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HomeMy WebLinkAboutCD-58-98 Addendum UNFINISHED BUSINESS THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: Counci I File # Date: January 25, 1999 Res. # Report No: ADDENDUM TO REPORT CD-58-98 Subject: By-law # _ Property Standards Order Enforcement RECOMMENDATIONS: It is respectfully recommended to Council: 1. THAT the Addendum to Report CD-58-98 be received, 2. THAT Report CD-58-98 be I ifted from the table, 3. THAT Report CD-58-98 be received, 4. THAT the Municipal Law Enforcement Officers be authorized to undertake all necessary action to clean up the property of Gust Holdings Inc., located on Simpson Avenue in Bowmanville; 5. THAT all costs associated with the clean-up be charged initially against account number 11 00-9-X and subsequently levied against the property, to be deemed to be municipal real property taxes and collected in the same manner and with the same priorities as municipal real property taxes; and 6. THAT Mr. Gust and his solicitor be advised of Council's decision. BACKGROUND: On November 9, 1998, Council considered a Report from the By-law Enforcement Division regarding a lot owned by Gust Holdings Inc. A copy of Report CD-58-98 is attached hereto as Schedule"A". Staff were seeking Council approval to enforce a Property Standards Order on the lot. The Order had required the clearing and removal of all waste material and debris as well as the removal of all derelict, abandoned, unplated and inoperative motor vehicles, vehicle parts and other related material. Council decided to give Mr. Gust an extension to allow him to clean up the property. The deadline was extended to January of this year. Addendum to Report CD-58-98 - 2 - January 25, 1999 On December 7, 1998, staff inspected the property. At that time a significant amount of the material had been removed. The vehicles at the east end of the lot were still in place along with the waste material on the ground. At that time it appeared that Mr. Gust would have no trouble meting the January deadline if he continued working at that pace. On January 18, 1999, staff once again inspected the property. The ground was covered by several centimetres of snow preventing staff from determining if all the waste material had been rmoved. The large vehicles and trailers remained on site. A large amount of waste material had been deposited in one open top trailer. RECOMMENDATION: As the Property Standards Order required the removal of these vehicles and trailers, staff recommend the approval of the original recommendation. It has now been eighteen months since Mr. Gust was first advised of the deficiencies on his property. Staff will issue a tender to have the work done. All costs associated with the Order will be invoiced against the registered owner and added to the Collector's Roll. Respectfully submitted: Reviewed by: cJr-~~~~ Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer LC/PB/mh INTERESTED PARTIES: Mr. Sam Gust 138 Queen Street Bowmanville, Ontario L 1 C 1 M9 Irwin A. Hamilton, Solicitor Hamilton & Mutton Barristers & Solicitors 1 Division Street P.O. Box 39 Bowmanvi lie, Ontario L 1 C 3 K8 , SCHEDULE "A" ,.' THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ., REPORT Meeting: General Purpose & Administration Committee File #~ l. :p~ Date: November 2, 1998 Res. # Report No: CD-58-98 By-law # _ Subject: Property Standards Order Enforcement RECOMMENDATIONS: It is respectively recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CD 58-98 be received; and 2. THAT the Municipal Law Enforcement Officers be authorized to undertake all necessary action to clean up the property of Gust Holdings Inc. located on Simpson Avenue in Bowmanville; and 3. THAT all costs associated with the cleanup be charged initially against account number 11 00-9-X and subsequently levied against the property, to be deemed to be municipal real property taxes and collected in the same manner and with the same priorities as municipal real property taxes. BACKGROUND: Staff have been dealing with a complaint concerning a vacant lot on the east side of Simpson Avenue south of Baseline Road in Bowm'anville. The lot is legally described as Parts of Blocks 17 and 18 and part of Smart Avenue, according to Smart Estate Plan, all of which is Part Lot 9, B.F.C. in the former Town of Newcastle, now Municipality of , Clarington, designated as Part 3 of Plan 1 OR-3189, Plan ,H-50073. This is a vacant piece of land within the Bowmanville industrial area directly south of Webco Steel. The lot is approximately 1.5 acres in area. When inspected, the officers found a very large collection of scrap metal, derelict motor vehicles, wpod, trailers, boats, construction equipment and other waste material. Some of the material appears to have been there for a long time. / '. . \ In 1997 a Property Standards Notice was sent to the registered owner, Gust Holdings Inc. with a mailing address of 138 Queen\Street, Bowmanville. This is the residence of Mr. Sam Gust. No response was received from the owner. 