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HomeMy WebLinkAboutCD-20-95 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administrative Committee File # -?(-) Date: Monday, July 10, 1995 Res. #-L',12 L�' _)2 b _�' Report #: CD-20-95 File #: By-law # Subject: PROPERTY STANDARDS CLEAN UP OF PROPERTY OF DAVID BROWN 5521 MAIN STREET, ORONO, PART LOT 1. BLK. 7, HANNING PLAN AND PART LOT 28, CON. 5, FORMER TOWNSHIP OF CLARKE Recommendations: It is respectfully recommended that the General Purpose and Administrative Committee recommend to Council the following: 1. THAT Report CD-20-95 be received; and 2 . THAT the Municipal Law Enforcement Officers be authorized to undertake all necessary action 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. BACKGROUND: Attached is a copy of report CD-12-93 and a copy of Resolution #GPA-448-93, which staff reviewed with the Municipality's solicitor. The solicitor recommended that the Municipality not proceed with the demolition of the house due to what could be construed as ambiguous wording in the Property Standards Order. It was suggested that the Municipality could secure the property/building and recoup the cost of such work with little possibility of Mr. Brown arguing or complaining that the costs were excessive. This would have alleviated the situation on Mr. Brown's property temporarily, but was not the preferred solution to staff. As a result, staff initiated the Property Standards process again; re-issuing a Property Standards Notice and subsequently an order on the subject property. A recent inspection of the property by staff has shown it to remain in contravention of the Property Standards By-law. The yard has not been cleared of all rubbish or debris, the burned house and south-east accessory building have not been demolished, nor has the north-west accessory building been effectively sealed. 2 601 . . . REPORT CD-20-95 PAGE TWO RECOMMENDATIONS: In view of the fact that Mr. David Thomas Pringle Brown has not contacted staff regarding this matter, nor has he made any attempt to bring his property into compliance with the Municipality's Property Standards By-law, staff are requesting Council authorization to undertake the necessary work to bring the property into compliance. The Planning Act R.S.O. 1990, Chap. P. 13, Section 31 specifically outlines the policy, procedure, authority and powers concerning the enforcement of Property Standards By-laws. Section 31(20) gives the Municipality "the right to demolish or repair the property" in accordance with the Property Standards Order which has been confirmed. Staff are requesting authorization to exercise this option. Respectfully submitted, Reviewed by, L/I A-L � at �- ff�_alrrxfe, A.M.C.T. W.H. Stockwell o Chief Administrative Officer TM*PB*mh 602 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File# %L 1319 e P Date: Monday, July 19, 1993 Res. # C. - - °13 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. ti 6 � 603 . . .2 P pCAYCEEO®EA PIEN PEP CYCLE rHS s vawrEO ors aECVC�o vAV� 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; all vehicles on the property which are wrecked, dismantled, abandoned, shall not be left, parked or stored in the yard; 6 4 . . .3 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. 605 609 . . .4 i 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 ' *tiL ri e, A.M.C.T. Lawrence E. Ro eff, M.C. I .P. Town Clerk Chief Administrative Officer TM*PB*mh THE CORPORATION OF THE MUNICIPALITY'OF CLARINGTON BY-LAW ENFORCEMENT DIVISION ORDER PURSUANT TO SECTION 31(7) OF THE PLANNING ACT 1990 Issued To: Municipal Address- David Thomas Pringle Brown 5521 Main Street 5521 Main Street,Box 443 Orono, Ont. ORONO, Ont. LOB IMO Legal Description Part Lot 1, Block 7 OWNER: Hanning Plan &Part Lot 28 Con. 5, formerly Village of David Thomas Pringle Brown Orono,Township of Clarke Municipality of Clarington Instrument No. 141604 WHEREAS a Notice of Violation was sent to you as the owner or a person having a financial interest in the property by registered mail on MARCH 28, 1995 requiring you to make repairs to the property described above; AND WHEREAS you failed to remedy the defects set out in Schedule"A"which is attached hereto; IT IS HEREBY ORDERED THAT the repairs/work set out in Schedule "B" which is attached hereto and forms part of this Order,be carried out and the property brought to a condition of compliance with the standards prescribed by Property Standards By-law 82- 63 on or before MAY 31, 1995. IT IS FURTHER ORDERED THAT if the repairs or clearance of the site are not completed in accordance with any permits required by law within the time specified