HomeMy WebLinkAboutCD-27-99
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REPORT 1/12
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: Council
File # .;?D r; 6' e
.
Date: Monday, July 19,1999
Res. #C .A{'Yo - rj
Report No: CD-27-99
By-law # _
Subject:
Property Clean-up of Property of Reward Building
and Development Inc., Dalepark Drive, Courtice, Ont.
Lot 6, Plan 40M-1798 (Roll No. 010-070-03678) and
Lot 6, Plan 40M-1799 (Roll No. 010-070-03654)
RECOMMENDATIONS:
It is respectfully recommended to Council:
1 . THAT Report CD-27-99 be received; and
2. THAT authorization be given to the Municipal Law Enforcement Officers to
undertake all necessary actions to have the property known as Lot 6, Plan 40M-
1798 and Lot 6, Plan 40M-1799, Dalepark Drive, Courtice, cleaned up; and
3. THAT all costs associated with the clean-up be initially charged against contingency
account number 11 00-9-X and subsequently added to the Collector's Roll and
collected in the same manner and with the same priorities as Municipal Real
Property Taxes.
1. BACKGROUND:
1.1 During the fall of 1998, the By-law Enforcement office received a complaint
concerning the condition of vacant property (land) legally known as Lot 6,
Plan 40M-1798 and Lot 6, Plan 40M-1 799. These two lots are located at the north-
east and south-east end of Dalepark Drive in Courtice. An inspection revealed there
to be a utility pole, piles of tree branches, wires, metal strapping, concrete and other
general "debris" left over from construction.
1.2 A letter was sent ot the owner of the properties, Reward Building and Development
Inc., informing them of the condiiton of the properties and instructing them to take
the appropriate action to have these lands cleaned and cleared of all rubbish and
debris.
1.3 An inspection following the compliance deadline revealed that no work had been
undertaken to remedy the situation.
,
Report CD-27-99
- 2-
July 19, 1999
1.4 A title search confirmed that Reward Building and Development Inc. owned these
two properties.
1.5 Property Standards Orders were prepared in respect of the condition of the lands
and were issued to the owner, the non-conformities being "vacant land not kept
clean and free from rubbish or debris and objects or conditions that might create
an accident hazard". The remedy, "land to be cleared of all rubbish and debris, this
includes but is not limited to utility pole, wires, piled brush, discarded and used up
construction material".
1.6 Since the owner did not appeal the terms of the Orders to the Property Standards
Committee, the Orders were automatically deemed to have been confirmed
fourteen (14) days after being served.
1.7 An inspection as recent as Monday, July 12, 1999, has confimed that the properties
remain in essentially the same condition as noted during the initial inspection of
1998. They remain to be in violation of the Municipality's Property Standards
By-law.
1.8 The Building Code Act, S.O. 1992, C.23, Section 15.4(1) states: "if an Order of an
Officer under Subsection 15.2(2) is not complied with in accordance with the Order
as deemed confirmed or as confirmed or modified by the Committee or Judge, the
Municipality may cause the property to be repaired or demolished accordingly."
1.9 Section 15.4(4) states: "the Municipality shall have a lien on the land for the
amount spent on the repair or demolition under Section (1) and the amount shall be
deemed to be municipal real property taxes and may be'added by the Clerk of the
Municipality to the collector's roll and collected in the same manner and with the
same priorities as Municipal Real Property Tax".
2. RECOMMENDATION:
In view of the length of time the situation has existed, and the owners apparent lack of
concern, staff are requesting Council's authorization to exercise the option stated in the
Building Code Act S.O. 1992, C.23, Section 15.4(1).
Respectfully submitted:
Reviewed by:
o f~J2~
Franklin Wu, M.C.I.P., R.P.P.
Chief Administrative Officer
TMlPB/mh
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW ENFORCEMENT DIVISION
ORDER REQUIRING COMPLIANCE
PURSUANT TO SECTION 15.2 OF THE BUILDING CODE ACT, S.0.1992 c.23
ISSUED TO:
MUNICIPAL ADDRESS:
Reward Building & Devejopment Inc.
