Battling city hall
City says neighbour's complaints fueled action

Glen Korstrom
Northern News Services

NNSL (Sep 01/99) - Lumen Marianayagam claims the City of Yellowknife has been out to get him since December 1997 -- and he has documents to prove it.

Parking and other vehicle violation tickets are the city's prime method of harassment, he said.

Marianayagam won in court when he challenged six of the tickets -- four were for operating a vehicle without a licence and two were for parking on a highway for an extended period. One ticket for not wearing a seatbelt is still before the courts.

"The City of Yellowknife has followed a policy of harassment (and there had been) open confrontation during the summer of 1998 when municipal enforcement went to extraordinary lengths to ensure I did not operate a motor vehicle," Marianayagam said.

Marianayagam is also battling the city for deeming his land unsightly and ordering him to clean it up.

"As I had builders on site -- a plumber, electrician and a carpenter/drywaller -- it was my responsibility to supply needed material to ensure construction went smoothly."

He won the tickets issued for illegal driving because the department of motor vehicles had revoked his driver's licence for health reasons without letting him know, he said.

Marianayagam's licence has since been reinstated.

Court case

The parking tickets issued to Marianayagam were for parking illegally on the dirt road in front of his Forrest Dr. Trailer Park property.

The road ends in a rock and can not be used for through-traffic. The judge in the case dismissed the tickets because it was not clear the road was a highway, according to court documents.

"I (once) observed two bylaw officers in front of my residence with a measuring tape and fluorescent paint spraying the snow. This was a chilly morning and on asking what they were doing ... I was advised they were making an 'imaginary crosswalk and sidewalk' and my vehicles had to be parked 1.5 metres from my fence," Marianayagam said.

"In my opinion, anybody who looks for an 'imaginary crosswalk or sidewalk' under eight to 10 feet of snow at -30 C has been smoking dope, has nothing to do, or works for the City of Yellowknife."

Acting manager of municipal enforcement with the City of Yellowknife, Doug Gillard, said the city does not harass any citizen intentionally and if one resident has several tickets, it is because the individual has committed more infractions.

"These aren't issues the city has been proactive on," Gillard said.

"We were acting on behalf of neighbours who complained."

In response to that, Marianayagam said his vehicles were ticketed and towed for being parked in front of his house while other neighbours had vehicles parked in a similar way but these were not towed.