herein, the Corporation may carry out the repairs or clearance at the expense of the owner. YOU ARE HEREBY ADVISED THAT if you are not satisfied with the terms or conditions of this Order,you may appeal to the Property Standards Committee by sending a Notice of Appeal by registered mail to the Secretary, Property Standards Committee, 40 Temperance Street, Bowmanville, on or before MAY 24, 1995 stating your grounds for appeal. In the event that no appeal is taken within the above prescribed period,the Order shall be deemed to be confirmed and shall be final and binding upon you,requiring you to comply with its terms within the time and in the manner specified in the Order. Be advised,all repairs and maintenance of the property shall be carried out with suitable materials in a manner accepted as good workmanship in the trades concerned. FILE V91/490 ISSUED ON: MAY 10, 1995 SERVED BY. REGISTERED MAIL I PROPERTY STANDARDS OFFICER DATE: MAY 10, 1995 Teresa Mason WITNESS: 607 i THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW ENFORCEMENT DIVISION PROPERTY STANDARDS BY-LAW 82-63 SCHEDULE "A" FILE NO V91/490 Section Work to be Carried Out 1• 5.1.1(1) Yard not kept clean and free from rubbish, debris, fire and accident hazards. (All rubbish, debris, fire, and accident hazards to be removed from property.) 2. 5.1.5 Abandoned buildings not Protected against the risk of fire, accident, or other danger - nor protected against the entrance of unauthorized persons thereto. (House and accessory building to be demolished) . 3. 5.2.12 Accessory buildings not kept in good repair or free from health, fire and accident hazards. (Accessory building to be demolished) . b88 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW ENFORCEMENT DIVISION PROPERTY STANDARDS BY-LAW 82-63 SCHEDULE "B" FILE NO. V91/490 Number Section Work to be Carried Out 1 5.1.1(1) All rubbish, debris, fire and accident hazards to be removed from property. (This includes, but is not limited to the following: metal and wood pieces, appliances, vehicle parts, household refuse.) 2 5.1.5 Burned house and south-east accessory building to be demolished. 3 5.2.12 South-east accessory building to be demolished and any opening to the north-west accessory building to be effectively sealed. I I I 609 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW ENFORCEMENT DIVISION BOWMANVILLE, ONTARIO �; t �`. ' ?FPT TT 3ARRIE PURSUANT TO SECTION 31(7) OF THE PLANNING ACT, 1983 � e4�fi€ Issued To: Municipal Address: David Thomas Pringle Brown 6621 Main Street,Orono, Ontario 5521 Main Street,Box 443 ORONO, Ontario Part Lot 1, Block 7, Hanning's Plan and Part Lot 28, LOB 1MO Concession 5, Village of Orono, former Township of Clarke Instrument No. 141604 OWNER: David Thomas Pringle Brown TAKE NOTICE that you as the Owner are hereby ordered to carry out the work outlined herein, in regard to your above noted property,which is in contravention of the Property Standards By-law 82- 63,as amended. 13Y-LAW SECTION WORK To BE CARD OUT All rubbish and debris (debris resulting from fire,old appliances, paper,and other miscellaneous waste material) 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. TAKE NOTICE that such work is to be completed within thirty days of service of this Order; AND TAKE FURTHER NOTICE that default of compliance with the foregoing may result in the following: a) the Corporation of the Town of Newcastle may carry out the necessary work at the expense of the owner; b) every Owner who contravenes an Order (that is final and binding) on summary conviction is liable to a fine not exceeding$500.00 for each day the Owner is in contravention of the Order; C) Notice of Appeal shall be sent by Registered Mail to the Secretary of the Property Standards Committee,Town of Newcastle,40 Temperance Street,Bowmanville, Ontario L1C 3A6; d) The last date of appeal of this Order is MAY 12, 1992. FILE:V91/490 ti ISSUED ON: April 28, 1992 SERVED BY: Registered Mail PROPERTY STANDARDS OFFICER: DATE: April 28, 1992 SIGNATURE• /Yf WITNESS: I 610 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW ENFORCEMENT DIVISION BOWAIANVILLE, ONTARIO rvy 1992 . PURSUANT TO SECTION 31(7) OF TBE PLANNING ACT, 1983 `oven Clark Issued To: Municipal Address: David Thomas Pringle Brown 5521 Main Street,Orono, Ontario 5521 Main Street,Box 443 ORONO, Ontario Part Lot 1, Block 7,Harming's Plan and Part Lot 28, LOB IMO Concession 5,Village of Orono, former Township of Clarke Instrument No. 141604 OWNER: David Thomas Pringle Brown TAKE NOTICE that you as the Owner are hereby ordered to carry out the work outlined herein, in regard to your above noted property,which is in contravention of the Property Standards Bylaw 82. 