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HomeMy WebLinkAboutAdmin 42-85CORPORATION OF THE TOWN OF NEWCASTLE 40 TEMPERANCE STREET BOWMANVILLE, ONTARIO [Fife:pNi0i.,&'':1�3:,/0 6 L1C3A6 E..6 a-.4379 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING HELD JULY 15 1985 ADMIN. 42 - 85 SUBJECT: CONCERNS WITH RESPECT TO ENFORCEMENT OF THE PROPERTY STANDARDS BY-LAW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. That Administrator's report ADMIN. 42 - 85 be received for information. BACKGROUND AND COMMENT: At the June 17th 1985 General Purpose and Administration Committee meeting, Resolution #GPA -411-85 was passed requesting staff to investigate concerns with respect to the Property Standards By -Law and report back to Committee. Staff have reviewed the procedures that are followed under the Property Standards By -Law with respect to the handling of complaints. For the information of Council members, I have attached a summary of the procedures that are followed with respect to the handling of such complaints. These procedures were established by Council on July 5th 1982 and were the subject of a report, PD -112-82. Since the adoption of the Property Standards By -Law, a total of 88 written complaints have been received. At the time of writing this report there were still 25 outstanding active files. Six of these can be described as chronic offenders. Staff receive a complaint approximately once every two weeks of a verbal nature. As indicated previously to members of Council, staff in accordance with procedures, only investigate those complaints that are written and signed. U)-. )(h) ADMIN. 42 - 85 -2- There was some concern expressed by the Mayor as to the status of a memo and the failure of staff to act expeditiously. It is staff's understanding that any written memorandum received from the Mayor or any other member of Council.with respect to the Property Standards By -Law will be treated as a written complaint and processed accordingly. This, of course, means that should a matter end up before the courts, that the author of the memorandum may be called upon to give evidence. In the past, the Planning Department has not been able to give the Property Standards By -Law a high priority owing to the workload associated with the issuance of building permits. Since the hiring of an additional building inspector and revisions to administrative practice in the issuance of building permits, staff have been able to clear away the backlog of building permits. It is hoped that staff will now be able to devote more time to the enforcement of the Property Standards By -Law. Senior staff will be closely monitoring the situation throughout the summer with a view to significantly reducing the number of outstanding complaints. This will involve the laying of orders and associated legal work. It is quite likely that with the heightened enforcement activity, offenders of the By -Law who are charged may approach members of Council or Council with respect to staff activity. With the continued support of Council, staff are confident that the majority of outstanding complaints can be acted upon by the end of the year. All of which is respectfully submitted, r David . Johnston, M.C.I.P., Chief Administrative Officer DSJ:nof att. SLMMARY OF PROPERTY STANDARDS PROCEDURES 1. A written complaint or a written request for a Certificate of Compliance is received by the Property Standards Officer; 2. The Property Standards Officer investigates the property; 3. If the property is found to comply with the standards of By-law 82 - 63, the Officer may issue a Certificate of Compliance. In the case of a complaint, the file is closed; 4. If the property is found not to comply with the By-law, the Officer issues a Notice of Non -Conformity to the owner(s),.and specifies the time and place of a Hearing with the Property Standards Officer; 5. If, during the Hearing, the owner(s) agrees to bring the property Tinto conformity with the By -Law, the Property Standards Officer will specify the date by which the necessary rE'pairs or alterations must be made. ."'2or't :o 'i)-11 -!,? ...; 5 If the property coinplies with the By-law at the end of the specified period, the Officer may issue a Certificate of Compliance. If the property does not comply with the By-law at the end of the specified period, the Officer will serve the Owner with an Order; 6. If the owner does not attend the Hearing or, if during the Hearing he indicates he is not willing to bring the property into conformance with the By-law, the Property Standards Officer shall issue an Order to the owner specifying the nature of the repairs required to make the property conform, and the final date of appeal to the Property Standards Committee. The Order is registered against the title to the property; 7, In the event of an appeal to the Order, the Property Standards Committee will hear the appeal within 30 days of the receipt of the appeal; 8. The Municipality or anyone affected by the decision of the Property Standards Committee may appeal that decision to the County Court; 9 The Judge will hear the appeal and his decision will be final and binding on all parties; 10 Whether or not an appeal to the Order was registered, if the property is not brought into conformity with the by-law, the Municipality may take further action including the laying of charges in Provincial Court or the passing of a By-law authorizing the repair or demolition of the property; 11. When the order is eventually complied with, the Order is discharged.