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HomeMy WebLinkAbout2024-01-31 Property Standards Appeal MinutesClarftwn This information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Property Standards Committee Minutes Minutes January 31, 2024, 6:00 p.m. 40 Temperance Street, Bowmanville Date: January 31, 2024 Time: 6:OOpm Place: Clarington Council Chambers Present: Devon Daniell —Appellant. Committee members: Dave Eastman, Shelley Pohjola, Mike McCarthy, Marvin Whidden, and John Bate. Staff Present: Natalie King, Paula DiRienzo, Nicole Neadles, Joanne Wiseman, Michelle Chambers, Kristina Bergeron. 1. Call to Order Joanne Wiseman, Committee Secretary called the meeting to order at 6:00 p.m. 2. Land Acknowledgement Statement Joanne Wiseman led the meeting in the Land Acknowledgement Statement. 3. Declaration of Interest None 4. Selection of the Committee Chair and Vice Chair Joanne Wiseman, Secretary called the election of the Chair and Vice Chair to order, Shelly Pohjola nominated Dave Eastman for Committee Chair; Dave Eastman accepted the nomination. The nomination was then put to a vote and carried. Dave Eastman nominated Shelley Pohjola for Vice Committee Chair; Shelley Pohjola accepted the nomination. The nomination was them put to a vote and carried. Clarington Property Standards Appeal January 31, 2024 5. Adoption of Minutes Moved by Marvin Whidden seconded by John Bate. That the minutes of the meeting of March 9th, 2023, be approved. Carried 6. Appeal Number PSA 2024-01-2023-01849 a. 90 Port Darlington Road, Bowmanville, PIN 266450171 — File number MCMP- 2023-01849. Joanne Wiseman, Secretary, identified the Appeal. Chair, Dave Eastman, called Devon Daniells to the podium and asked Officer King if there were preliminary issues the Committee should be aware of. Officer King responded, stating they have synopsis of what occurred. Officer King then provided a detailed explanation behind the original order and that they took carriage of the property standards concern on August 25th, 2023, with the original complaint received by our officer June 2023. September 28th, 2023, CLOCA was contacted, and Officer King provided background details of the investigation. It was noted that after the investigation that winter was the best time to have work done as ice can assist in repair. CLOCA and a dredging contractor who completed similar work both provided realistic timelines and noted that work to be done would only take a few weeks. Officer King explained that a compliance date was given in order; March 2nd, 2024. Shelley Pohjola asked Officer King, if when appeal was received, was there an alternative remedy and have there been alternative remedies proposed by the Appellant. Officer King responded, no, there had only been conversation that took place the day before the appeal, January 30th, 2024. Dave Eastman asked Devon Daniell if there has been compliance from past (roughly two to three years ago) property standards appeal. Devon Daniell responded, yes to this question. Kristina Bergeron provided an email from the complainant forwarded to Kristina on June 15th, 2023, and explained they were unable to provide emails between Ducan Anderson and Devon Daniell. Dave Eastman opened floor for Devon Daniell to explain reasoning for appeal and to provide alternative solution of orders given by Officer King. Devon Daniell explained there was communication with previous Municipal Law Enforcement Manager, Duncan Anderson, where they agreed upon dock three needing to be repaired and stated that they performed work needing to be done in August 2023. Clarington Property Standards Appeal January 31, 2024 Devon Daniell provided photographs to distinguish between docks one, two, and three, and to show the status of these docks. Devon Daniell requested the following alternative solutions and provided photos to support reasoning: 1. Remove or replace on order one; repair or replace with repair, replace, or remove. Extending the timeline as water levels need to rise for dock number one. 2. Remove Dock three from order as work was completed and there is no concern with this dock. 3. Concrete walkway — to be removed as it is not necessary, cracks are to allow movement due to weather conditions, it is currently fenced off to public and staff on site. Devon Daniell explained that due to the water levels causing a delay, the work cannot be started on March 31 st and would be after July 1 st, 2024, if permit is required. Devon Daniell suggested the end of August would provide adequate time and requested the remedy date be changed to August 31, 2024. Officer King responded and asked how dock number one is completely sunken and how the dock could be salvaged. Devon Daniell explained that docks one and two have been in disrepair for six or seven years. Committee members asked the following questions to further assist in determining committee judgments and orders. Marvin Whidden asked if there were any concerns from residents of disrepair prior to order prior to the original complaint in 2023. Devon Daniell responded, there were no complaints from condo residents prior to this order from Officer