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HomeMy WebLinkAboutCD-12-93 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT _ Meeting: General Purpose and Administration Committee File 0# L Date: Monday, July 19, 1993 R Of es. # By-Law# Report#: CD-12-93 File#: Subject: PROPERTY STANDARDS CLEAN-UP OF PROPERTY OF DAVID BROWN 5521 MAIN STREET, ORONO, ONTARIO, PLAN C.G. HANNING BLOCK 7, PART LOT 1 AND PART LOT 28, CON. 5, FORMER TOWNSHIP OF CLARKE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CD-12-93 be received; and 2 . THAT the Municipal Law Enforcement Officers be authorized to undertake all necessary actions to clean up and secure the property of David Brown; and 3 . THAT all costs associated with the clean-up be charged initially against contingency account number 7007-00000-0298 and subsequently levied against the property and to be collected in a like manner as taxes in accordance with The Municipal Act. 1. REPORT: 1. 1 In late December of 1991, an inspection of a burned down house and surrounding property was conducted at 5521 Main Street, Orono, Ontario, also known as Plan C.G. Hanning, Block 7, Part Lot 1 and Part Lot 28, Concession 5, former Township of Clarke. The inspection was carried out as a result of complaints the By-law Enforcement Division received re: house burned and not secured, waste material/miscellaneous debris scattered on site, and persons living in a camper trailer on the property. 1.2 On January 2, 1992, a registered letter was sent to Mr. David Brown, owner of the property, to bring the situation to his attention and also instructing him to remove all of the waste material from the property and to either cease using the trailer as a residence or review any options available to him with the Building Department re: building permit/letter of undertaking. 2 REPORT NO: CD-12-93 PAGE TWO 1. 3 On January 28, 1992 , staff conducted another inspection and spoke to Mr. Brown. He had done little, if anything, to improve the situation. He was instructed to attend the Building Department with his "plans" for the house and garage within the next week. It was also reiterated to him that the property had to be "cleaned" . 1.4 Mr. Brown attended the Building Division of the Planning and Development Department at the beginning of February. He reviewed all of his options with staff and was advised that his intentions would not comply with the provisions of the By-law. 1.5 On March 4, 1992, Property Standards Notices were issued to Mr. Brown for: - yard not kept clean and free from rubbish and debris and ashes, health, fire and accident hazards; - vehicles including a trailer, which are in a wrecked, dismantled or abandoned condition, parked/stored in yard; - abandoned building not protected against the risk of fire, accident or other danger; nor protected against the entrance of unauthorized persons thereto; - outside storage not maintained so as to prevent an unsafe or unsightly condition out of character with the surrounding environment. A letter accompanied these notices explaining the Property Standards process to Mr. Brown. It also reiterated that he had to cease using the trailer as a residence. 1. 6 Staff re-inspected the property on April 14, 1992 to check for compliance. No visible improvement had been made at this time. 1. 7 On April 28, 1992 , Property Standards Orders were issued to Mr. Brown ordering him to carry out the following work: any outside storage which will be remaining on the property must be maintained so as to prevent an unsafe or unsightly condition out of character with the surrounding environment; all rubbish and debris which is on the property must be removed from the property and taken to a licensed landfill site; extension cords must not be left "hooked up" and strewn across the property; i all vehicles on the property which are wrecked, dismantled, abandoned, shall not be left, parked or stored in the yard; REPORT NO: CD-12-93 PAGE THREE effectively seal any and all entry points of burned house, thereby protecting it against the risk of fire, accident or other danger, and the unauthorized entrance of persons thereto; OR demolish existing structure, remove resulting debris to a licensed landfill site, and ensure the area is level with surrounding grade. 1. 8 On June 4, 1992, the property was re-inspected by staff. The only visible work done was that some debris, (and very little at that) had been removed. As a result, four charges were initiated against Mr. Brown for failing to comply with each Property Standards Order. 1. 9 Mr. Brown's first court appearance was July 21, 1992 . On December 10, 1992 Mr. Brown pled guilty to all charges, was found guilty by the presiding Justice of the Peace and was fined $200. 00 for each charge. 1 . 10 On March 23, 1993, the property of Mr. Brown was again inspected. The terms of the Property Standards Orders were not met at this time. 1. 11 On July 12, 1993, another inspection was conducted. At this time it was noted that Mr. Brown had removed the derelict vehicles and some miscellaneous debris from the property. The house, though boarded in some areas, remained open to the elements and still posed a contravention of the Property Standards By-law. 1. 12 During this inspection Mr. Brown was present. He was informed that staff were preparing this report, seeking Council's authorization to have the necessary work carried out and assessed against his taxes . He has been advised that he has a right to appear as a delegation before Council in regard to this matter. 1 . 13 Mr. Brown continues to occupy the camper trailer on the property. Staff are presently reviewing the enforcement options with the Municipality's Solicitors in order to rectify this problem. Mr. Brown has been advised that staff are continuing to pursue this matter. 1. 14 It should be noted that staff intends to retain the services of a structural engineer to determine whether or not the existing foundation and first floor could sustain the weight of new construction. If it is determined that the structure has suffered irreparable damage from the fire and prolonged exposure to the elements, it would be staff's intention to have the building demolished. 4 �j (� � . . . REPORT NO: CD-12-93 PAGE FOUR 1. 15 The Planning Act R.S.O. 1990, Chap. P. 13, Section 31(7) pertains specifically to the information required on a Property Standards Order. Clause (b) states in part; "if such repair or clearance is not so done within the time specified in the Order, the municipality may carry out the repair or clearance at the expense of the owner . . . . " . In view of the length of time that this situation has existed, and the owner's claim of lack of funds to undertake the necessary work, staff are requesting Council authorization to exercise this option. Respectfully submitted, Recommended for presentation to the Committee P ti L Barrie, A.M.C.T. Lawrence E. Ko eff, M.C. I .P. Town Clerk Chief Administrative Officer TM*PB*mh I 610