.thehamiltonian.net/2010/02/fi...

Even Councillor Bratina has weighed in.

Comment edited by grassroots are the way forward on 2010-02-07 20:36:27

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By MarkWhittle (registered) - website | Posted February 08, 2010 at 09:11:03

As a taxpayer living on the Mountain I applaud the efforts of the participants in the By-law Crawl, too funny Bratina had the time to write that lengthy screed and self-promoting election rhetoric over at the Hamiltonian Blog.

|Bob Bratina shouldn't be the only Downtown Alderman looking over his shoulder at the crowd closing in, what about aldermen Brian McHattie and Bernie Morelli, they are the "three stooges" of downtown renewal?

The rot and decay is self evident.

My wife takes the bus all the time to go downtown and shop, despite two Malls within walking distance of my house and a nice Van in the driveway ready to take her wherever she wants to go.

According to her assessement, there are too many pan-handlers, she got asked by five different people walking from the Gore Park bus stop to the entrance of Jackson square, the steps were packed with loafers and smokers.

If ever Hamiltonians needed a reason to get to the ballot box this fall, this issue is it. Throw the bums out, it's happened before, but never lately. It's time to clean house, baby's and bath water included.

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By jason (registered) | Posted February 08, 2010 at 09:17:09

great job folks! Wish I could have been there on the weekend. Looking at the bylaw crawl website one can't help but feel like we're looking at photos of a war-torn city somewhere. Pretty sad.

Too bad the city doesn't put as much effort into cleaning up the city and pressuring slumlords to fix their buildings as we do handing out parking tickets and trying to drive one of our only successful urban destinations out of business - Hess.

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By MattJelly (registered) - website | Posted February 08, 2010 at 10:07:33

Thanks to everyone who came out and supported the event. I'm working on processing all the reports today and forwarding them to By-Law staff. I have been assured that the open entrances and broken windows at the Connaught will be repaired immediately- apparently the entrance we found has been welded shut before and even had a bar fastened across it. Someone really wants that building to be left open.

Stay tuned to www.bylawcrawl.ca for news and updates, or find us on the facebook fanpage.

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By Treble Hall (anonymous) | Posted February 08, 2010 at 10:17:21

Comments with a score below -5 are hidden by default.

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By highwater (registered) | Posted February 08, 2010 at 10:34:33

Maybe what we need is a group of vigilantes like these kind 'crawl' souls to out the miscreants too!

You do that, Treble. Am anxiously awaiting the facebook page.

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By anders (registered) | Posted February 08, 2010 at 10:43:52

go away hijackers. If you want to start a discussion about urban poverty, do so but not here. Great idea Matt; I was there but dang it was a cold day to be inspecting soffits. What would be great would be a register of derelict buildings that people could contribute to and report on any communications with the city. We need this kind of reporting to become a regular practise.

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By UrbanRenaissance (registered) | Posted February 08, 2010 at 11:02:46

anders wrote:

What would be great would be a register of derelict buildings that people could contribute to and report on any communications with the city.

I'm actually working on something along those lines. You can find a Google Map of some of the properties here.

Red indicates unreported infractions, amber properties have had their infractions reported but with no response from the city, and green means there has been a city response to the infractions.

Red and amber buildings also have a "contact the city" mailto link to the City's Municipal Enforcement email address.

At the moment I have to manually copy over each property submitted online onto my map, but I'm close to a solution which allows them to be mapped almost entirely automatically from the online form.

Feel free to check it out and email any suggestions/criticisms about it to me at hamiltoncityguide@hotmail.com

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By grassroots are the way forward (registered) | Posted February 08, 2010 at 14:32:13

UrbanRenaissance : Well the visual perspective gives new meaning to things.

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By jo (registered) | Posted February 08, 2010 at 14:47:12

Great to see this initiative taking place, and to bring more awareness to the issues. Though I ask why has it taken so long for citizens to be as public? I'd be interested to hear what tangible ideas the group has to make improvements and preserve these buildings, once these by-law infractions are corrected. Definitely City council needs to take much more responsibility for these problems, however, we also need more action to engage the community and volunteers. Perhaps this is the first step.