722 CD-58-98 -2- November 2, 1998 In June 1998 the province moved property standards enforcement from The Planning Act into The Building Code Act. At the same time certain changes were made to streamline enforcement. Among these changes were the removal of the requirement for a Property Standards Notice and the deClaration that all costs incurred by a Municipality to carry out , the requirements of a Property Standards Order would become municipal real property taxes. This allows for the amount to be collected in the same manner and with the same priority as municipal real property taxes. This change means that the general taxpayer does not have to bear the cost of enforcing a Property Standards Order. On July 13, 1998 the municipality adopted a new Property Standards By-I,aw incorporating these changes. On August 31, 1998 a Property Standards Order was sent by registered mail to the registered owner of the Simpson Avenue property, Gust Holdings Inc. The Order (Attachment #1) required two things: 1. all waste material had to be removed from the property; and 2. all derelict, abandoned, unplated and inoperative motor vehicles, vehicle parts and all other waste material had to be removed., The owner was given until September 30, 1998 to comply. The Order also stipulated that if the owner was not satisfied with the terms and conditions of the Order he could appeal to the Property Standards Committee. The deadline for appeal was set at September 18, 1998. Mr. Gust did appear before Council on September 14, to speak about several matters involving lands he owns, however he did not file an appeal. The Act gives the municipality several options to enforce the Order. It can: 1. simply register the Order on title atthe Land Registry Office; 2. lay charges against the owner for failing t~ comply with the Ord~r; 3. undertake the work and apply all costs against the municipal real property taxes, or; 4. any combination of the above. Staff have elected to undertake the work. This is a large area of land within the prime industrial area of the municipality. With Council's approval staff will be issuing a tender to have the work done. All costs associated with the Order will be recoverable from the property owner. Once the work has been completed all costs will be invoiced against the registered owner and added to the Collector's Roll. It will then be dealt within the same manner as municipal real property taxes. 1\ ' 723 CO-58-98 - 3- November 2, 1998 Attached, for Council's information, are the relevant sections of The Building Code Act (sections 15.2(2), 15.4(1) and 15.4(4)) and the Property Standards By-law (sections 4.01, 4.02 and 6.19). Respectfully submitted: LGPB/mh Reviewed by: .A. Marano Acting Chief Administrative Officer 724 Attachment itl - 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: GUST HOLDINGS INC. 138 QUEEN STREET BOWMANVILLE L 1C 1M9 MUNICIPAL ADDRESS: AND TO: BASELINE ROAD, BOWMANVILLE PART OF BLOCKS 17 AND 18 AND PART OF SMART AVENUE, ACCORDING TO SMART ESTATE PLAN, ALL OF WHICH IS PART OF LOT 9 B.F.C. IN THE FORMER TOWN OF BOWMANVILLE, FORMER TOWN OF NEWCASTLE NOW MUNICIPALITY OF CLARINGTON, DESIGANATED AS PART 3 PLAN 10R-3189, PLAN H-50073 INSTRUMENT NUMBER: 158615 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 REPAIRS DESCRIBED IN SCHEDULE "A", WHICH IS ATTACHED HERETO AND FORMS PART OF THIS ORDER, BE EFFECTED AT THE PROPERTY DESCRIBED HEREIN ON OR BEFORE 30 SEPTEMBER 1998, USING SUITABLE AND SUFFICIENT MATERIALS AND INA MANNER ACCEPTED AS GOOD WORKMANSHIP IN THE TRADES CONCERNED. 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 a Notice of Appeal to the Secretary, Property Standards Committee at 40 Temperance Street, Bowmanville, Ontario, L 1C 3A6, on or before, 18 SEPTEMBER 1998, 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: V96-0378 ISSUED ON: SERVED BY REGISTERED MAIL ON: 31 AUGUST, 1998 31 AUGUST, 1998 ~P.s.o~ ~~~ Witness IL5 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW ENFORCEMENT DIVISION PROPERTY STANDARDS BY-LAW 98-123 SCHEDULE "A" FILE NO. V96-378 Section Non-conformities VACANT LAND 1. 4.01(1) Land not kept clean and free from rubbish, debris and ashes, health, fire and accident hazards. REMEDY All waste material to be removed from the property. 