7181 Woodbine AVe. Suite 226
Markham, Cnt
L3R lA3
Dale Park Drive, Courtlce, Onto
Legal Description:
Lot 6, Plen 40M-1799
Fonner Twp. of Darlington
now Municipality of Clarington
PROPERTY IDENTIFIER #2658~026(L T)
INSTRUMENT NO. L T 649219
BEING THE OWNER OF THE ABOVE MENTIONED PROPERTY OR A
PERSON HAVING AN INTEREST THEREIN
WHEREAS the property described above has been inspected by a Property
Standards Officer and found not to conform to the standards set out in
Property Standards By-law 98-123:
IT IS HEREBY ORDERED THAT THE PROPERTY BE CLEARED OF ALL
REFUSE, RUBBISH AND DEBRIS AS DESCRIBED IN SCHEDULE "A"
WHICH IS ATTACHED HERETO AND FORMS PART OF THIS ORDER, AND
BE LEFT IN A GRADED, LEVELlED CONDITION ON OR BEFORE APRIL 16,
1999. SAID REFUSE/RUBBISH/DEBRIS IS TO BE REMOVED TO A PROPER
DISPOSAL FACILITY.
If this Order is not complied with within the time and in the manner
specified, and in accordance with any permits required by law, the
Corporation may carry out the requirements of this Order at the owner's
expense and/or commence legal proceedings.
You are hereby advised that if you are not satisfied with the terms or
conditions of this Order, you may appeal to the Property Standards
Committee by sending by registered mail a Notice of Appeal to the
Secretary, Property Standards Committee, Municipality of Clarington, 40
Temperance Street, Bowmanville, Ontario L 1C 3A6, on or before MARCH
31, 1999 stating your grounds for appeal.
In the event no appeal is taken within the prescribed period and in the
manner specified above, the Order shall be deemed to be confirmed and
shall be final and binding upon you pursuant to Section 15.3(2) of The Act.
FILE: V98/404(b)
ISSUED ON:
MARCH 16, 1999
MARCH 16, 1999
SENT BY REGISTERED MAIL ON:
l'> '!)./~_/J-:c-~-...
Teresa Mason P.S.O.
J~ ~/.~
Witness
<
THE CORPORAnON OF THE MUNICIPAUTY OF CLARINGTON
BY-LAW ENFORCEMENT DIVISION
PROPERTY STANDARDS BY-LAW 98-123
SCHEDULE 'A'
FILE NO. V98/404lbl
SECTION
NON-CONFORMmES
1.
4,01
Vacant land not kept clean and free from
rubbish or debris and objects or conditions
that might create an accident hazard.
REMEDY
Land to be cleared of all rubbish and debris. This
indudes but is not limited to wires, garbage bags,
metal pieces, downed tree branches. Land to be
left In a level and graded condition.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY.LAW ENFORCEMENT DIVISION
ORDER REQUIRING COMPLIANCE
PURSUANT TO SECTION 15.2 OF THE BUILDING CODE ACT, S.0.1992 0.23
ISSUED TO:
MUNICIPAL ADDRESS:
Reward Building & Development Inc.
7181 Woodbine AVe. Suite 226
Markham, Onto
L3R 1A3
Dale Park Drive, Courtice, Ont
Legal Description:
Lots, Plan 4OM-1798
Former Twp. of Darlington
now Municipality of Clarington
PROPERTY IDENTIFIER #26589-G028(L T)
INSTRUMENT NO. L T 644780
BEING THE OWNER OF THE ABOVE MENTIONED PROPERTY OR A
PERSON HAVING AN INTEREST THEREIN
WHEREAS the property described above has been inspected by a Property
Standards Officer and found not to conform to the standards set out in
Property Standards By-law 98-123:
IT IS HEREBY ORDERED THAT THE PROPERTY BE CLEARED OF ALL
REFUSE, RUBBISH AND DEBRIS AS DESCRIBED IN SCHEDULE "A"
WHICH IS ATTACHED HERETO AND FORMS PART OF THIS ORDER, AND
BE LEFT IN A GRADED, LEVELLED CONDITION ON OR BEFORE APRIL 16,
1999. SAID REFUSElRUBBISHIDEBRIS IS TO BE REMOVED TO A PROPER
DISPOSAL FACILITY.
If this Order is not complied with within the time and in the manner
specified, and in accordance with any permits required by law, the
Corporation may carry out the requirements of this Order at the owner's
expense and/or commence legal proceedings.
You are hereby advised that if you are not satisfied with the terms or
conditions of this Order, you may appeal to the Property Standards
Committee by sending by registered mail a Notice of Appeal to the
Secretary, Property Standards Committee, Municipality of Clarington, 40
Temperance Street, Bowmanville, Ontario L 1C 3A6, on or before MARCH
31,1999 stating your grounds for appeal.