King. Shelley Pohjola asked Staff if they agreed with the proposed changes for all three docks. Officer King inquired how the Devon Daniell came to the timeline and proposed completion dates. Devon Daniell restated timelines and how they came to these dates. Shelley Pohjola requested that section 2.17 (Concrete walkway) be deleted since it is not necessary. Devon Daniell does not believe they are in a state of disrepair, provided photos of one walkway from both directions. Clarington Property Standards Appeal January 31, 2024 Dave Eastman added that the photos provided from Officer King demonstrate otherwise and asked Devon Daniell to comment on the disrepair. Chair, Dave Eastman, noted that photos from Natalie King taken the day of the appeal, show disrepair and asked Devon Daniell if he was aware of walkway abruptly ending. Devon Daniell did not have photos, Shelley Pohjola provided Devon Daniell with photos to review. Officer King was able to provide new photographs taken January 31 st, 2024, showing where the walkway just abruptly ends causing a cause for concern. Devon Daniel suggests getting a structural engineer to evaluate the walkway. Dave Eastman inquired about access to walkway. Devon Daniell responds with how they are ensuring the public are not accessing this area which includes paid staff to enforce. Dave Eastman asked, what are future development plans for site. Devon Daniell responded, the plan is to redevelop with Clarington waterfront strategy, all docks would come out and they would stabilize shoreline, build a brand-new walkway/bike trail that connects to dog park and connects to splashpad. Dave Eastman asked, why not remove docks instead of repairing them if the marina is not in use. Devon Daniell explained they are not ready to completely remove the docks as it could hinder the ability to have use of them in the future due to regional policies surrounding taking them out, may not be able to rebuild dock or bike path to use in future. Marvin Whidden asked who put the red buoy in the water and when to indicate water level is low. Devon Daniell noted they were not aware Shelley Pohjola requested that Devon Daniell to repeat his requested changes. Devon Daniell will be proposing adjustments to the following: 1. 2/5 remedy A — Amend, remove, and replace with words, remove, repair, or replace. 2. Remedy B — Strike out "and 3". 3. 3/5 — same amendments to be made as Remedy B. 4. 4/5 — delete repair of concrete from order. Officer King suggested an expert be brought in to determine repairs required and deem if the concrete walkway is dangerous or any safety concerns. If not deemed to not be dangerous; remove from order. Chair, Dave Eastman inquiries if Appellant has reached out to the conservation authority. Clarington Property Standards Appeal January 31, 2024 Devon Daniell advised no they had not. Recess Moved by Marvin Whidden, seconded by Shelley Pohjola. That the Committee recess to consider the decision at 6:46 p.m. Carried The meeting was called back to order at 7:28 p.m. The Committee presented the following decision: The Committee confirms the Order issued on December 4, 2023, and grants an extension to comply to March 31 st, 2024, with the following modifications: Schedule "A", page 2 Remedy a) Replace the words "remove and replace" with "remove, repair, or replace." Schedule "A" page 3 Remedy a) Replace the words "remove and replace" with "remove, repair, or replace." Schedule "A" page 4, modify the remedy by adding the following: Supply the Municipality of Clarington, with an inspection report from a Professional Engineer, qualified in structural stability, assessing the condition of the concrete walkway abutting the east bank of the shoreline. Specifically, the report shall state; a) if the walkway is structurally sound and able to resist all loads that may reasonably be expected, b) if the walkway is deemed to be in "a good state of repair", and c) if the walkway creates a hazard. Devon Daniells was advised that if he was unsatisfied with the Committee's decision he has (14) days to appeal the decision of the Committee to the Superior Court located at 150 Bond Street East, Oshawa. The Secretary hands out a copy of the committee's decision to all parties. Clarington Property Standards Appeal January 31, 2024 7. Appeal Number PSA 2024-02-2023-04166 a. 2020 Lambs, Road Bowmanville, PIN 266501005 Joanne Wiseman, Secretary, identified the Appeal. Dave Eastman addressed Devon Daniell and inquired to the reasoning for the appeal. Devon Daniell stated that the Kaitlin Group should have no relation to the ownership. Officer King agreed to the amending of order in reference to property owner information. Officer King noted to conversation with Devon Daniell regarding amending the agreement replacing the word "lid" and replace with "close" and they will seal the opening with concrete and have an expert report confirming the safety and ensuring no public access. Officer King wants to ensure a secure and safe location, based on the approval of the Municipality for the completion of closing both manholes. Officer King was unable to come to an agreement with Devon