Her troubles first started when she parked her vehicle in a reserved spot at 1 Hamilton Street South on May 12. When she returned to her vehicle, a $35 parking fine was tucked underneath her windshield wiper.

Currently awaiting hip and knee replacement surgery, Susan has a hard time getting around the parking lot. When she came home on that day, "It was raining, like a torrential downpour," she recalled, adding that she had to carry two heavy bags is from her vehicle into her apartment.

Susan's assigned parking spot requires her to go up a ramp, which takes a toll on her body. With a heavy load to carry and angry clouds up above, she decided to park her vehicle in one of more than 10 parking spaces nearest the door, which are typically reserved for a local business that operates in the basement of the geared-to-income residential establishment.

When Susan moved into the building 11 years ago, there were no dedicated parking spaces for disabled persons on the property. But her health has since deteriorated and, to this day, no spaces are available. So, although the Waterdown mother has a disabled person's parking pass and can legally station her vehicle near most commercial entrances, she simply can't do it at home.

When the former Town of Flamborough amalgamated with the City of Hamilton, existing zoning bylaws were legal non-conforming, or grandfathered.

Since the Hamilton Street South apartment building was constructed prior to 1990, when the parking requirement bylaw was amended to include parking requirements for disabled persons, the establishment's owners and operators have no obligations to assign such spaces.

Prior to the bylaw amendment in the early 1990s, the previous bylaw for the former Town of Flamborough was enacted in 1953. According to city staff, "there is no way" a stipulation for disabled parking would have been included in that 55-year-old bylaw.

According to Colin Gage, Executive Director of Victoria Park Community Homes, the company that owns the property, the 10-storey building was constructed in the late 1960s or early 1970s.

"At that time, the building was never required to provide facilities, parking or otherwise," for persons with physical disabilities, explained Gage.

As it stands today, parking regulations in the former Town of Flamborough Zoning Bylaw No. 90-145-Z note "the owner of any building, structure or use shall provide and maintain parking spaces on the same lot and within the same zone."

For townhouses or apartments, one and a half parking spaces are required per dwelling unit plus 0.25 visitor parking spaces per dwelling unit. The provisions stated in the bylaw for parking spaces for disabled persons indicate that if there are between 20 and 99 parking spaces at the apartment building, a minimum of one parking space must be reserved for disabled persons.

With limited income, Susan was hoping Victoria Park representatives would take her plight into consideration and convert one of the parking spaces close to the apartment building's entrance into a disabled persons' parking spot. So she asked for a 90-day grace period on her parking ticket.

But as the 90 days came to an end, there was no development on the case.

Subsequently, Susan paid her fine, which put a dent in her finances. Bringing home less than $800 a month, she must budget her money and spend it wisely. As she puts it, $35 goes a long way.

The Waterdown mother has been searching for an advocate who will help her negotiate the various challenges associated with her disability. She turned to the Access and Equity department at the City of Hamilton for assistance. Since May, Susan has been waiting patiently for news from the department's coordinator, Maxine Carter.

The Access and Equity department provides assistance for people with disabilities in relation to city-run and operated services. According to Carter, because Susan's building is privately owned, city staff can only provide suggestions on how to go about obtaining the help she needs. They can also offer a list of resources to assist her in her situation.

"I have provided her with options and ideas and what other alternatives (are available to Susan)," said Carter.

However, city staff would not comment on the specifics of Susan's case. The Waterdown woman claims that the Access and Equity office said they would delve deeper into the parking issue but to date, she hasn't heard anything.

When the Review contacted Gage, he explained that he has been working with Carter to find a realistic solution that is fair for both parties involved.

According to Jane Lee, Director of Customer Service, Access and Equity, there is currently no regulation that dictates a change for a previously existing site.

"The only thing (the City of Hamilton) can do is work with the owner to see if he or she would be willing to make provisions for the resident," said Acting City Manager, Joe Rinaldo. "I don't believe we can do anything legally."

And although the process of coming to an acceptable solution has been lengthy, Gage said that Victoria Park Community Homes has not closed the door on the issue.

"I have to weigh all the factors in place," said Gage. "Do I think (the issue) is resolvable? Absolutely," he added, noting that he hopes it will be to everyone's satisfaction.

Still, Susan is overwhelmed. "I just feel like, in every direction I look, I am put upon," she said. "It's just not right, none of this is right."

Gage told the Review that since Victoria Park Apartments are geared-to-income, tenants are placed on a municipally-run waiting list for Access to Housing. He explained that in the documentation provided by the Access to Housing program, it is clearly noted that the 1 Hamilton St. S. building, and its dwellings, have not been modified for persons with physical disabilities.

"When tenants move in there, they are very well aware of that," he said.

Although Gage is keeping an open minded with respect to resolving the parking issue for Susan, he questions where a landlord draws the line. For example, when the physical health of a tenant deteriorates, to what extent is the landlord responsible for making specific provisions for his or her tenant?

"If I open this, how many more individuals are going to come forward?" said Gage.

But to Susan, the situation should be easy to resolve. "It's black and white. The person can no longer walk more than a block, needs a hip and knee replacement, she's lived here for 11 years, why is (reserving a spot for disabled persons) an issue?

"It doesn't make sense to me, what good is the (disabled person parking) sticker if there are no parking spots?" feel like, in every direction I look, I am put upon," she said. "It's just not right. None of this is right."

Gage told the Review that since Victoria Park Apartments are geared-to-income, tenants are placed on a municipally-run waiting list for Access to Housing. He explained that in the documentation provided by the Access to Housing program, it is clearly noted that the 1 Hamilton St. S. building, and its dwellings, have not been modified for persons with physical disabilities.

"When tenants move in there, they are very well aware of that," he said.

Although Gage is keeping open-minded with respect to resolving the parking issue for Susan, he questions where a landlord draws the line. For example, when the physical health of a tenant deteriorates, to what extent is the landlord responsible for making specific provisions for his or her tenant?

"If I open this, how many more individuals are going to come forward?" said Gage.

But to Susan, the situation should be easy to resolve. "It's black and white. The person can no longer walk more than a block, needs a hip and knee replacement, she's lived here for 11 years. Why is (reserving a spot for disabled persons) an issue?

"It doesn't make sense to me. What good is the (disabled person parking) sticker if there are no parking spots?"