By Local Journalism Initiative Reporter Tyler Waugh
Mount Pearl council confirmed a cease and desist order issued for a residential property where an unauthorized automotive-related business had been operating.
The City issued the cease and desist letter to the property owner, a woman with a mailing address in Ferryland, stating the unpermitted commercial garage use at 20 Gadwall Place in Mount Pearl was to cease immediately.
“Failure to comply with this Order may result in the City making the necessary arrangements to carry out this Order through its officers, agents, employees, or contractors without further notice,” reads the order that was included as part of the August 18 meeting agenda package. “Any costs, expenses, or charges incurred by the City in carrying out this Order may be recovered against the person against whom the Order was made as a debt owed to the City.”
While the order was issued by a duly appointed representative of council, staff said it still needed to be confirmed by council. And it was confirmed by a unanimous vote.
Councillor Mark Rice said he had driven by at one point and there were five or six cars visible.
“If you want to operate a garage you go to a proper area and set it up,” Rice said. “We have several other areas as well where this is happening. It’s not allowed in a residential area.”
Mount Pearl initially issued a violation notice May 21 that stated the unauthorized activity was consistent with a commercial garage use in a residential medium density zone where it is not permitted. The notice also stated multiple residents raised concerns regarding increased traffic in the area related to the business.
Mayor Dave Aker said if you live in a residential area, you should be able to enjoy it as a residential area.
A permit has not been issued for the business, nor has the City received a permit application for this type of use.
The property owner has a right to appeal the order. An appeal, together with the appeal fee of $230, including HST, must be submitted to the Department of Municipal and Community Affairs within 14 days of the date that the order is received.
“If the appeal and fee are not submitted within this time limit, your right to appeal is considered to be forfeited,” reads the order.