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HomeMy WebLinkAboutCD-53-98 '" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose & Administration Committee File # ' Date: October 19, 1998 Res. #69(1 - 503 - C;<6' Report No: CD-53-98 By-law # _ Subject: Delegation of Sam Gust RECOMMENDATIONS: It is respectively recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report CD 53-98 be received; and 2. THAT a copy of Report CD-53-98 be forwarded to Mr. Gust. BACKGROUND: At the September 14, 1998 meeting of Council, Mr. Sam Gust appeared as a delegation and spoke about his concerns over the actions of the By-law Enforcement Division in relation to his properties. Staff were directed to review his concerns and prepare a report for Committee's consideration. The absence of a written list of concerns makes it difficult for staff to know exactly what Mr. Gust was referring to at the time that he spoke to Council. Mr. Gust owns several properties within the Municipality. In the last nine years, eight separate investigations involving lands owned by Mr. Gust either in his own name or through Gust Holdings Inc. have been undertaken. Three of these were property standards, two fencing, one zoning and a noise matter. In each case Mr. Gust was given the opportunity to comply with the requirements of the respective By-laws. As each matter was resolved the file was closed. The By-law Enforcement Division operates strictly on a complaint basis. In each incident staff action was precipitated by a complaint involving some form of deficiency or non- compliance on the part of Mr. Gust. For example, one of the fence complaints required a Fence Viewing under the Line Fences Act in order to resolve it. It appears there was one matter in particular which prompted Mr. Gust's appearance before Council. Mr. Gust owns a vacant piece of industrial land on the east side of Simpson Avenue south of Baseline Road. In 1997 a Property Standards Notice under the Planning Act was sent to Mr. Gust advising him of the deficiencies and instructing him to remove all the derelict vehicles and waste material. IUl "" CD-53-98 - 2 - October 19, 1998 In August of this year, a Property Standards Order pursuant to the Municipality's new Property Standards By-law and the Building Code Act was issued against the property. This Order required compliance by September 30, 1998. To date the Order has not been complied with. It is the intention of staff to enforce the Order against the property and a report will be forthcoming dealing with this matter. Mr. Gust's presentation to Council may in fact have been his attempt to circumvent the requirements of the By-law and the Building Code Act. The Building Code Act provides a specific method and form of appeal from the Order. Section 15.3(1) states that an owner or occupant who has been served with an Order and who is not satisfied with the terms or conditions of the Order may appeal to the Property Standards Committee by sending Notice of Appeal by registered mail to the Secretary within fourteen days of service of the Order. The deadline for Mr. Gust to appeal to the Committee was September 18, 1998. This requirement for method and form of appeal is very clearly described in the Order. No appeal was received nor has there been any indication that he disagreed with the requirements of the Order. In the absence of any appeal, the Order is now deemed to be confirmed and enforceable. The only other issue currently under investigation involving Mr. Gust deals with a Zoning infraction on a piece of land at Baseline Road and Liberty Street. The land is being used to store a large construction type trailer. The owner, a numbered company of which Mr. Gust is one of the principles, has been instructed to remove the trailer and has failed to do so. That matter is currently before the courts. To the best of staff's recollection, Mr. Gust has never spoken to staff or responded directly to any of the complaints involving him. The two latest incidents have come to a head because of his failure to address these matters directly at the staff level. In the final analysis, Mr. Gust has been treated no differently from any other citizen of the Municipality. Staff's attention has only been drawn to Mr. Gust's properties as a result of public complaints. Respectfully submitted: Reviewed by: ~ .H. Stockwell /u - Chief Administrative Officer /u2