"Haldimand County takes action against smoke shops"

Haldimand County has taken the first steps to legal action against landowners who have smoke shops on their property.

Marie Trainer, Haldimand County Mayor, said that property owners along Highway 6 have received notice that there are 'illegal' structures on their land.

"I don't know exactly what it (the notification letter) says but it tells them that they are in contravention of the Ontario building code and the zoning bylaw," said Trainer.

The property owners are advised to remove the shacks or have them removed and if there are complications to involve the OPP.

Trainer said that all the property owners (not smoke shop owners) on Highway 6 that have a shop on their property have been noticed except for the one that sits at fourth line.

"All of them, every smoke shop property except the one on fourth line got notice," said Trainer. "It's Six Nations land, part of the reserve, that's up to the reserve, it's trespassing on their land too, it's up to them to do something about that one."

Mayor Trainer said that even the shop on the Mohawk Garden's property is on the list to 'remove' even though the landowners approve of the shop being there.

"They just plopped it on there (the shop), we have an Ontario building code which we are to enforce. You have to have a proper foundation and all things, they didn't do anything," said Trainer. "They haven't followed any of the rules and we are under the provincial law to enforce those building codes. Then we have zoning bylaws too as to what can go on certain places and definitely a smoke shop wouldn't qualify but it would matter if it was a bakery or a bike shop, it has to fit the building code and it's trespassing."

Trainer said that the property owners who don't comply with the notice would face consequences.

"If they don't do anything there is legal action, Ernie (Palmer) has already has his case remanded in court," said Trainer. "I'm not sure what stage the others are at, they are all being handled the same."

Ernie Palmer is a private property owner along Highway 6. Approximately 2 months ago Steven 'Boots' Powless set up a shop, Pine Ridge, on the property.

Palmer is now facing charges for having the shop on his property. He has been told by the mayor's office to remove the shop but Palmer said that it is not his responsibility to do so. He said that he didn't ask for the shop to be opened and he is not going to fight with the owner, it is the responsibility of the government or OPP to do something.

There are two other smoke shops that encroach onto or near Argyle Street.

One is directly on the Highway 6 bypass on property registered to the Ontario Realty Corporation (ORC) but managed by Hydro One. The shop is on a transmission corridor and Hydro One representatives said that they are currently monitoring the situation.

The other shop, Plank Road One, is also on land titled to the ORC who said that they have not received any notice about a smoke shop.

Trainer said that the Six Nations Elected Council also received a notice for two shops near Highway 6 and Fifth Line. Trainer said that the lands are held in trust for the community but are still under Haldimand's jurisdiction.

Bill Montour, Six Nations Elected Chief, said that he has been away and as of yet (Monday, his first day back) had not been notified about any letters concerning the shops.