The appellant appealed his conviction and sentence for failing to comply with a Property Standards Order under the Building Code Act.
At trial, the appellant attempted to argue that the underlying municipal by-law was vague and that his property enjoyed legal non-conforming use status.
The appeal court upheld the trial justice's finding that these arguments constituted an impermissible collateral attack on the order, as the appellant had failed to exhaust the statutory appeal mechanisms available to him.
The court also confirmed that the doctrine of legal non-conforming use does not apply to property standards by-laws.
The appeal against the conviction and the sentence of a $7,500 fine and one-year probation order was dismissed.
