Hamilton By-law 23-162, s. 30(4)(a) — Property Standards By-law

For the purposes of this By-law, where any portion of a fence or retaining wall:

• (i) does not conform to the standards under this By-law; and
• (ii) is located touching or on the property line between adjoining properties at the adjacent finished ground level, that portion of the fence or retaining wall is deemed to be owned in equal shares by the owners of the adjoining properties.
• (b) Where available, the most recent survey obtained under subsection 32(5) in accordance with the Surveys Act showing a fence or retaining wall shall be deemed to be conclusive evidence of the location of the fence or retaining wall.
• (c) Despite subsections 30(4)(a) and (b), where provision is made for ownership of or responsibility for a fence or retaining wall that touches or is on the property line between adjoining properties under a City by-law other than this By-law or under any other City Council approved document, then that provision applies for the purposes of this By-law.
• (d) In this subsection, "for the purposes of this By-law" includes but is not limited to for the purposes of a hearing before and decision of the Committee under section 30 and for the purposes of a determination of the amount of a lien under subsection 31(8).