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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 # #: 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. .1..:2At.~.....its......fueetTfig ......held=6n......A.pri.r.....6c;.....=It;r9.;;F,.....~the......~efiera.r...purpOse 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. . . .2 7 J HECYCLED PAPER rtE~~lgEE THIS IS PRIIJTEDct~ RECYCLED PAPm 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. ~~~===2=...A=c-.=Tb.e=c=enLQr=c=eIUenj:=.._Qf==tb.e==sJlktd.iy.i.sJQn==agr=~=eIU.ent==r=eJ1a.r=di.ng~~== 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 . . .3 - (-~ 4 1....,,, >. . ) ~-' 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 standar.d==enfcor~ement=cas~=a==top==p.r-io;r..it.y==of~the=cmun-icipa1.-i.tY7~~~'c 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 /:' n s \.) \,) ,--",'