Brampton By-law 172-2006, s. 4(a) — Line Fence By-law
Line Fence By-law
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the adjoining owner (person to whom the Notice of Intent is sent) shall pay fifty percent (50%) of the basic* cost or fifty percent (50%) of the actual cost, whichever is the lesser, having considered all the fencing quotes exchanged; and
- (b) the owner shall pay the balance of the actual cost. *Basic cost means the total cost of construction, replacement, maintenance or repair, as applicable, of a four (4) foot high, 1-1/2” mesh, steel chain link fence. 3: RECOVERING THE COST OF BUILDING THE FENCE (Section 15) If the adjacent owner fails to pay within 90 days of completion of the fence, you must serve him/her with another notice (letter) by registered mail (and regular mail or personal delivery), requiring the adjacent owner to comply with the by-law (provide sample letter). This notice should again set out the provisions of the by-law, a breakdown of the costs of the fence (including copies of invoices/estimates/quotes) and conclude with a request for payment within thirty (30) days of receipt of the notice. The notice must also state that if the payment is not received within thirty (30) days, you may recover the proportionate share of the cost of the work from the defaulting person. If payment is received, the matter is at an end. If payment is not received, you may proceed to STEP 4. 4: INITIATING A PROSECUTION TO RECOVER PROPORTIONATE SHARE OF COST OF FENCE If step 3 is unsuccessful, you may proceed to initiate a prosecution to recover the proportionate share of the cost of the fence. If you are not familiar with the court process and the rules of evidence, then you may consider obtaining legal advice to assist in proceeding with the issuance and prosecution of a charge under the By-law. Office Consolidation – Division Fence By-law 172-2006 – Steps:
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- 1 Compile evidence to support the charge that payment has not been received from the adjoining landowner (defendant). You will have to prove that you correctly followed the steps set out in the by-law. Examples of evidence may include, but are not limited to
- 2 Attend at City of Brampton Provincial Offences Court located at 5 Ray Lawson Boulevard, Brampton, Ontario and obtain an Information (charging document) and Summons Package
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To report a correction: info@bylawinsider.com. This link opens your mail program.
Unofficial copy for convenience; the official version governs. Official source
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