HomeMy WebLinkAboutPD-111-92
THE
DN: PROPERTY.GPA
OF THE TOWN OF NEWCASTLE
General Purpose and Administration Committee
Date:
Monday, May 4, 1992
File # i
Res. #~.;:? Ii. - 3.5S -1;0
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#: PD-lll~ File #:
PROPERTY STANDARD ENFORCEMENT
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-111-92 be received for information.
1. BACKGROUND:
1.1 On July 8, 1991, the General Purpose and Administration
Committee directed staff to examine the Property Standard
By-law relating to the Town's requirement from developers.
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and Administration Committee further requested the report be
brought forth as soon as possible.
2. ENFORCEMENT OF PROPERTY STANDARD BY-LAW:
2.1 The Town Property Standard By-law 82-63 stipulates that the
owner of any property shall, after receipt of due notice
(notice to comply from the Property Standard Officer), clear
the site of all non-conforming buildings, structures, debris
or refuse and leave the property in a graded and level
condition. The said by-law also stated that it shall be
enforced on a written complaint basis only.
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REPORT NO.: PD-111-92
PAGE 2
2.2 The Property Standard By-law is being enforced by the Town's
By-law Enforcement Officers. Although the by-law states
that it be enforced on a written complaint basis, the
officers do investigate verbal complaints. However,
priority is given to written complaints.
2.3 In plans of subdivision under construction, the Town's
standard subdivision agreement requires the
developer/builder to keep the construction site clean.
Generally speaking, most developers/builders are complying
with the terms of the agreement. In situations where there
are non-compliance, a notice to the developer/builder will
usually result in prompt corrective measures. In extreme
non-co-operative situation, the Town can mobilize its work
force to clean up the site and bill the developer/builder.
The Town can also seek legal remedies for breach of contract
although this latter option was not exercised in the past.
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construction sites condition is the joint responsibility of
the Public Works Department and the Planning and Development
Department and is enforced on a complaint basis.
3 . COMMENTS:
3.1 The present enforcement of property standard is considered
barely adequate. The geographical area of the Town is
immense (230 square miles) and there have been a lot of
development activities. The Town has only two (2) By-law
Enforcement Officers who have to enforce approximately
thirty (30) by-laws plus performing other duties such as
reviewing and updating by-laws and supervising parking
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REPORT NO.: PD-111-92
PAGE .3
enforcement and animal control. As a result of the limited
staff resources, the officers can only deal with enforcement
on a complaint basis. In addition, complaints cannot always
be handled expeditiously due to significant workload. For
example, there are currently 300 active files related to
various types of by-law infraction.
3.2 In subdivision development, occurrence of non-compliance
related to conditions of the construction site is uncommon.
When the odd situation arises, it is quickly dealt with
through co-operation of the developer/builder. The public
work and planning staff can cope with this type of
enforcement.
3.3 The ideal situation to address property standard is for the
officers to do regular patrol, to identify problem areas
and take follow-up actions. This cannot be done under the
current staff resources. If Council consider property
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it is respectfully suggested that the Town should hire at
least one more By-law Enforcement Officer.
Respectfully submitted,
cJ
Recommended for presentation
to the Committee
/sie3tiJ
Lawrence ~. ~otseff
Chief Admini~~rative
Officer
Franklin
Director of Planning
and Development
FW*jip
23 April 1992
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