2. 4.01 (2). Land not kept clean and free from wrecked dismantled, discarded, inoperative abandoned machinery vehicles trailers, boats, and their component parts. REMEDY All derelict, abandoned, unplated and inoperative motor vehicles, vehicle parts and all other waste material to be removed from property. NOTE: A BUILDING PERMIT, DEMOLITION PERMIT OR A PLUMBING PERMIT MAY BE REQUIRED PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, DEMOLITION, INSTALLATION, ALTERATION OR REMOVAL OF PLUMBING OR ANY OTHER MATERIAL ALTERATION TO A BUILDING OR STRUCTURE. FOR FURTHER INFORMATION CONCERNING SUCH PERMITS CONTACT THE MUNICIPALITY OF CLARINGTON BUILDING DEPARTMENT AT (905) 623-3379 BETWEEN 8:30 a.m. AND 4:00 p.m. MONDAY THROUGH FRIDAY EXCEPT HOLIDAYS. li6 Building Code Act . , " " graded and levelled condition. (4) No DlstinctJon on, the Basis of Relationship. The authority to pass a by-law under subsection (3) does not include the authority to pass a by-law that sets out requirements, standards or prohibitions that have the effect of distinguishing between persons who are related and per~ons who are unrelated in respect of the occupancy or use of a property, including the occupancy or use as a single housekeeping unit. (5) Provision of No Effect. A provision in a by- law is of no effect to the extent that it contravenes the restrictions described in subsection (4). 15.2-(1) Inspection of Property Without Warrant. Where a by-law under section 15.1 is in effect, an officer may, upon producing proper identification, enter upon any property at any reasonable time without a warrant for the purpose of inspecting the property to determine, (a) whether the property conforms with the standards prescribed in the by-law; or (b) whether an order made under subsection (2) has been complied with. (2) An officer who finds that a property does not conform with any of the standards prescribed in a by-law passed under section 15.1 may make an order, (a) stating the municipal address or the legal description of such property; (b) giving reasonable particulars of the repairs to be made or stating that the site is to be cleared of all buildings, structures, debris or refuse and left in a graded and levelled condition; (c) indicating the time for complying with the terms and conditions of the order and giving notice that, if the repair or clearance is not carried out within that time, the municipality may carry out the repair or clearance at the owner's expense; and (d) indicating the final date for giving notice of appeal from the order. (3) Service and Posting of Order. The order shall be served on the owner of the property and such other persons affected by it as the officer determines and a copy of the order may be posted on the property. (4) Registration of Order. The order may be registered in the proper land registry office and, upon such registration, any person acquiring any interest in the land subsequent to the registration of the order shall be deemed to have been served with the order on the day on which the B order was served under subsection (3) and, when the requirements of the order have been satisfied, the clerk of the municipality shall forthwith register in the proper land registry office a certificate that such requirements have been satisfied, which shall operate as a discharge of the order. .{' , 15.3-(1) AJlpeal of Order. An owner or occupant who has been served with an order made under subsection 15.2(2) and who is not satisfied with the terms or conditions of the order may appeal to the committee by sending a notice of appeal by registered mail to the secretary of the committee within 14 days after being served the order. (2) Conflnnatlon of Order. . An order that is not appealed within the time referred to in subsection (l~ shall be deemed to be confirmed. (3) Powers of Committee on Appeal. If an appeal is taken, the committee shall hear the appeal and shall have all the powers and functions of the officer who made the order, and may, (a) confirm, modify or rescind the order to demolish or repair; (b) extend the time for complying with the order if, in the committee's opinion, the general intent and purpose of the by-law and of the official plan or policy statement are maintained. ((~ (4) Appeal to Ontario Court. The municipality in which the property is situate or any owner or occupant or person affected by a decision under subsection (3) may appeal to a judge of the Ontario Court (General Division) by notifying the clerk of the corporation in writing and by applying