HomeMy WebLinkAboutPD-237-88 REPORT #4
TOWN OF NEWCASTLE
N� ', Lim REPORT File #
Res.
By-Law #
MEETING: COUNCIL
DATE: Monday, November 7, 1988
REPORT #: PD-237-88 FILE #: 10.12.24
SUBJECT: ELDRIDGE PROPERTY - Lot 33, Concession 3,
Tooley's Road, Darlington Twp.
RECOMMENDATIONS:
It is respectfully recommended that Council approve the following:
(1) THAT the tendering procedure set out in the Purchasing By-law #82-92, Section 5,
Paragraph 04, be waived due to the urgency of this matter; and,
(2) THAT Browning Ferris Industries be instructed to carry out the work forthwith; and,
(3) THAT any and all costs associated with the work be assessed against the subject
property and collected in a like manner as taxes.
BACKGROUND AND COMMENT:
The owner of the property in question, Roy Alton Eldridge, was personally served with
an Order, issued under authority of Section 31(7) of The Planning Act, on Saturday,
September 24, 1988. The Order stated that Mr. Eldridge had 30 days to comply with the
contents of the Order which involved the demolition of an accessory building (garage) ,
as well as the removal of several vehicles in a wrecked and dismantled condition.
The Order further stated:
(1) Mr. Eldridge could appeal the Order on or before Monday, October 17, 1988.
(2) If compliance with the Order was not met within 30 days, the Corporation had
the right to carry out the necessary repairs at the expense of the property
owner.
2/
Council (cont'd) . . - 2 - November 7, 1988
As expected, Mr. Eldridge made no attempt to bring the property into compliance, nor did
he file a Notice of Appeal. As a result, the Order was deemed confirmed on Monday,
October 24, 1988.
Section 31(19) of The Planning Act states that:
"An Order, deemed to have been confirmed, shall be final and binding upon the
property owner, who shall make the repair or effect the demolition within the
time and in the manner specified in the Order. "
Section 31(20) further states:
"If the owner or occupant of property fails to demolish the property or to repair
in accordance with an Order as confirmed or modified, the Corporation in addition
to all other remedies,
(a) shall have the right 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; and
(b) shall not be liable to compensate such owner, occupant or any other person
having an interest in the property by reason of anything done by or on
behalf of the Corporation. "
Based on the foregoing and with respect to the present danger as represented by the
accessory building in question, it is respectfully recommended that the tendering by-law
be waived and that Browning Ferris Industries be instructed to carry out the work as
specified, thus terminating the danger and the unsightly condition of the property as
a whole.
The sum of $25,000.00 as quoted by the contractor is available in account #2900-00011-x,
garbage equipment reserve; this amount would eventually be recouped pursuant to the
provisions of Section 325 of The Municipal Act.
Included herewith is a copy of correspondence received from a Mrs. Collacott, whose
property abutts that of Eldridge, wherein she expresses her concern over the situation
as presently exists.
Respectful submitted, Recommended for presentation to Council
-- -- ------------------------- - - -----------------------------
Brian Irwin, rBy-law Enforcement Officer ence otseff, C.A.O.
Franklin Wu, M.C.I.P. ,
Director of Planning and Development
-----------------------------
,�/t.R. Blanchard, Treasurer
BPI:df
Encl..
Group 12, Pax 54,
R. R. # 3,
Bowmanvillo, Ontario.
L1C 3K4
Town of Newcastle,
40 Temperance Stree,
Bowrnanvi l l e, Ontario.
At W: By-Law Enforce-nent Officer
Dear Sir:
Re: Elridge Property- Tooley's Road
May this confirm our telephone conversation of today's date wherein you
stated that Mr. Elridge was personally served with a court order which becomes
binding on him on October 24, 1988 and wherein you stated that if the property
is not cleaned up of its vehicles and garage(?) the Town would take responsibility
to remove same on October 24, 1988.
I also wish to confirm that I once again expressed my concern of personal
property damage to our home and/or personal safety as a result of the leaning
structure/garage(?).
Yours very truly,
Danuta B. Collacott.
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