HomeMy WebLinkAboutPD-309-89 TOWN OF NEWCASTLE
REPORT
File #
Res. #
-- �. By-Law #
MEETING: General Purpose and Administration Committee
DATE: November 20, 19 8 9
REPORT #: PD-309-89 FILE #:
SUBJECT: PROPERTY STANDARDS - CLEAN-UP OF PROPERTY OF MYKOLA URIADKA
PART LOT 29, CONCESSION 4, DARLINGTON
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-309-89 be received;
2 . THAT the By-law Department Enforcement Officers be authorized
to undertake all necessary actions to clean up the property
of Mykola Uriadka;
3 . THAT any expenditure related to the clean-up be in accordance
with Council adopted policies; and
4 . THAT all costs associated with the cleanup be charged
initially against Contingency Account #7007-0298 and
subsequently levied against the property and to be collected
in a like manner as taxes in accordance to the Municipal Act.
REPORT:
1. On 8 December 1986, By-law Enforcement received a written
complaint regarding the condition of the subject property.
An investigation ensued which culminated in a Property
Standards Order being issued against the property on 8 May
1987 .
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REPORT NO. : PD-309 -89 PAGE 2
2 . On 14 July 1987 Council approved Confidential Report CD-44-87
authorizing the cleanup of the property.
3. Finally on 14 April 1988 a cleanup was done by Newcastle
Salvage, the bill being $5,500 . 00. Mr. Uriadka was also
charged pursuant to the by-law for failing to comply with
the Order.
4 . On 23 May 1989 Mr. Uriadka's file was re-opened as a result
of renewed complaints . Inspections were conducted and the
following conditions were observed:
1) the yard had been allowed to become overgrown with grass
and weeds
2) the yard was strewn with rubbish and debris which included
old bricks, wood, tires, old appliances, metal scraps and
piping, etc.
3) derelict motor vehicles were stored on the property
5 . Mr. Uriadka was contacted by mail as well as spoken to
personally about the situation. Staff attended at
Mr.Uriadka's property and pointed out to him the specific
problems and he was given a deadline for cleaning up the
property.
6 . On 17 August 1989, after again inspecting the property and
finding little or nothing had been done, a Property Standards
Notice was sent to Mr. Uriadka listing again the specific
problem areas . The Notice was served on Mr. Uriadka by
registered mail and allowed him thirty days to comply or make
representation to the By-law Officer concerning this matter.
No work was carried out and this office was never
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REPORT NO. : PD- 309-89 PAGE 3
contacted. Pursuant to the requirements of Section 31( 7) of
The Planning Act RSO 1983, chapter 1, a Property Standards
Order was sent to Mr. Uriadka by registered mail on 25
September 1989 .
7 . The Order required the following:
1) rubbish and debris to be removed
2) grass and weeds to be cut
3) derelict vehicles to be removed
4) large liquid calcium tank in abandoned gravel pit to be
removed
8 . The Order specified that the work must be completed within
thirty days of service of the Order. An appeal deadline was
set at 10 October 1989 . The Order also advised Mr. Uriadka
that non-compliance could result in the Corporation carrying
out the clearance at the expense of the owner, as well as the
possibility of charges being laid pursuant to the by-law.
9 . On 6 October 1989 Mrs . Uriadka contacted the By-law Department
asking for a one week extension in order to finish clearing
the property.
10 . On 30 October 1989 an inspection was again conducted on the
property. The only noticeable work done was that the liquid
calcium tank had been removed. Photographs were again taken
of the property.
11. No appeal against the Order was made by Mr. Uriadka and
pursuant to section 31( 16) of The Planning Act it is therefore
deemed to be CONFIRMED. As such it is now subject to
enforcement.
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REPORT NO. : PD- 309-89 PAGE 4
12 . Among the enforcement options available upon confirmation of
an ORDER is the provision for the Corporation to "demolish or
repair the property accordingly and for this purpose with its
servants and agents from time to time to enter in and upon
the property. " This action may be carried out at the expense
of the owner.
13. In view of the owner's obvious reluctance to abide with either
this Order or a Prohibition Order issued by His Worship Owen
Lent, Justice of the Peace issued on 26 November 1987
(concerning the 1986 complaint) it is therefore requested that
the action recommended herein be approved and that the By-law
officers be authorized to undertake the cleanup of the
said property. Any costs associated therewith would be
initially charged against Contingency Account 7007-0298
and subsequently against the property and recovered in
a like manner as taxes .
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I.P. Lawrence�>,` Kotseff, M.C.I .P.
Director of Planning Chief AcOnistrative Officer
and Development
LC*FW*jip
6 November 1989
599 29
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