Daniell regarding suggested amendments to roof repairs and requested input from the Committee for appropriate wording. Officer King provided an overview of the issues with the property. Officer King highlighted the information regarding the emergency order, where a contractor was brought remedy the safety concern. This was done by temporarily covering a manhole and placing a security fence around the manhole until permanent solution could be determined. Officer King reattended the site on October 13t", 2023, to inspect manhole and state of buildings. A Kaitlyn employee working at the property advised Officer King that the fence had taken down and boulders had been placed to cover the manhole openings. During reinspection, photographs were taken, and it was determined that the manholes need to be capped off and the roofs to be repaired on buildings three and five. Officer King stated that this was not done in accordance with the Order. Officer King noted that the Order was issued on December 4t", 2023, by registered mail and email, with a compliance date of January 6t", 2024, and the Order was appealed on December 22, 2023. Shelley Pohjola asked Officer King if there has been any communication of the possible remedy from the appellant. Officer King stated no, not until this evening. The Chair opened floor to Devon Daniells to explain reasoning for appeal and to provide an alternative solution of Orders issued by Officer King. Clarington Property Standards Appeal January 31, 2024 Devon Daniell provided photographs of boulders placed in manholes and explained they have been trying to keep up with the constant disrepair of the property and buildings. Devon provided background on the relationship and understanding with the Municipality with respect to the redevelopment of the property and buildings. Devon Daniell requested the following alternative solutions: 1. Altering wording in order— remove "lid" on page 2 of 3 and replace with "close". 2. Requested rewording as a truck will pour concrete, for a long-term fix. 3. Amending certain items in C; To be covered in concrete from a structural engineer — based on municipality conclusion. 4. Change in the wording — roof repair wording 3 of 3 - part C, take out "all" and replace with "accessible holes". Also, to add all buildings not just three and five in order. a. "Repair and cover all accessible holes in the roof of the buildings." Devon Daniell added that weather and elements continue to deteriorate the buildings further. Devon Daniell noted the Ontario Land Tribunal Case, and it was determined that it was not relevant to this appeal. Dave Eastman asked if buildings three and five are these the only two buildings still standing. Devon Daniell explained there are six buildings, and one has already been acquired by the Municipality of Clarington in addition to two acres of land. Dave Eastman asked is these are open holes are new or existing from previous Property Standards Order. Devon Daniell advised that they were new. Shelley Pohjola requested a map indicating each building based on numbers one to six. Devon Daniell displayed a photo and provided an overview of the locations. Dave Eastman asked why the other buildings were not included. Officer King explained that the other buildings have flat roofs and buildings three and five are visible from the ground. Officer King noted the wording of the order should not be altered as the materials are required to remedy the property standards issue. Devon Daniell explained the request to change wording as the roofs do not have structural integrity and does not want to put anyone in risk. Shelley Pohjola asked if it is possible to repair the holes and if there is a liability issue if someone were to access them. Dave Eastman confirms with Officer King that the wording in the original order will not be altered. Clarington Property Standards Appeal January 31, 2024 Officer King agreed with Dave Eastman. Kristina Bergeron cautioned the Committee when adding additional remedies as it is not something within the authority of the Committee. Recess Moved by Marvin Whidden, seconded by Shelley Pohjola. That the Committee recess to consider the decision at 6:46 p.m. Carried The meeting was called back to order at 8:03 p.m. The Committee presented the following decision: The Committee confirms the Order issued on December 4, 2023, and grants an extension to comply to March 1st, 2024. Schedule "A" page 2 replacing the entire remedy with the following: "Close manholes in a manner satisfactory to the Municipality of Clarington." Schedule "A" page 3 Remedy c) replace the words "with shingles" with the words "in a manner acceptable to the Municipality of Clarington." Devon Daniells was advised that if he was unsatisfied with the Committee's decision he has (14) days to appeal the decision of the Committee to the Superior Court located at 150 Bond Street East, Oshawa. The Secretary handed out a copy of the committee's decision to all parties and will provide and email copy to Devon Daniell's. 8. Adjournment Moved by Marvin Whidden, seconded by Shelley Pohjola. That the meeting adjourned at 8:23 p.m. Carried