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By msr (anonymous) | Posted February 08, 2010 at 14:53:41

Does anyone have information or can direct me to a link about what others cities/communities have done to correct similar problems we're having in Hamilton, both from the by-law infraction side as well as the preservation of these buildings?

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By JonC (registered) | Posted February 08, 2010 at 17:40:48

"I'd be interested to hear what tangible ideas the group has to make improvements and preserve these buildings, once these by-law infractions are corrected."

I don't think that the group has to have any. If property owners are forced to spend additional funds to maintain their properties (say putting a roof on the building at Hess and King), then letting it sit there vacant isn't such a viable option.

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By Meredith (registered) - website | Posted February 08, 2010 at 18:19:37

Here's a guy in North Minneapolis http://adventuresofjohnnynorthside.blogs...

(also worth reading his post on LRT routes proposed there, and the economic impact debate) http://adventuresofjohnnynorthside.blogs...

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By d.knox (registered) | Posted February 08, 2010 at 19:50:59

Thank you to everyone who went on the By-law crawl for downtown. I live in Westdale and we have found the reporting procedure to be quite effective. It would be nice if by-law really was proactive, but even when it thinks it is, it isn't. Report, report, report. Eventually something does happen.

MarkWhittle: Just one point about Brian McHattie - he works tirelessly. I have no experience with Mr. Bratina, but I do know that these councillors are performing a delicate balancing act, and so often sacrifice their personal lives for the job. I don't envy them. They listen to inane points from all sides, try to be respectful and balance priorities and ideologies. Maybe finding a better way to work with them might be more effective. Mr. Bratina seems to get slagged here. I'm not sure if that is warranted, but I am sure that it's not effective.

My ignorance of Ward 2 is that I don't know what community voices exist. But you may want to look at the AWWCA model. It's been an effective vehicle for mobilizing engaged, politically and socially active/opinionated people to express their ideas in a politically effective way. I don't think politicians set out to be ineffective; I think the job is overwhelming, and they could use our help, presented as a unified voice of a large group with a specific agenda.

Again, kudos to Matt for pulling this by-law crawl off.

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By TreyS (registered) | Posted February 08, 2010 at 20:08:02

The Crawl was more then just citizen activism and democracy at work. it was also a fun social event. An opportunity to meet new people and walk around downtown and see things you might not normally see. It's amazing how quiet downtown neighourhoods are on a Sat afternoon. I can only see it getting bigger each time for those reasons. One of our group members suggested we gather either before or after at the FRWY.

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By Kiely (registered) | Posted February 08, 2010 at 20:53:45

So in Minneapolis they are fighting over who gets the LRT??? Too funny.

And the grass-hut-dwellers will do all they can to ensure Hamiltonians are riding buses until after the teleporter is invented.

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By jason (registered) | Posted February 09, 2010 at 08:10:13

I'm sure the grass hut dwellers would take away the buses, sidewalks and bikes if they completely had their way. Oh well, at least with the internet, we can read about other cities reinventing themselves and growing economically these days. When does the next Vanished Hamilton come out??

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By TD (registered) | Posted February 10, 2010 at 10:51:41

"Bob Bratina shouldn't be the only Downtown Alderman looking over his shoulder at the crowd closing in, what about aldermen Brian McHattie and Bernie Morelli, they are the "three stooges" of downtown renewal?"

I think it's absurd to hold a handful of councillors responsible for urban renewal in a city of hundreds of thousands. Of course they and the city have a big role to play, but the state of the downtown is primarily the responsibility of its inhabitants and business and property owners. Even if bylaws are enforced, the fate of these buildings is ultimately in the hands of the people who own them. The power of the city is (rightfully, in my opinion) more limited than you think.

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By MattJelly (registered) - website | Posted February 10, 2010 at 12:19:28

It's up to ALL of us. Councillors, citizens, the Mayor and the media. It's up to ALL of us to tackle these issues.

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By frank (registered) | Posted February 10, 2010 at 13:17:38

I have mixed feelings about the Crawl. While I understand the premise of it is to raise the image of the city to a higher level, inundating City Hall with supposed bylaw infractions can actually make the city less likely to respond quickly to more serious infractions.