In the event no appeal is taken within the prescribed period and in the
manner specified above, the Order shall be deemed to be confirmed and
shall be final and binding upon you pursuant to Section 15.3(2) of The Act.
FILE: V981404(a)
ISSUED ON:
MARCH 16, .1999
MARCH 16, 1999
SENT BY REGISTERED MAIL ON:
'- ~.rJ./O.._//7,?~
Teresa Mason P.S.O.
/Jl,(.A-<-i.-~ ~~
Witness
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW ENFORCEMENT OMSION
PROPERTY STANDARDS BY-LAW 911-123
SCHEDULE 'A'
FILE NO. V98/404(al
SECTION
NON-CONFORMmES
1.
4.01
Vacant land not kept dean and free from
rubbish or debris and objects or conditions
that might create an accident hazard.
REMEDY
Land to be cleared of all rubbish and debris. This
includes but Is not limited to utility pole, wires,
piled brush, discarded and used up construction
material.
AUTHORIZATION TO DESIGNATE
PURSUANT TO THE ONTARIO HERITAGE ACT, 1990, c.0.18
THE MUNICIPALITY OF CLARINGTON IS HEREBY AUTHORIZED TO DESIGNATE THE
PROPERTY:
LEGAL DESCRIPTION
DATED TH IS 0)5 DAY OF ~~ 19 9''1
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Witness
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33 Centl:'e Street Peter E. Heslin (f)
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Bowmanville, Ontario 120 Waver ley Road w
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L1C 2Y2 Suite 214 ~
Dowmanville, Ont.aric>
r.de 3W9 'a:
li: Tot.1
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11l\7~1 (11'/64)
_d/a;r;"g'i;;n
ONTAR'O
December 23, 1998
Re~istered Mail
Mr. and Mrs. B. Higgins
33 Centre Street
Bowmanville, Ontario
L1 C 2Y2
Dear Mr. and Mrs. Higgins:
RE: DESIGNATION OF PROPERTY UNDER THE ONTARIO HERITAGE ACT
33 CENTRE STREET, BOWMANVILLE - OUR FILE: R01.CE
Council has authorized the designation of the subject property at the request of the Local
Architectural Conservation Advisory Committee (LACAC). Enclosed, for your information,
is a copy of Report PD-1 32-98, which recommended the designation.
The designation process consists of various stages, the fi rst bei ng the publ ication of a Publ ic
Notice advising of Council's intent to designate the property. This Notice, a copy of which
is enclosed, will be published in the local newspaper on December 30, 1998. I am also
forwarding a copy of the Notice of Intention to Designate which outlines in detail the
reasons for the designation. This Notice is being forwarded to the Ontario Heritage
Foundation, in accordance with the Act.
Enclosed you will find an "Authorization to Designate" form. Please execute the
document, have your signature witnessed and forward it to me, together with a copy of the
deed for the property at your earl iest conven ience.
If you have any questions pertaining to this matter and the process to be followed, please
do not hesitate to call.
Yours truly,
PLB/hj
enclosure
cc:
J. Dodds, Chairman, LACAC
I. Little Planning Department
, CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET. 80WMANYILLE 'ONTARIO .llC JA6 "l90S) 623.3379. FAX 623-.4119
@
"~CT(:LEO ....f..
DN: PD-132-98
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Date:
Monday, November 16, 1998
File~\GE
Res. #6PA-5'1?-'7'B"
Meeting:
General Purpose and Administration Committee
Report #:
PD-132-98
FILE #: PLN 34.5.1
By-law #
Subject:
PROPOSED HERITAGE DESIGNATIONS
33 and 35 CENTRE STREET, BOWMANVILLE
FILE: PLN 34.5.1
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-132-98 be received;
2. THAT the request of the Local Architectural Conservation Advisory Committee to
designate as a historical structure the properties listed on Attachments 1 and 2 be
approved;
3. THAT the Clerk prepare the required notice of intent pursuant to the provisions of
the Ontario Heritage Act and report back to Council following the prescribed
notification period; and
4. THAT the Local Architectural Conservation Advisory Committee be advised of
Council's decision.
