The city tore his fence down. Was he treated fairly?

An Ottawa man whose fence was torn down by the city more than a decade ago says the city's bylawenforcement system is unfair, and says he has evidenceto support his case.

Legal experts consulted by CBC Newssay while no system is perfect, municipalities have a responsibility to investigate all complaints equally if they want to maintain public trust.

In 2013, Mo Haider and his neighbour Nitin Datta'sshared fence in Orlans was partially torn downafter Haider's family wassubjected to constantbylaw complaints,some unfounded, by someone down the street.

The city said the fence was built on the itsright-of-way and had serious safety concerns with itsplacement because it wovearound ahydro box and was installednear a high-voltage underground wire. The city charged the families for the removal, a bill thathas now snowballed to more than $43,000 for both properties.

On Monday, CBC News published a story looking back at the decade-longsaga.

• Decade-long fence feud balloonsinto $43K in tax bills, multiple lawsuits

Amid that dispute, Haidersubmitted dozens of his own complaints to bylaw aboutother properties and parking violations to see how the department handled them.

He now has a binder full of complaint logs from court submissions.

This month, Haider accompaniedCBC News to see the subject of one of those complaints,a fence inOrlansthat he suspects was built on the city's right-of-way.

From fence to curb, Haidermeasured 2.7 metres, or about nine feet "exactly how far our fence was," he noted."And it's still standing."

I think the system has some issues.- Mo Haider

While this fence may not have been subject to removal like Haider's, which city and hydro officialssaid was "potentially endangering" the public, Haider feels it wasn't investigated properly.

CBC has no evidence of whetherit is in violation of a bylaw.

However, markers onGeoOttawa, a city tool thatcan be used to estimate property lines, suggest the fence in questions was built within the city's right-of-way, while an adjacent property's fence stands father back.

Bylaw records show the case was closed just three hours after Haider complained about the fence.

"This call was unfounded along with the other 7 parking control calls created tonight, will not be attending," wrote the bylaw officer in April 2013.

Thereport containsno investigationnotes, while complaints made against Haider'sfamily do.

"So unless there's different rules for brown fences and white fences or red cars and black cars, the rule should be the same," Haidersaid.

Similar fences left alone

CBC visited other addresses with fences and hedges that Haider had complained to bylaw about.

One of the fences similar to Haider's stands next to a hydro box and appears to be built on the city's right-of-way.Internal recordsshow the case was closed the day after Haider complained.

"Left a message on the answer[ing] machine that the case is close[d] and the defendants does not need to do anything," the 2013 log states.

"The [bylaw officer] did warn that if we receive another complaint in the future ...he may have to remove it."

When CBC News asked specifically about these cases, the city did not comment. Bylaw director Roger Chapman wrote that his department "does not publicly discuss enforcement tactics."

"I think the system has some issues," Haiderresponded.

City must investigate calls 'equally,' sayslawyer

Lawyer Stphane mard-Chabot says under a complaints-based bylaw system, it's important "that all complaints be investigated in the same way."

"To maintain public confidence, a complaints-based system has to be processed equally," saidmard-Chabot, a former city councillor who now practises municipal law. "If there are different reasons to enforce or not enforce, a bit of transparency I think is key."

mard-Chabot saidofficers can exercise a certain amount of discretion inhow strictly theyenforce a matter.

"Where I think there should be no room for discretion is in investigating a complaint," he said.

WATCH |Reporter lays outdecade-long fence feud:

Eleven years and $43k later, fence saga has two families calling foul on Ottawa bylaw

1 day ago

Duration 3:56

The City of Ottawa tore down a fence shared by neighbours Mo Haider and Nitin Datta more than a decade ago, claiming it was installed on the citys right-of-way. The dispute has now ballooned into multiple lawsuits and more than $43,000 in penalties against the two families.

At the same time, mard-Chabotbelievesfairness is a "subjective concept."

Municipalities have two choiceswhen it comes to enforcing bylaws: Ottawa'scurrent reactive model, which relies on complaints, or a more proactiveenforcement-first approach.

The latter iscostly, he said.That's why the complaints-based system is a "workable compromise."

"The system is not perfect. No system is,"mard-Chabotnoted."Either system will lead to results, outcomes that will feel unfair to people."

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Criminal lawyer David Anbersaid the city has a duty to demystify its complex enforcement system for residents to explain, for example, how someonecan be ticketed with a provincial offence for breaking a bylaw, but also be billed for any corrective actions taken by the city such asremoving a fence.

"The ordinary person might not realize the different regimes that apply to them," Anber said. "I do think the city has a responsibility to try and [better] explain to the citizenry."

Residents do have other options, such as requesting judicial review or taking civil action, but both lawyers warn those avenues can be expensive and time-consuming.

Time for a 'cry wolf' bylaw?

Meanwhile, former Ottawa bylaw officer Derek Petch said he saw his fair share of "frivolous" complaints andserial complainantsduring his 28 years on the job.

Prior to amalgamation, Petch said he remembers officials mulling over a "cry wolf bylaw" to potentially"mitigate these kinds of neighbour disputes and a lot of unnecessary complaints."But that never materialized.

"Bringing in those types of bylaws always becomes a question of how enforceable is it?" Petch said.

InHaider and Datta's situation, ajudge dismissed the case against the complainants and deemed their calls "not frivolous."

The city declined an interview on this topic.

In a statement, Chapman said officers have discretion in each case andhandle them "diligently," and said requests are investigated and resolved as quickly as possible.

He added bylaw officers receivetraining to ensure a consistent responseto service calls,and said the department "takes every opportunity to work with residents and educate them."