Also having unskilled or unqualified people comment on structural deficiencies creates a problem with reporting techniques. What one might see as small cracks another might call a crumbling block... That kind of thing. My view on the thing would be to limit the crawl to buildings that are vacant or businesses with a history of infractions. Commenting on personal (peoples' homes) is best left to those who are affected by it unless of course you have a house with four cars on jackstands in the front yard...

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By UrbanRenaissance (registered) | Posted February 10, 2010 at 13:55:52

frank wrote:

...inundating City Hall with supposed bylaw infractions can actually make the city less likely to respond quickly to more serious infractions.

I agree, which is why Matt is personally verifying each report before City Hall is contacted and before the property is posted on my map. He then ranks each property based on the severity of the infractions before submitting them to the city.

Also having unskilled or unqualified people comment on structural deficiencies creates a problem with reporting techniques.

I'm not a doctor, but if I see someone who appears to be in medical distress I'm definitely going to call for an ambulance.

The point of the crawl is not to pass any sort of binding judgment, all we're doing is reporting to the proper authorities that certain buildings may require a professional inspection.

My view on the thing would be to limit the crawl to buildings that are vacant or businesses with a history of infractions.

That is exactly the purpose of the Crawl, the focus is always on the vacant or obviously derelict properties first. The vast majority of all the buildings reported thus far are in fact vacant.

I'd recommend you read Matt's posting here in response to a similar (but much more belligerent) comment made over at Cal DiFalco's blog. He nicely lays out the goals and methodology used in organizing the By-Law Crawl.

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By nobrainer (registered) | Posted February 10, 2010 at 14:10:44

^Wait, responsible oversight and accountability? Well that doesn't make for a very interesting controversy.

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By TreyS (registered) | Posted February 10, 2010 at 14:42:11

What about Senior Staff. I think Staff gets off too easy on a lot of Hamilton's problems. We have City Manager and other managers in charge of divisions. Shouldn't they be creating a vision too?

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By anders (registered) | Posted February 10, 2010 at 15:37:12

Plus Frank the fact is that people already complain all the time, just not downtown. I guarantee you no buildings are going to ruins in Burlington and Oakville without citizens inundating the city with calls. Right now what happens is the rich take care of themselves while the inner city crumbles via, in part, the disengagement felt by its poorer citizens. That's dramatic I know but I'm sure it's a major factor.

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By highwater (registered) | Posted February 10, 2010 at 15:39:48

Also having unskilled or unqualified people comment on structural deficiencies creates a problem with reporting techniques.

You do realize that the city's property standards bylaw enforcement is complaints based, don't you? If city staff enforced its bylaws proactively you might have a point, but in fact the city relies on unskilled, unqualified citizens to report property standards infractions.

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By MattJelly (registered) - website | Posted February 10, 2010 at 20:22:25

Frank, your concerns are valid and I've taken them into account. As commenters have pointed out, we have a system in place, and I'm personally forwarding the complaints to the city. I will not report any residential properties unless the problems are extensive and severe, and immediately pose a public safety issue.

On the next crawl, I will be a bit more clear about the mission of these crawls- if crawlers spot infractions on residential properties, the addresses of these properties will be kept private, and I will correspond with by-law staff if a house presents a real problem. I know some people can't afford to fix these houses, and it's why I'm in negotiations with city staff about mobilizing our volunteers to help in this capacity, with the owner's consent and all the proper permits in place. The city is receptive to this idea, I'll let you know what comes of that.

We are not a vigilante group- I am in daily contact with the appropriate authorities, and I will assure you, this movement will not get out of hand. We are doing this responsibly.

I encourage anyone who is concerned to attend the crawl, and see what we're doing- you can watch the watchmen, so to speak. I will do everything in my power to keep this movement positive.

I appreciate your concerns- I will factor in any constructive criticisms I receive, in hopes that we can constantly improve the By-Law Crawl and get results on our concerns.

Comment edited by MattJelly on 2010-02-10 19:23:49

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By Meredith (registered) - website | Posted February 10, 2010 at 21:17:01

I know some people can't afford to fix these houses, and it's why I'm in negotiations with city staff about mobilizing our volunteers to help in this capacity, with the owner's consent and all the proper permits in place. The city is receptive to this idea, I'll let you know what comes of that.