1. BACKGROUND
1.1 The Planning Department has received a copy of two requests submitted to the
Local Architectural Conservation Advisory Committee (LACAC) to designate, as
having historic and/or architectural value or interest, the following properties:
. 33 Centre Street, Bowmanville
· 35 Centre Street, Bowmanville
6u9
REPORT NO.: PD-132-98
PAGE 2
Both structures are described in Attachment No.'s 1 and 2. The designation request
for 33 Centre Street contains both interior and exterior architectural features. The
LACAC has requested only the exterior elements of 35 Centre Street be designated
as the interior of the building has been significantly altered. Staff concurs with the
Committee's recommendation on the items to be designated.
1.2 The Chairperson of the LACAC has advised that the designation requests have been
made in response to written requests submitted by the respective property owners.
The LACAC has provided each owner with relevant information related to the
designation of the properties, including the restrictions placed on the properties as a
result of designation.
2. COMMENTS
2.1 Staff have reviewed both properties terms of their Official Plan and Zoning By-law
designations. In addition, both external and internal visual inspections of the
properties were conducted. Staff has no objection to designating the structures
pursuant to the Ontario Heritage Act as having historic and/or architectural
significance.
2.2 Therefore, it is recommended that the Clerk prepare, send and publish the required
notice of intent pursuant to Section 29 of the Ontario Heritage Act and report back
to Council following the prescribed notification period.
610
REPORT NO.: PD-132-98
PAGE 3
Respectfully submitted,
Reviewed by,
IL *DC*FW*df
5 November 1998
~
~--
~. . Stockwell
~ Chief Administrative Officer.
2) r~~ ~~
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning & Development
Attachment No. 1 A -
Attachment No. 1 B -
Attachment No. 2A -
Attachment No. 2B -
Features to be Designated - 33 Centre Street
Key Map
Features to be Designated - 35 Centre Street
Key Map
Interested parties to be notified of Council's and Committee's decision:
Ms. Janie Dodds
LACAC Chai rperson
3917 Concession Road 8
R.R.#l
ORONO, Ontario
LOB 1 MO
Mr. and Mrs. B. Higgins
33 Centre Street
BOWMANVILLE, Ontario
L 1C 2Y2
Mr. R.L. McEachern
35 Centre Street
BOWMANVILLE, Ontario
L 1C 2Y2
611
ATTACHMENT NO.1A
Lorne Villa
33 Centre Street
Bowmanville
This pair of semi-detached Italianate homes, circa 1876, is one of the most unusual houses
built in Bowmanville as it has been constructed of solid, natural, limestone and clay
cement. Architectural elements, such as quoins, soldier courses and keystones have been
etched in the cement and are still visible. The first known owner of the semis is Cephas
Barker, a Bible Christian preacher and editor of the Bowmanville newspaper, The
Observer. In 1887 the property was purchased by Moses A. James, owner of the Canadian
Statesman, who named the building Lome Villa. The structure is recommended for
designation under the Ontario Heritage Act for its historical significance and the following
architectural features:
Interior:
. Plaster arch in foyer;
. Medallions in living room and dining room;
. Plaster cornice in living room and dining room;
· Original wooden baseboards, window trims and door casings;
. Tin ceiling and coves in the kitchen.
Exterior:
· Poured cement construction with its architectural etchings;
· Original eaves and decorative brackets;
. Original front door;
. Window casings and lintels.
#35
#33
612
ATTACHMENT NO. 1B
SUBJECT SITE
33 CENTRE STREET
(BOWMANVILLE)
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ATTACHMENT 2A
Lorne Villa
35 Centre Street
Bowmanville
This pair of semi-detached Italianate homes, circa 1876, is one of the most unusual houses
built in Bowmanville as it has been constructed of solid, natural, limestone and clay
cement. Architectural elements, such as quoins, soldier courses and keystones have been
etched in the cement and are still visible. The first know owner of the semis is Cephas
Barker, a Bible Christian preacher and editor of the Bowmanville newspaper, The
Observer. In 1887 the property was purchased by Moses A. James, owner of the Canadian
Statesman, who named the building Lome Villa. The structure is recommended for
designation under the Ontario Heritage Act for its historical significance and the following
architectural features:
Exterior:
. Poured cement construction with architectural etchings;
. Original eaves and decorative brackets
. Original front door;
. Window casings and lintels.
