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Home My WebLink AboutCD-43-94 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT "PC) I .c b Meeting: Council File# ` �q ��A Date: Monday, October 24, 1994 Res. # a By-Law# Report#: _ CD-43-94 File #: Subject: PROPERTY CLEAN-UP OF PROPERTY OF MING SUN HOLDINGS INC. 1504 HIGHWAY NO. 2, COURTICE, ONT. PART LOT 33, CON. 2, FORMER TOWNSHIP OF DARLINGTON Beo°rnmen-rlois respectfully recommended to Council: 1. THAT Report CD-43-94 be received; 2 . THAT authorization be given to the Municipal Law Enforcement Officers to undertake all necessary actions to have the buildings on the property known as 1502 Highway No. 2, demolished and the property cleaned up. 3 . THAT all costs associated with the demolition and clean-up be initially charged against contingency account number 7007-00000-0298 and subsequently levied against the property and collected in a like manner as taxes in accordance with The Municipal Act. 1. REPORT: 1. 1 In June of 1992, the By-law Enforcement office received a complaint concerning the condition of the property at 1502 Highway No. 2 ( formerly known as the Oshawa Motel) . An inspection revealed there to be an improperly fenced pool containing water, buildings open to trespass and an overgrown lawn. 1.2 A letter was sent to the owner of the property, Ming Sun Holdings Inc . , informing them of the condition of the property and instructing them to empty the pool and lock the surrounding fence, lock and/or seal all openings in the buildings and to cut the lawn. 1. 3 A letter dated July 21, 1992, was received from Ming Sun Holdings indicating the requested work had been completed. An inspection by staff confirmed this . 1.4 In late September 1992, staff were made aware that the buildings were wide open once again. A call was made to Ming Sun Holdings, and subsequently the buildings were boarded up. RECYCLEC PAPER RECYCLE S IS PRILF[EDOft RECYCLED RAPER REPORT CD-43-94 - 2 - OCTOBER 24, 1994 1.5 At the beginning of September 1993 the By-law Enforcement Division began receiving more complaints regarding this property. Mainly, the buildings were all open and two storage sheds in behind the buildings had recently had fire. The property was inspected and the above was confirmed. 1.6 In November 1993, Property Standards Notices were issued on the property for several violations of the Municipality's By-law, the most serious contraventions being: - rubbish and debris on the property; - abandoned pool not emptied or properly fenced; - abandoned buildings open to trespass; - accessory buildings not in good repair. 1.7 A spokesperson for Ming Sun Holdings subsequently contacted the By-law office on December 10, 1993 and stated they would have someone clean up the property and secure all of the buildings. Inspections later revealed that some matters outlined in the Property Standards Notice were being dealt with, others were not. 1. 8 In April of 1994, another fire occurred on the property. A spokes- person for Ming Sun Holdings was contacted and staff were assured the buildings would be secured yet again. Further inspections revealed this was done. 1.9 On June 28, 1994, staff made an inspection of the site. The main buildings and accessory buildings were all open to trespass, a large pile of asphalt was on the property, the pool gate was broken down, the pool contained water; glass and debris from the building was scattered about and noxious weeds were noted in the overgrown yard. 1. 10 On July 12, the lot was ordered to be cut by the Regional Weed Inspector. The Regional Weed Inspector later informed staff of an open well on the property. 1. 11 Staff contacted a representative of Ming Sun and informed him of the well, the buildings being open to trespass, and of the fact that staff would be issuing a Property Standards Order on the property for demolition of the buildings as it was obvious Ming Sun Holdings Inc . had no use for the buildings and were unable to effectively seal the buildings . 1. 12 On July 20, staff met on site with a Mr. Richard Reid of West Com Property Management. He stated he acted as Property Manager for Ming Sun. Staff reviewed with Mr. Reid the action they wanted taken at this time. Mr. Reid was also informed that staff would be pursuing demolition of the buildings . Mr. Reid stated that the company was not in a financial position to have the buildings demolished. REPORT CD-43-94 - 3 - OCTOBER 24, 1994 1. 13 On July 29, 1993, a Property Standards Order was issued indicating the following work to be carried out: all rubbish and debris to be removed; abandoned pool to be drained and filled with suitable material; accessory buildings to be demolished. This work was to be completed on or prior to August 29, 1994 . 1. 14 A Property Standards Notice was also issued on July 29, indicating all buildings were to be demolished. This was to be completed on or before August 29, 1994 . 1. 15 On September 23, the property was again inspected. At this time some buildings were still open to trespass, rubbish and debris were still on site, the accessory buildings had not been demolished, the pool still contained water, had not been filled and was improperly fenced. 1. 16 On September 28, a Property Standards Order was issued for all buildings to be demolished. This Order came due on October 19 . 1. 17 On October 18, 1994, both Property Standards Orders were registered on title at the Registry Office. 1. 18 On October 18, 1994, staff were informed by the Fire Department that another fire had occurred on this property on October 17, 1994. 1. 19 On October 20, staff were advised by the Property Standards Committee Secretary that no appeals had been received pertaining to the Property Standards Orders issued for the property known as 1502 Highway No. 2, Courtice. Thus, pursuant to The Planning Act R.S.O. 1990 Chap. P. 13, Sec . 31( 16) the Orders are deemed to be confirmed. 1.20 An inspection by staff on October 20, 1994 revealed many of the buildings and rooms to be open, furnishings from the old motel appeared to have been dragged out of the buildings, the two accessory buildings remain and are open to trespass, the pool still contained water, glass and other debris (much from the actual buildings themselves) lays around the buildings, and the property in general. On this date, two youths were quick to leave the property upon the officer's arrival. 1.21 Though Ming Sun Holdings Inc. have been co-operative with staff to a certain extent in the past, it is obvious they do not have an ongoing concern or sentiment of responsibility for the maintenance of this property or for the safety concerns of the Municipality. It is obvious through their lack of action that they have no intentions of demolishing this property even when presented the facts concerning the fires and vandalism. REPORT CD-43-94 - 4 - OCTOBER 24, 1994 1.22 The Planning Act R.S.O. 1990, Chap. P. 13, Section 31(20) 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 Municipality in addition to all other remedies; (a) shall have the right to demolish or repair the property accordingly and for this purpose with its employees and agents from time to time to enter in and upon the property. " RECOMMENDATION: In view of the severity of the situation, the length of time the situation has existed, and the owner's apparent lack of concern, staff are requesting Council's authorization to exercise the option stated in The Planning Act R.S.O. 1990, Chap. P. 13, Section 31(20) . Respectfully submitted, Reviewed by, Pat L. rie, A.M.C.T. W.H. Stockwell °T wn Clerk Chief Administrative Officer TM*PB*MH i