Fantastic. After last Saturday, I was telling my husband about the one stoop out front of a house -- and his immediate reaction was "well, why don't we build him a new set?" So we started thinking... there's got to be other people who think like this as well!

I know many problems go beyond that, but we'd love to help in that kind of practical capacity where we have some skills. I'm sure many others would also where there's a real need.

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By frank (registered) | Posted February 11, 2010 at 08:21:44

Anders...I don't believe you...not for a second. So your implying that any person with money does NOT live downtown? Or perhaps that all the "poor" people live downtown? That's insane! Disconnection has less to do with being poor or rich and more to do with taking pride in what you own... Unfortunately most of the "rich" people who buy property downtown don't take pride in what they own...they just want to make money.

I had an idea that Matt had something in place but I couldn't find where it was...that's why I posted. And you'll notice I waited a long time before I posted as well. Thanks for answering my questions...

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By Dwayne Alexander Brown (anonymous) | Posted February 11, 2010 at 10:58:02

This is FANTASTIC! It's exactly what this city needs - citizen action! I've always advocated for that - I've even asked my local ward 4 councillor to get cracking on working with citizens interested in procatively bringing about positive change (and was accused of all sorts of non-sense!!) and we've got a derelict building here in the EAst end in Ward 3 at 1137 Main Street East that we've requested the city do something about. We've even offered suggestions. It's several years owing in back-taxes and the owner lives in Germany. The response from the Mayor's ofice and the city was less than encouraging. The councillor, Bernie Morelli, hasn't even responded. What does that tell us? - we've complained and no response - they don't care. Well the By-Law Crawl is an excellent idea that we're just going to have to start using in the East end as well. As the Co-Chair of the Crown Point Community Planning Team and representative of local residents, I am always looking for proactive measures that allow us to "live" our mandate of making the Crown Point area a better place to live. This is definitely one them. Thanks to Mr. Jelly for being such a concerned citizen. Thanks to everyone who ventured out and highlighted the need for real change at city hall - it's election year, let's make sure we make it count this time!!!

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By MattJelly (registered) - website | Posted February 11, 2010 at 12:36:44

Hi Dwayne- let's work together, feel free to e-mail me about any properties at mattjelly@gmail.com. I'd also love to know more about the 'property elves' program. I still have my Santa suit ;).

It would be heartwarming if this is the kind of response when we find a house that someone can't afford to fix- the community rallies around to help them fix it. That would be a wonderful and unexpected offshoot of this project which I'm nonetheless excited to take on.

Thanks to everyone who has been supportive of this idea- help me make it work! I need all the reasonable people I can find.

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By UrbanRenaissance (registered) | Posted February 11, 2010 at 12:42:21

frank wrote:

I had an idea that Matt had something in place but I couldn't find where it was...that's why I posted. And you'll notice I waited a long time before I posted as well. Thanks for answering my questions...

Now that we're starting to get things better organized expect to see an upgraded bylawcrawl.ca where we'll be adding a proper mission statement (including a policies and procedures section) as well as guidelines for participants. In fact if anyone has a question about the crawl they can email it to hamiltonbylawcrawl@gmail.com which I'll use to create an F.A.Q. that will hopefully nip some of the misinformation in the bud.

Comment edited by UrbanRenaissance on 2010-02-11 11:42:47

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By Kiely (registered) | Posted February 11, 2010 at 13:46:52

"Thanks to everyone who has been supportive of this idea- help me make it work! I need all the reasonable people I can find.| - Matt Jelly

Let's make it happen. There seems to be enough support, you've got the ability to get people mobilized... 75 people could mend a lot of fences and stoops. A lumber/building supply sponsor would be helpful... Turkstra myabe???

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By MattJelly (registered) - website | Posted February 11, 2010 at 15:05:32

Once we do the very careful work of determining ownership, getting consent of the owner, and getting proper approvals through the city, this is what I'd like to see By-Law Crawl morph into. Let's work together as a community to fill in all the gaps and cracks and make sure nobody gets left behind. I have a feeling that By-Law Crawls themselves may not be necessary as a long-term measure to tackle this problem- the ball is in the city's court now, and it's up to them to implement policies and procedures that take away the necessity for citizens to do this job themselves.

