HomeMy WebLinkAboutCD-44-85CORPORATION OF THE TOWN OF NEWCASTLE !, ~ ~ ~' 1 Cep
OFFICE OF THE TOWN CLERK
40 TEMPERANCE STREET TELEPHONE 623-3379
BOWMANVIL LE, ONTARIO
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Flle No._.b~~ o ~ ios
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REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
OF SEPTEMBER 16, 1985.
CD-44-85 - File: 60.40.105.
SUBJECT: EMERGENCY ACTION IN THE EVENT AN ABANDONED WELL IS
CONSIDERED DANGEROUS.
• RECOMMENDATION:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. That Report CD-44-85 be received for information.
BACKGROUND AND COMMENT:
Report CD-32-85 entitled "Municipal Authority for Protecting the Public
from Abandoned Wells" was considered by the General Purpose and Administration
Committee at the meeting of Tuesday, September 3rd 1985. The recommendation
"That the report be received for information" was amended by the
fallowing resolution:
Resolution #GPA-520-85
"That Staff consider and report on what immediate
action may be taken where danger is apparent
with respect to abandoned wells."
REPORT:
There is no statute which provides a municipal Council with the type of
emergency power envisaged by the resolution. The municipality can only
undertake activities which it is authorized to do by statute. However,
other agencies do have emergency powers under which specific actions
can be ordered.
Continued ...../2
CD-44-85 - 2 - September 16, 1985 U ~~ ~ `el
For example, the police have emergency powers and can do, or direct things
to be done where the safety of the public is in question. The Ministry
of the Environment can require specific actions to be carried out.
The Town of Newcastle has, pursuant to Section 36 of The Planning Act,
passed by-law 82-63 entitled "a by-law for prescribing standards for
occupancy of property within the Town of Newcastle." Section 5.1.4.
provides the Property Standards Officer with the necessary authority to
require the closing of abandoned wells in accordance with the regulations
for such closing passed pursuant to the Ontario Water Resources Act,
R.S.O. 1980. The Property Standards Officer must, however, proceed in a
very specific way:
• - Enforcement shall be on a written complaint
basis only;
- Following an investigation, the property owner
whose property does not meet the standards set
shall be given notice of non-compliance in
writing in the proper form;
- The owner of the property complained about, has
the right to appeal the order of the Property
Standards Officer; (such action can delay the
process of compliance pending a hearing by the
Property Standards Committee and any decision
• rendered by this Committee, can be appealed to
the County Court Judge.)
Only after all of these actions have been carried out can the municipality
undertake any activity to remedy the problem. What I am really saying,
is that there is no short-cut open to the municipality by which "immediate
action" can be taken to resolve a dangerous abandoned well problem.
Council cannot order Town employees to enter onto private property
without the express consent of the owner. Staff can, however, enter onto
private property for the purposes detailed in the Maintenance and Occupancy
By-law when a written complaint has been filed.
Continued ...../3
CD-44-85 - 3 - September 16, 1985
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s
CONCLUSION:
tit is my opinion, that where it appears that an abandoned well creates a
clear and present danger the only course of action available to Members
of Council or the public, would be to report the matter to the Durham
Regional Police or the Ministry of the Environment, or both. These
agencies have emergency powers and can act quickly to resolve a problem
where an abandoned well (in this case) presents a danger to the public.
The Property Standards Officer can act but he must only act in the manner
prescribed in By-law 82-63, which By-law provides him with specific
powers.
Accordingly, it is recommended that this report be received for information.
Respectfully submitted,
/ ~.
David W. Oakes, B.A., A.M.C.T.,
Town Clerk.
DWO/ms
September 10, 1985.