to the Ontario Court (General Division) for an appointment within 14 days after the sending of a copy of the decision. (5) Appointment. A judge of the Ontario Court (General Division) shall appoint, in writing, a time and place for the hearing of the appeal and may direct in the appointment the manner in which and upon whom the appointment is to be served. (6) Judge's Powers. On the appeal, the judge has the same powers and functions as the committee. (7) Effect of Decisions. An order that is deemed to be confirmed under subsection (2) or that is confirmed or modified by the committee under subsection (3) or a judge under subsection (6), as the case may be. shall be fmal and binding upon the owner and occupant who shall carry out the repair or demolition within the time and in the manner ( ! ~ 7' Building Code Act specified in the order. 15.4-(1) Power of ..,unlclpality. 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 a judge, the municipality may cause the property to be repaired or demolished accordingly. (2) Warrantless Entry. For the purpose of subsection (1), employees or agents of the municipality may enter the property at any reasonable time without a warrant in order to 'repair or demolish the property. (3) No Liability. Despite subsection 31 (2), a municipal corporation or a person acting on its behalf is not liable to compensate the owner, occupant or any other person by reason of anything done by or on behalf of the municipality in the reasonable exercise of its powers under subsection (1). (4) Municipal Lien. The municipality shall have a lien on the land for the amount spent on the repair or demolition under subsection (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 taxes. 15.5-( 1) Certificate of Compliance. An officer who, after inspecting a property, is of the opinion that the property is in compliance with the standards established in a by-law passed under section 15.1 may issue a certificate of compliance to the owner. (2) Request for Certificate. An officer shall issue a certificate to an owner who requests one and who pays the fee set by the council of the municipality in which the property is located. (3) Fee for Certificate. A council of a municipality may set a fee for the issuance of a certificate. 15.6-(1) Property Standards Committee, Membership and Tenn of OffIce. A by-law passed under section 15.1 shall provide for the establishment of a committee composed of such persons, not fewer than three, as the council considers advisable to hold office for such term and on such conditions as the by-law may establish. (2) Filling of Vacancies. The council of the municipality shall forthwith fill any vacancy that occurs in the membership of the committee. (3) Compensation. The members of the committee shall be paid such compensation as the council may provide. (4) Chair. The members shall elect a chair from among themselves; when the chair is absent through illness or otherwise, the committee may appoint another member as acting chair. (5) Quorum. A majority of the members constitutes a quorum for transacting the committee's business. (6) Secretary. The members hall provide for a secretary for the committee. (7) Duty of Secretary. 'IJle secretary shall keep on the file records of all official business of the committee, including records of all applications and minutes of all decisions respecting those applications, and section 74 of the Municipal Act applies with necessary modifications to the minutes and records. (8) Rules of Procedure and Oaths. The committee may, subject to subsection (9), adopt 'its own rules of procedure and any member may administer oaths. (9) Where Committee Required to Give Notice. The committee shall give notice or direct that notice be given of the hearing of an appeal to such person as the committee considers advisable. 15.7.-(1) Emergency Order. If upon inspection of a property the officer is satisfied that there is non-conformity , _ with the standards in a by-law passed under section 15.1 to such extent as to pose an immediate danger to the health or safety of any person, the officer may make an order containing particulars of the non-conformity and requiring remedial repairs or other work to be carried out immediately to terminate the danger. (2) Service. The order shall be served on the owner of the property and such other persons affected thereby as the officer determines and a copy shall be posted on the property. (3) Emergency Powers. After making an order under subsection (1), the officer may, either before or after the order is served, take any measures necessary to terminate the danger and, for this purpose, the municipally may, through its employees and agents, at any time enter the property in respect of which the order was made without a warrant. 