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
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