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Seized belongings trashed in dump
Northland man says city promised to protect property

Elizabeth McMillan
Northern News Services
Published Thursday, October 22, 2009

SOMBA K'E/YELLOWKNIFE - A man whose belongings were seized and taken to the Yellowknife dump says his items were ransacked and several hundreds dollars worth of goods are missing.

NNSL photo/graphic

Marie-Angelo Urbancig was told his belongings would be kept in a secure part of the city landfill, but when he went to see them, they had been rifled through. He estimates hundreds of dollars worth are missing. - Elizabeth McMillan/NNSL Photo

Marie-Angelo Urbancig says someone took two new air compressors and several tools.

"The way items were trashed, all kinds of people or one person went through my stuff diligently," he said.

Urbancig estimates the total value of his belongings is thousands of dollars. He's in the process of compiling an inventory of what he had stored in his yard at Northland Trailer Park. The list is more than two pages long. He said he's contacted a lawyer and wants to challenge the city's right to seize his property.

Doug Gillard, manager of municipal enforcement, said he couldn't comment.

The city confiscated Urbancig's belonging from his Northland Trailer Park property on Sept. 29, following three warnings and a $300 fine from municipal enforcement under the Unsightly Lands bylaw 3979.

A letter from the city said his belongings would be kept "in a separate fenced area at the city's solid waste facility." Upon visiting the dump, Urbancig found his confiscated belongings rifled through and accessible to the public.

"There is no fence around my property. It's completely open. Is the fence around the Yellowknife dump a fenced-in area?" he said.

Bruce Underhay, bailing manager at the landfill, said Urbancig's belongings are in a section of the landfill that is supposed to be for authorized personnel only, with signs indicating this.

"Not in an area that the public should be," said Underhay.

Asked if the area was monitored, he said "I'm not saying that it's not possible for people to get in."

Initially, Urbancig tried to report the seizure to the RCMP as theft because his three vans were registered and insured.

One of them still has its license plate visible at the dump. He said the city should have checked the vehicle's serial numbers before taking them to confirm they weren't registered.

He estimates the vehicles are worth several hundred dollars. He planned to restore and use one of the vans and sell the other two for parts.

The vehicles were filled with items ranging from new tools to an antique encyclopedia.

Urbancig questioned why the city was able to enforce city bylaws at the Northland Trailer Park, because it is owned by a condo corporation and as such, is private property.

Mike Roy, general manager of Northland, said the condo corporation entered into an agreement with the city in 2007 allowing them to enforce bylaws within the trailer park, as they would anywhere else in the city. He said this is stated in the condo corporation's bylaws.

"We don't have our own municipal enforcement, so we'd given the city permission to do so," he explained.

Roy said giving the city jurisdiction makes it easier to enforce.

"When I used to call the bylaw, it used to be 'well I can't do anything, it's private property,'" said Roy. "It's tough enforcing some of our bylaws because a lot of people just think it's a joke. Of course with a little bit of clout behind us now, it certainly helps."

Urbancig is also questioning the city's right to take his property before he had a chance to defend himself in court. The Municipal Enforcement Division had given Urbancig the wrong court date for a hearing for his fine, and as a result the ticket they issued him was annulled. Despite this, Urbancig said his belongings were seized hours before he was scheduled to appear before a justice of the peace.

"Was there ever any attempt to let me defend myself in court?" he asked.

He doesn't understand how the city could legally seize his possessions if the ticket was made void.

"If a ticket is annulled, therefore I am no longer non-compliant?" he asked.

A member of the Canadian Forces, Urbancig says it's a question of democracy.

"I cannot let this slip by for the reason of comfort," he said. "As a solider, I couldn't look at myself in the mirror."

In addition to saying his property would be stored in a secure location, the letter the city issued to Urbancig said he is responsible for paying all the costs associated with cleaning up the property. The city said they would have a dollar amount within 30 days.

The city initially gave Urbancig 14 days to find a new place to store his property. The deadline was then extended after he referred to his lawyer.

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