9 liS (b) floors and walls shall be constructed so as to be damp proof and impervious to water leakage; (c) each habitable room shall be separated from the fuel fired heating unit or other similarly hazardous equipment by a suitable fire separation and approved under the Ontario Building Code; (d) access to each habitable room shall be gained without passage through a furnace room, boiler room, or storage room. PART IV VACANT LANDS AND BUILDINGS VACANT LAND 4.01 All vacant land shall he kept clean and free from: (1) rubbish or debris and objects or conditions that might create a health, fire, or accident hazard; (2) wrecked, dismantled, discarded, inoperative or abandoned machinery, vehicles, trailers, boats and/or their component parts unless it is necessary for the operation of a business enterprise lawfully situated on the property; (3) long grass, brush, undergrowth and overgrown trees, which may cause a hazard; (4) dilapidated, collapsed or partially constructed structures; (5) injurious insects, termites, rodents, vermin or other pests; and (6) dead, decayed or damaged trees or other natural growth. 4.02 Vacant land shall be graded, filled or otherwise drained so as to prevent recurrent ponding of water. VACANT BUILDINGS 4.03 Vacant buildings shall be kept cleared of all garbage, rubbish and debris and shall have all water, electrical and gas services turned off except for those services that are required for the security and maintenance of the property. 4.04 The owner or agent of a vacant building shall board up the building to the satisfaction of the Property Standards Officer by covering all openings through which entry may be obtained with at least 12.7 mm (0.5 inch) weatherproof sheet plywood painted a colour compatible with the surrounding walls and securely fastened. I:! /t..9 . 6.15 Upon receipt of the Notice of Appeal the Secretary shall determine a date, time and place for the hearing of the Appeal which shall take place not less than seven days and not more than thirty days from the date of receipt of the aforementioned Notice of Appeal and shall give notice of the date, time and place of the appeal to the Applicant, the Committee members and the Officer. 6.16 Where an Appeal has been taken, the Committee shall hear the Appeal and shall have all the authority and functions of the Officer and may confirm, modify, or rescind the Order, or may extend the time period for compliance provided that, in the opinion of the Committee, the general intent of the By-law and of the Official Plan or policy statement are maintained. APPEAL TO ONTARIO COURT 6.17 The Municipality or any owner or occupant or other person affected by a decision of the Committee may appeal to a judge of the Ontario Court (General Division) by notifying. the Clerk of the Corporation in writing and by applying to the Ontario Court (General Division) for an appointment within fourteen days after1he sending of a copy of the Decision. 6.18 A judge of the Ontario Court (General Division) shall appoint, in writing, a time and place for the hearing of the appeal and may direct in the appointment the manner in which and upon whom the appointment is to be served. On the appeal, the judge has the same powers and functions as the Committee. ( PENAL TY 6.19 Every owner or occupant of property shall comply with a Property Standards Order as confirmed or modified. Should the owner or occupant fail to demolish or repair the property in accordance with an Order as confirmed or modified, the municipality in addition to other remedies, (a) shall have the right to demolish or repair the property accordingly and for this purpose with its servants and agents from time to time to enter in and upon the property; and (b) shall not be liable to compensate such owner, occupant or another person having interest in the property by reason of anything done by or on behalf of the municipality under the provisions of this article; (c) may cause a prosecution to be brought against any person who is in breach of such an Order and upon conviction such person shall forfeit and pay at the discretion of the convicting Provincial Judge or Justice of the Peace acting within his/her territorial jurisdiction, a penalty in accordance with the provisions of section 36 of the Building Code Act, SO. 1992, c.23. VALIDITY 6.20 If an article of this by-law is for any reason held to be invalid, the remaining articles shall remain in effect until repealed. 16 /30