Ontario family unable to use driveway for months due to city fence around unsafe neighbour’s home

A family in Hamilton, Ont. says they haven’t been able to use their driveway since February after the city deemed their neighbour’s home unsafe and cordoned off part of their property

For months, Katy Belaire has been unable to sleep for fear that the house next door may collapse.

“My daughter's bedroom is right there,” the 30-year-old said of the wall right next to the fenced-off area.

“I'm literally jumping out of bed, worried that I have to like grab her to run to the other side of the house."

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The home in question, 340 Weir Street, was purchased in the summer of 2022, but the owner never moved in. According to Belaire, the problems began in January, when a burst pipe sent a “waterfall” out the side of her neighbour’s home.

She called the city to turn the water off before it flooded their driveway.

The next month, Belaire said she noticed the corners of the home starting to “bow.” She said she again called the city because the wall appeared to be pushing against the gas meter.

The sides of 340 Weir Street in Hamilton, Ont. (Katy Belaire)

The city, Belaire said, sent a worker to inspect the building.

“They were shutting off the gas line, the water line and the hydro line… well that day they also decided to put a fence up. I was told that it should be approximately three-ish months or so that it would be on my property.”

The fence goes right around the neighbouring home and covers a good part of both property's driveways. She said the city, as well as her insurance agency, have told her not to touch, move or go within the fenced area.

Six months later, the structure remains. The family has been unable to use their driveway and have been forced to park both their vehicles on the street. Belaire has also had to keep her five-year-old daughter away from the area—a challenging feat for a young girl who likes to draw with chalk.

The owner of 340 Weir Street was ordered to comply with municipal standards by April 23, but because no action was taken and they did not appeal the order, the city must either contract someone to do the repairs or demolish the home.

“In lieu of demolishing the building immediately or designing any necessary repairs/restoration, at the owners expense, we make the building safe by not allowing occupancy, and or ensuring the building’s access has been reasonably prevented,” Bob Nuttal, the city’s manager of building inspections, said in a statement.

The fence, Nuttal said, is meant to “safeguard community members from the threat of collapse.”

“Building Division staff appreciate the community members’ frustration, but the safety and well-being of all residents is our top priority.”

A fence surrounds 340 Weir Street in Hamilton, Ont. (Katy Belaire)

Belaire, for her part, said it was laughable that an engineer determined the fence as a line of demarcation for safety in the event of a building collapse.

“You don't know physically how a house will actually fall.”

The city says it's currently reviewing contractor service options for either repair or demolition of the home. They have received quotes, however if the amount is higher than $20,000 city council must approve.

“Each step in the process surrounding an Order with these options, requires input from several Divisions of the City – to ensure decisions are prudent and due process is respected for all parties involved,” Hamilton’s Director of Licensing and Bylaw Services, Monica Ciriello, told CTV News Toronto.

“We anticipate an update on this in short order.”

Dealing with property standard concerns can be a lengthy process, Ciriello added. But for the Belaire family, they just want the ordeal to end. They also would like to be compensated for the time they couldn’t use part of their property, whether by way of a reduction in property taxes or a repaving of their driveway.

“My property, we have we have put a lot of money and time into it through this last six years and that's not fair on us.”

A fence is put up around 340 Weir Street in Hamilton, Ont. (Katy Belaire)

The owner of 340 Weir Street confirmed to CTV News Toronto that she did not move into the home.

She refutes the fact that the building is unsafe.