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HomeMy WebLinkAboutCD-62-98 .. . .... ~. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose & Administration Committee File #?o I ~e... Date: December 7, 1998 Res. #C.JP (:]- to 3.;), - rJ y' Report No: CD-62-98 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 62-98 be received; 2. THAT the Property Standards Officers be authorized to undertake all necessary action to clean up the property of Robert Kernohan located at 1 Cedarcrest Beach Road, Bowmanville, Ontario; 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; and 4. THAT Mr. Kernohan be advised of Council's actions. BACKGROUND: Staff have been dealing with a complaint concerning an abandoned building on the lot at 1 Cedarcrest Beach Road in Bowmanville. In late 1996 a prefabricated building was brought onto the property and since that time has been sitting on steel beams. The owner of the property was subsequently contacted and advised to secure the building with a perimeter fence while he went through the Building Permit Application process. By August of 1997, the building had been fenced however, no Building Permit had been applied for. In view of the length of time that the building had been there, it was now considered stored on site. As a result, a second letter was sent instructing Mr. Kernohan to either obtain a Building Permit or remove the building from the lot. In September Mr. Kernohan called the By-law office to state that he was in the process of getting a Building Permit and the problem would be resolved soon. I U 1 -, CD-62-98 - 2 - December 7, 1998 By the summer of 1998 the building was still on blocks. The structure has degenerated and there has been some vandalism done. Staff from the Building Department had not received a Building Permit application. On August 13, 1998 a Property Standards Order was issued against the property. The Order, (a copy of which is attached), required the building to be properly set on a foundation or removed from the property by September 15, 1998. The Order was sent by registered mail and was returned on September 2 unclaimed. Subsequent calls to Mr. Kernohan have gone unanswered. Staff have confirmed with the By-law Enforcement Division of the City of Owen Sound that the address shown on the Order is in fact Mr. Kernohan's current address. Section 27(1) of the Building Code Act states that an Order may be served by delivering it personally to the owner or by sending it by registered mail to the last known address of the owner. There is no requirement to prove that the owner actually picked up the Order from the Post Office. Service is deemed to have been made on the fifth day after the day of mailing. Section 15.4(1} of the Building Code Act states that where an Order of an Officer is not complied with in accordance with the Order, the Municipality may cause the property to be repaired or demolished accordingly. Since the owner has failed to take any action the Municipality is left with two choices if it wishes to see its Order obeyed. Either the Municipality can undertake to obtain the Building Permit, construct the foundation, attach the municipal services and place the building on the foundation or the Municipality can demolish the building and remove the debris from the property. Staff have elected to undertake the demolition work. With Council's approval, staff will be issuing a tender to have the building demolished. 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 with in the same manner as municipal real property taxes. Respectfully submitted: Reviewed by: uv~_w~ Franklin Wu Chief Administrative Officer LC/PB/mh lu2 Building Code Act . ,.1 (3) Effect of Appeal. If an appeal is made under this section in respect of a maner in which a question is pending before the Building Code Commission, the proceeding before the Commission is. terminated. (4) Powers of Judge. If an appeal is made under this section, the judge shall hold a hearing and may rescind or affirm the order or decision of the inspector or chief building official or take such action as the judge considers the inspector or chief building official ought to take in accordance with this Act and the regulations. and, for such purpose, may substitute his or her opinion for that of the inspector or chief building official. (5) Reference to Commission. A judge may refer a question respecting the interpretation of the technical requirements of the building code or the sufficiency of compliance with the technical requirements of the building code to the Building Code Commission for a hearing and report to the judge. (6) Procedure. The procedure on the reference shall be the same as on an application under section 24. (7) When Order Effective. Upon application without notice, a judge may order that the order or decision appealed from be not stayed pending the appeal but shall take - effect immediately on such terms as are just if, in his or her opinion, such action is necessary for public safety and would not make the appeal meaningless. 1992, c. 23, s. 25. 26.