A7 -Sunday News, August 10, 1980 Dear Editor: You can fight City Hall and win but still be the loser. This has been the experience of Gordon and Doreen Rogers, who have twice successfully defended themselves in the courts, where Judge Layton com- mented that the public in the City of North Vancouver are not being treated in a fair manner. On September 28, 1977, the Rogers were given an order by the Chief Fire Prevention Officer of the City of North Vancouver. This order cited the City’s fire by-law and required the installation of lighting equipment that was not required by any _ specific legislation. Further this order required that the installation of lighting equipment was to be to the satisfaction of the Fire Chief instead of being in ac- cordance with a code or regulation. When the Rogers refused to comply with the unlawful order, a charge was laid by the City in provincial court. The charge was most unusual. The charge made no reference to the city’s fire by-law, nor to the order of September 28, 1977, nor to lighting equipment. Instead, the charge alleged that the Rogers had failed to provide means of egress in con- travention of the National Building Code of Canada, 1977. City staff had ignored the fact that this code only applied to construction or alterations since 1977, while people had been coming out of the building for many years before that. It was when provincial court Judge Layton dismissed the charge that he made the comment that the WEST VAN. V25E ’ NORTH VAN. LT OR TI IR TOR TR TK OR OR IR TR TR TR TR OO OK. One child per parent 3/80 Atnew, West Van location only Comptmentary Limousine Service at no extra charge! 1564 Marine OF Ambleside Aran Stn bt 'y Dlock Off Consadnla public of the City of North Vancouver are not being treated in a fair manner. More unfairness was to come. The Rogers were placed to more expense by an appeal to the county court where Judge Darling Stressed that it requires specific legislation to bind owners of buildings, as he confirmed the dismissal of the City charges. The Rogers case is not an isolated incident. Since 1971 scores of property owners have been ordered to install unnecessary equipment under an amendment of 1971 to the City of North Van- couver fire by-law. We must remember that “Law” must be a two-way street. The safety of the community must be protected but the nights of the individual must be respected. The Municipal Act does this. Section 715 of the Municipal Act provides that if a fire warden or other city officer finds an _ unsafe condition that is not covered by specific regulations, the elected municipal council can, by special by-law, order remedial action. The owner however is protected by the provision that the owner can apply to a court and the court will require that the City prove that the condition is unsafe. In November, 1971, Fire Warden Tyson, with the support of City Ad- ministrator Raymond, asked council to amend the fire by- law. The requested amendment was to give the Fire Chief the power to make any order concerning emergency lighting or fire alarms that “in his opinion was necessary” without any regard to any code or regulation, thereby negating the public right of appeal. I vehemently opposed this amendment as it was clearly contrary to the Municipal- Act since such a power cannot be delegated to a staff member and the public right of appeal cannot be destroyed. The city solicitor cautioned council that he had “qualms” about such an amendment. However the amendment was adopted. As an elected represen- Lost ring sought by owner Dear Editor: While on holidays’ in Vancouver City during November 1979 I lost a ring. This ring was my late father's wedding ring. It was gold and had the imitials of my mother’s maiden name on the face of it, which were “R.C.”. I am heartbroken as a result of this loss as the ring was of great sentimental value to me and was the only thing 1 had which belonged to my father. Perhaps some kind reader has found this rng and might return it to me. Jim McMorrow 11 Beechwood Road Ranelagh Dublin 6 Ireland Fitness is a national issue. We call it Body Politics. Back to School ‘‘Cut’’ Special ° Laoupe de Ville Harr. Fa ow ? for Women & Men Parents! Receive a complmen tary haircut coupon for your child (10 yrs & under) with your next appointment Offer expires Sept 926-6026 980-2625 i OR Oe SOO Alderman lashes out at ‘injustice’ tative of the public, my conscience will not permit me to be silent about this injustice. Stella Jo Dean Alderman, North Vancouver City a _ caf DOCTOR JON P. 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