I have a presentation to Economic Development and Planning to specifically raise these concerns and advance suggestions as to how the city can more effectively enforce property standards. This meeting is on Tuesday at 1 PM in the Albion room at Hamilton Convention Centre. I will also be available after the meeting to answer any questions, clarify anything I can, and address any valid concerns members of the public may have about the group.

People are more important than buildings- but it's a symbiotic relationship. The buildings we inhabit have a direct relation to the lives we lead. Let's help turn back the decay as a result of years of turning a blind eye- when it comes to the people, buildings and the neighbourhoods that make up this community. It's time to stop merely bemoaning it all and it's time to roll up our sleeves, and play an active role in solving the problem- through mutual respect and cooperation.

It won't be easy and success isn't guaranteed. But the very best we can do is try- and the very worst we can do is to continue to complain about these problems without following up with some sort of responsible action.

Trust me- the minute I see this event start to have a net negative impact, I'll shut it down. But as long as I feel in my heart that we're doing the right thing, we'll continue until the problem is addressed, as well as any other problems we uncover in doing so.

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By jason (registered) | Posted February 11, 2010 at 15:19:51

Dwayne Alexander Brown. Keep up the good efforts in your area. Those long, forlorn stretches of Barton, King and Main didn't happen for no reason. Part of the problem is certainly massive political indifference. That's been the case for decades in your area and shows no signs of changing. It's going to be up to citizens to bring change in this city. Period.

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By everywhere (anonymous) | Posted February 11, 2010 at 19:03:30

I was late for the 1st day of crawl. I had fun but I forgot jotting down specific places snaps shot. I do have pics to forward but I mostly did video shots. I have a few of the Century on you tube. Many of the bi law crawl members already viewed some of them.
I did it more for fun and viewed as an artist point of view.
I read only half the comments here but will read more. This darn computer is slow. My laptop has much faster connection though I'm looking in folders for the bi law crawl.
I been real busy with work there4 less time on this.

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By some elf (anonymous) | Posted February 11, 2010 at 20:04:25

just FYI, the old HMP footprint is no longer being used for parking.

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By TreyS (registered) | Posted February 11, 2010 at 20:54:07

HMP footprint was used as a parking lot for 14 months though. How often can a by-law fine be charged? In other words, if I left my car at a parking meter that ran out, and got a ticket, how long would it be before I got another fine?

What? daily? Weekly? So ask if the HMP parking lot was operating as an illegal parking lot and a fine was issued, how long before the City could issue another fine? Just like the hypothetical expired meter? Weekly, Daily? Enforcing a $500 fine issued at the same rate versus an illegal $30 parking fine seems to me to be a better way for the City to increase revenue. That $30 parking fine that takes $35 in administration to costs to collect. Fining the big property violators is a ten times greater revenue. Maybe our property taxes would decrease or we would stop having to beg QP for money every year if we enforced the other by-laws that were enacted for a reason.

But if you're afraid of issuing the fine against someone then I guess that's another issue. They can always write $5000 cheques payable to people on City Staff..... ooops that trial has just begun I'll reserve me comments until after.

Comment edited by TreyS on 2010-02-11 19:57:37

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By Really? (registered) | Posted February 23, 2010 at 16:23:54

I have to agree like crazy with you, Trey!

I have zero sympathy for the City for being denied more budgetary handouts by the Province. YES Harris' PCs downloaded ~$1B in Social Services on Hamilton's lap... but I mean, it's not the Province's fault the City can't run itself properly; Sprawling Sprawl, Unenforced Bylaws, Constant legal threats against higher levels of Gov't, etc.

If Hamilton doesn't get any budget help for 2010; it's our own damn fault! Stop biting the hand that feeds and clean up your own house first!!

I mean, how much money could the City have made by fining Vranich & Co for the HMP lot alone? Really!? I'm serious... I really want to know how much money the City could have made off those potential fines?!

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