63, as amended. BY LAw SECTION WORK TO BE CARRIED OUT 5.1.1(4) All vehicles (truck,cars, motorcycles) on the property which are wrecked, dismantled, abandoned, shall not be left,parked or stored in the yard TAKE NOTICE that such work is to be completed within P thirty days of service of this Order; AND TAKE FURTBER NOTICE that default of compliance with the foregoing may result in the following- a) the Corporation of the Town of Newcastle may carry out the necessary work at the expense of the owner; b) every Owner who contravenes an Order(that is final and binding) on summary conviction is liable to a fine not exceeding$500.00 for each day the Owner is in contravention of the Order; C) Notice of Appeal shall be sent by Registered Mail to the Secretary of the Property Standards Committee, Town of Newcastle, 40 Temperance Street,Bowmanville, Ontario L1C 3A6; d) The last date of appeal of this Order is MAY 4 1992. FILE:V911490 4 ISSUED ON: April 28, 1992 SERVED BY:Registered Mail PROPERTY STANDARDS OFFICER: DATE: April 28, 1992 SIGNATURE: /�'�Qe�o-i WITNES . 611 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW ENFORCEMENT DIVISION BOWMANVILLE, ONTARIO 0 f°O!.y -- ORDER ER -- �- PURSUANT TO SECTION 31(7) OF THE PLANNING ACT, 1983 Issued To: Municipal Address: David Thomas Pringle Brown 5521 Main Street,Orono, Ontario 5521 Main Street,Box 443 ORONO, Ontario Part Lot 1,Block 7, Hanning's Plan and Part Lot 28, LOB 1MO Concession 5,Village of Orono, former Township of Clarke Instrument No. 141604 OWNER: David Thomas Pringle Brown TAKE NOTICE that you as the Owner are hereby ordered to carry out the work outlined herein, m' regard to your above noted property,which is in contravention of the Property Standards By-law 82- 63,as amended. BI LAW SECTION WORK TO BE CARRIED OUT Effectively seal any and all possible entry points of burnt 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 the surrounding grade (clean fill is to be used if necessary). TAKE NOTICE that such work is to be completed within thirty days of service of this Order; AND TAKE FURTIM NOTICE that default of compliance with the foregoing may result in the following: a) the Corporation of the Town of Newcastle may carry out the necessary work at the expense of the owner; b) every Owner who contravenes an Order(that is final and binding) on summary conviction is liable to a fine not exceeding$500.00 for each day the Owner is in contravention of the Order; C) Notice of Appeal shall be sent by Registered Mail to the Secretary of the Property Standards Committee, Town of Newcastle, 40 Temperance Street,Bowmanville, Ontario L1C 3A6; d) The last date of appeal of this Order is MAY 12, 1992. FILE:V911490 y ISSUED ON: April 28, 1992 SERVED BY:Registered Mail PROPERTY STANDARDS OFFICER: DATE: April 28, 1992 SIGNATURE- WITNESS: 6 12 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW ENFORCEMENT DIVISION BOWMANVILLE ONTARIO l lr�n!)illl rpq. r ORDER- -- PURSUANT TO SECTION 31(7) OF THE PLANNING ACT, 1983 Issued To: Municipal Address: David Thomas Pringle Brown 6521 Main Street,Orono, Ontario 6621 Main Street,Box 443 ORONO, Ontario Part Lot 1,Block 7,Hanning's Plan and Part Lot 28, LOB IMO Concession 5,Village of Orono, former Township of Clarke Instrument No. 141604 OWNER: David Thomas Pringle Brown TARE NOTICE that you as the Owner are hereby ordered to carry out the work outlined herein, in regard to your above noted property,which is in contravention of the Property Standards Bylaw 82- 63, as amended. 81=LAw SECHON WORK TO BE CARRIED OUT 6.1.1(6) Any outside storage which will be remaining on the property i.e. wood, camper, must be maintained so as to prevent an unsafe or unsightly condition out of character with the surrounding environment. TAKE NOTICE that such work is to be completed within thirty days of service of this Order; AND TAKE FURTHER NOTICE that default of compliance with the foregoing may result in the following: a) the Corporation of the Town of Newcastle may carry out the necessary work at the expense of the owner; b) every Owner who contravenes an Order(that is final and binding) on summary conviction is liable to a fine not exceeding$500.00 for each dray the Owner is in contravention of the Order; C) Notice of Appeal shall be sent by Registered Mail to the Secretary of the Property Standards Committee, Town of Newcastle, 40 Temperance Street,Bowmanville, Ontario L1C 3A6; d) The last date of appeal of this Order is MAY 12, 1992. FILE:V911490 ISSUED ON: April 28, 1992 SERVED $Y: Registered Mail I PROPERTY STANDARDS OFFICER: DATE: April 28, 1992 SIGNATURE:' e 'a WITNESS: l 613 i