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HomeMy WebLinkAboutCLD-030-10 Staff Report# 1 CI�tI� OII REPORT CLERK'S DEPARTMENT Meeting: COUNCIL Date: October 4, 2010 Resolution#: e-411a-10 By-law#: N/A Report#: CLD-030-10 File#: Subject: FEES FOR LOT MAINTENANCE RECOMMENDATIONS: It is respectfully recommended that Council adopt the following: 1. THAT Report CLD-030-10 be received for information. Submitted by: Reviewed by: P AMO, r , uniclpal Clerk Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO,: CLD-030-10 PAGE 2 BACKGROUND At the regular meeting of the General Purpose and Administration Committee held on September 27, the Committee passed Resolution GPA- 495-10 regarding the fees charged to a property owner for the cleanup of their property, as follows: "THAT the delegation of Jason DiMalta, regarding an invoice for cutting of long grass and weeds, be referred to staff, and THAT staff report back to Council on October 4, 2010, on the details of the costs of Mr. DiMalta's invoice for cutting of long grass and weeds, to ensure that the invoice was in line with the Municipality's policies." Section 2 of the Lot Maintenance By-law 2003046 states that every owner or occupant of property within the Municipality must keep their property clean and clear of long grass and weeds. For the purposes of the by-law, "long grass" is defined as grass which exceeds 20 cm in height. OCCURRENCE On July 15, 2010, staff received a complaint about the condition of the property at 1414 Nash Road in Courtice. This is a vacant property which was boarded up in compliance with a Municipal Property Standards Order in 2006. The property has been vacant since that time. On July 19 the property was inspected and the grass was found to be over the permitted maximum height. At that time, a Notice was affixed to the front door of the house as is required in the by-law (see Attachment No. 1). A compliance deadline was set at July 23. On July 26 the property was re-inspected. There was no apparent work to bring the property into compliance. As part of the investigative process the officer took photos of the property at that time (see Attachment No. 2). The municipal contractor was called and asked to attend and cut the grass. RC Brown, who has been the successful bidder for the grass cutting contract for several years, attended the property on July 30 in order to clear it. REPORT NO.: CLD-030-10 PAGE 3 DETAILS OF INVOICE The invoice which the property owner received represents the direct costs incurred by the Municipality for the work done to bring the property into compliance. On the day of the cleanup, the grass measured approximately 40 cm in height with some of the weeds extending to over 90 cm. The lot is approximately 65 metres in depth and 22 metres wide. There are six large trees on the property which at that time had lost branches and limbs. The cleanup lasted from 10:00 am until 1:30 pm. The cleanup crew consisted of three people; total time on site was 3.5 hours, with 1.25 hours included for the float fee, thus the time reflected on the invoice is 11.75 hours (3 people x 3.5 hours + 1.25 hours). There were two vehicles with trailers on site which included a 4.4 cubic yard trailer for removing the resulting debris. The actual operation consisted of one employee clearing the lot with a riding bush-hog doing the initial out while a second person raked up the long grass and weeds. This left a rough, uneven appearance with patches of grass that had only been pushed down by the vehicles wheels and not cut. This would have sufficed for an open field but not for a yard in a residential neighbourhood. Once the grass and weeds were reduced to a manageable height the process was repeated with a gas powered push mower and that debris was raked up. In the meantime, the third person removed the fallen limbs and branches and used the weed-eater to trim the overgrown patio at the northeast corner of the house, the area around the house foundation and garden shrubs, the east side of the house adjacent to the neighbour's driveway and curbing and around the remaining stump of a tree in the front yard which stuck out of the ground approximately 12 cm. When the crew left the site, the 4.4 cubic yard trailer was full of grass, weeds, wood and general debris which was then taken to the land fill site and disposed of. It is Staff's opinion that the contractor operated in good faith and in compliance with the requirements of his contract. He has already been paid for his services. If any adjustment in the invoice is to be made, the Municipality will have to recover the costs incurred from municipal funds. Neighbouring property owners have indicated their satisfaction with the job done to clean the property and staff are of the opinion that the cost incurred is justified given the amount of work needed to clean up the lot. REPORT NO.: CLD-030-10 PAGE 4 COUNCIL'S OPTIONS At this point Council has two options. It is within their discretion to: 1. Cancel the Invoice in part or in its entirety; or 2. Confirm the Invoice and require the property owner to pay the outstanding amount. Attachment(s): Attachment 1 — Photos of notice affixed to front door Attachment 2 — Photos taken during investigation Interested parties to be advised of Council's decision: Jason DiMalta 1 � � a` i; q 7- p i 1:1 fr i Al r . c [: ' -•• 1 1 1 i r Sys �,r " ; fix.. 5Y uyv^/M..-,pyX� i { pW x Vr yk 6