#35
#33
b14
ATTACHMENT NO. 28
SUBJECT SITE
35 CENTRE STREET
(BOWMANVILLE)
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01)
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PUBLIC NOTICE
NOTICE OF INTENTION TO DESIGNATE
The Municipality of Clarington intends to designate the land and premises at 33 and 35 Centre Street,
Bowmanville as historical structures in accordance with the Ontario Heritage Act, 1974, R.S,O. 1990,
Chapter 0.18,
This pair of semi-detached Italianate homes, circa 1876, is one of the most unusual houses built in
Bowmanville as it has been constructed of solid, natural, limestone and clay cement. Architectural
elements, such as quoins, soldier courses and keystones have been etched in the cement and are still
visible. Some interior features of 33 Centre Street are also being recommended for designation.
Any person may, within thirty (30) days of the publication of this notice, send by Registered Mail or deliver
to the Municipal Clerk of the Municipality of Clarington, notice of his or her objection to the proposed
designation together with a statement of the reasons for the objection and all relevant facts. If such a
notice of objection is received, the Council of the Municipality of Clarington shall refer the matter to the
Conservation Review Board for a hearing.
Dated at the Municipality of Clarington this 30th day of December 1998.
Patti L. Barrie, A.M,C.T,
Municipal Clerk
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario L 1 C 3A6
Date of Publication:
December 30, 1998
IN THE MATTER OF THE ONTARIO HERITAGE ACT, 1974,
R.S.O. 1990, CHAPTER 0.18
AND IN THE MATTER OF THE LANDS AND PREMISES
KNOWN MUNICIPALLY AS 33 CENTRE STREET,
BOWMANVILLE, ONTARIO, NOW IN THE MUNICIPALITY OF CLARINGTON
NOTICE OF INTENTION TO DESIGNATE
TO: Mr. and Mrs. B. Higgins
33 Centre Street
Bowmanville, Ontario
L 1 C 2Y2
Take Notice that the Council of the Corporation of the Municipality of Clarington intends to
designate the property, including the lands and buildings, located at 33 Centre Street,
Bowmanville, now in the Municipality of Clarington, as a property of architectural and historical
value under Part IV of the Ontario Hdritage Act, 1974, R.S.O. 1990, Chapter 0.18.
REASONS FOR PROPOSED DESIGNATION
This unit of a semi-detached Italian ate home, circa 1876, is one of the most unusual houses built in
Bowmanville as it has been constructed of solid, natural, limestone and clay cement. Architectural
elements, such as quoins, soldier courses and keystones have been etched in the cement and are still
visible. The following exterior and interior features are recommended for designation under Part IV of the
Ontario Heritage Act:
Exterior:
- Poured cement construction with its architectural etchings
- Original eaves and decorative brackets
- Original front door
- Window casings and lintels
Interior:
- Plaster arch in foyer
- Medallions in living room and dining room
- Plaster cornice in living room and dining room
- Original wooden baseboards, window trims and door casings
- Tin ceiling and coves in the kitchen
Any person may, before the 29th day of January 1999 send by Registered Mail or deliver to the Municipal
Clerk of the Municipality of Clarington, notice of his or her objection to the proposed designation together
with a statement of the reasons for the objection and all relevant facts. When a notice of objection has
been received, the Council of the Municipality of Clarington will refer the matter to the Conservation Review
Board for a hearing and report.
Dated at the Municipality of Clarington this 30th day of December 1998.
Patti L. Barrie, A.M.C.T.
Municipal Clerk
-
',---
_eJari;"g";;n
ONTARIO
December 23, 1998
ReJ:istered Mail
The Ontario Heritage Foundation
77 Bloor Street West
Toronto, Ontario
M7 A 2R9
Gentlemen:
RE: NOTICE OF INTENTION TO DESIGNATE PROPERTY IN THE MUNICIPALITY OF
CLARINGTON AS BEING OF ARCHITECTURAL AND HISTORICAL VALUE
33 AND 35 CENTRE SRETT, BOWMANVlllE - OUR FILE: R01.CE
Enclosed are two "Notices of Intention to Designate" issued pursuant to the Ontario
Heritage Act, 1974.
The properties being designated are 33 and 35 Centre Street, Bowmanville.
If you have any comments with respect to the form of notice, or the format, please contact
me.
Yours truly,--
~
Vvcu
,Patti arrie .M.C.T.
'rvtliilicipal 6~rk
PLB/hj
enclosure
CORPORATION OF THE MUNICIPALITY OF CLAAlNGTON
40 TEMPERANCE STReET. BOWMANVILLE 'ONTARIO -ltC 3,.,6. {90S) 623.3319. FAX 623-.169
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