Woman, 78, says City of Winnipeg bullying her over backyard deck

A Winnipeg senior is refusing to pay the city for having a deck that's too high after she says the ground sank around it over the last two decades.

Diane Saladin says she's received at least two bylaw violation notices telling her to obtain a permit for her deck or adjust the ground height so that her deck is no longer over 60 centimetres in height.

"They want me to pay for a permit they feel should have been purchased when in fact the purchase was not required," Saladin said.

The issue is not her disregard for zoning bylaws, but rather soil erosion, Saladin said. When the 78-year-old's deck was built at about 60 centimetres (or 24 inches) tall 20 years ago, obtaining a permit was not necessary as the city only requires permits for decks over that height.

But over the years the ground beneath the deck eroded away and more of the deck became exposed. In that time, Saladin's family propped the deck up with boards and an extra step so that it would remain level. 

Now, it measures about 78 centimetres (31 inches).

"I don't want to pay it because I feel I'm being asked for money that is not due them. If indeed it's a permit that's required and I haven't paid it, I would like to pay it. But if it's built-to-code [ruling], I don't feel that I'm responsible for that," said Saladin.

Appealing infraction

She responded to the bylaw violation notices with a letter of appeal and multiple phone calls to the city, the original builder of the deck and even the developer of the neighbourhood.

They're pushing and they're bullying and they're saying 'Pay, or else.- Diane Saladin

The appeal was denied on the basis that she, as the homeowner, was responsible for obtaining a permit for her deck, even if the contractor who had done the work years ago didn't get a permit.

Questions to the city of why a permit would have been required then when the deck was not higher than 60 centimetres went unanswered, Saladin said.

'Feel like I'm being bullied'

Now, Saladin said she owes about $200 for the permit, $300 for a late penalty and is being threatened with a $1,000 administrative fee if the matter is not resolved by the end of June.

"I feel like I'm being bullied. They're pushing and they're bullying and they're saying 'Pay, or else,'" Saladin said. "I'm saying 'why? I'm not guilty of anything!'"

A 25-centimetre high soil line is visible around the exterior of Saladin's house, and an air conditioner, which she says once rested on the ground, now extends from the house mid-air. She's had to put three additions on the bottom of the deck to stop it from sinking further.

"The land around here is not really stable land, it has a lot of settling to do," she said.

"I don't want to spend my children's inheritance on repairs to a house that's sinking into oblivion!"

She plans to build the ground up on her own time and when she has help.

A spokesperson for the city says they have been working with Saladin to resolve the matter for nearly a year, and hope to do so quickly, while ensuring her safety and compliance. Codes are in place to ensure safety, accessibility and energy efficiency, the spokesperson said.

While permit fees for decks have been reduced by 40 per cent, non-compliance fees have risen, the spokesperson added.

'Chew that bone'

Saladin said her own non-compliance is a matter of principle, but that comes at a cost.

"I feel very sad," she said, adding that since the death of her husband six years ago, she's become more independent.

"I've found out I've got a little more courage and aggression than I thought I had. I'm hoping to chew that bone and just keep shaking on it!"

On Friday, Saladin hand-delivered a letter to the mayor's office about the issue, with colour photocopies of the deck and the soil line around her house.

Bowman an 'enthusiastic young man'

"I know that Mayor Bowman is an enthusiastic young man that wants to see Winnipeg thrive, but the way they're going about it is not good," said Saladin.

"Please don't go back 20 years and say 'Give me your money or else you'll be charged $1,000 dollars for admin fees if you don't comply within 14 days.'

"I'm sure the mayor wouldn't be happy with that."

Saladin hopes the city waives the fees altogether and allows her to build her yard up at her leisure.