-(1) Further Appeal. A party to the hearing before the judge of the Ontario Court (General Division) under section 25 may appeal from the decision to the Divisional Court. (2) Minister Represented. The Minister is entitled to be heard, by counselor otherwise, upon the argument of an appeal under this section. (3) Powers of Court. An appeal under this section may be made on any question that is not a question of fact . alone and the court may, (a) confirm or alter the decision of the judge; (b) direct the inspector or chief building official to do any act he or she is authorized to do under this Act; (c) refer the.maner back to the judge for reconsideration; or (d) substitute its opinion for that of the inspector or chief building official or the judge. 1992, c. 23, s.26. 14 27.-(1) Service. A notice or order required by this Act to be served may be served personally or by registered mail sent to the last known address of the person to whom notice is to be given or to that person's agent for service. 1992, c. 23, s. 27(1). ( (2) Idem. If a notice or order is served by registered mail, the service shall be deemed to have been made on the fifth day after the day of mailing unless the person to whom the notice or order is given or that person' s agent for service establishes that, acting in good faith, through absence, accident, illness or other unintentional cause the notice was not received until a later date. 1992, c. 23, s 27(2); 1997, c. 24, s. 224(15). 28.-(1) Building Materials Evaluation Commission. The Building Materials Evaluation Commission is continued under the name Building Materials Evaluation Commission in English and Commission d'cvaluation des matcriaux de construction in French and shall be composed of those persons appointed by the Lieutenant Govemor in Council. (2) Chair. The Lieutenant Governor in Council may designate one of the members as chair and one of the members as vice-chair. ( (3) Remuneration. The members of the Commission shall receive such remuneration and expenses as the Lieutenant Governor in Council may determine. (4) Powers and Duties. The Building Materials Evaluation Commission may, (a) conduct or cause to be conducted research into and the examination of materials, techniques and building design for construction; (b) upon application therefor, authorize the use, subject to any conditions that may be set out, of any innovative material, system or building design in respect of the construction of buildings; and (c) make recommendations to the Minister respecting changes in this Act or the building code. (5) Innovative Materials. The use of any innovative material, system or building design in the manner approved by the Commission shall be deemed not to be a contravention of the building code. 1992, c.23, s. 28. 29.-(1) Rulings. The Minister may. subject to such conditions as the Minister in his or her discretion considers appropriate, make rulings, (a) approving the use of innovative materials, systems " '.J J .I 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.O. 1992 c.23 ISSUED TO: MUNICIPAL ADDRESS: Robert Kernohan P.O. Box 40 Leith, Ontario NOH1VO 1 Cedar Crest Beach Road, Bowmanville Lot 1, Plan 659, Lot 13, B.F.C. former Township of Darlington now Municipality of Clarington AND TO: 1010013 Ontario Ltd. INSTRUMENT NO. D459655 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 SEPTEMBER 15,1998 USING SUITABLE AND SUFFICIENT MATERIALS AND IN A 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, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6, on or before September 4, 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: V97/106 ISSUED ON: August 13,1998 SERVED BY REGISTERED MAIL ON: August 13, 1998 ~~/?~ Leonard(Creamer, C.P.S.O. ;l1-~--Y' ~~~ Witness ! ',I 6 THE CORPORATION OF THE MUNICIPAUTY OF CLARINGTON BY-LAW ENFORCEMENT DIVISION PROPERTY STANDARDS BY-LAW 98-123 SCHEDULE 'A' FILE NO. V97/106 SECTION NON-CONFORMITIES 1. 2.02(4) Property not kept clean and free from dilapidated, collapsed or partially constructed structures. REMEDY Building which is currently stored on site must be removed or properly set on a foundation. 2. 2.03(4) Yard not maintained so as to prevent an unsightly appearance. REMEDY Long grass to be cut and yard maintained. 3. 4.04 Vacant building not boarded up to secure against trespass. REMEDY Building which is currently stored on site must be removed or properly set on a foundation and secured against trespass. 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 HOUDAYS. ! 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 persons 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 8 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) As.peal 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) Confirmation of Order. An order that is not appealed within the time referred to in subsection (1) 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. c (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 final and binding upon the owner and occupant who shall carry out the repair or demolition within the time and in the manner I u 3 , Building Code Act specified in the order. 15.4-(1) Power of ",unlclpality. Ifanorderofan 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 Term 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. The 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 I \.) 4