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HomeMy WebLinkAboutCLD-003-01 , ~ Clf}!:inglOn REPORT Report #: GENERAL PURPOSE AND ADMINISTRATiON COMMITTGfff_i3tf-tJ / SEPTEMBER 4, 2001 () CLD-003-01 File #IQ/ By-law # Meeting: Date: Subject: CLEAN.UP OF PROPERTY LOCATED AT 3709 REGIONAL ROAD, 9 ORONO, ONTARIO Recommendations: it is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1) THAT Report CD-003-01 be received; 2) THAT authorization be given to the Municipal Law Enforcement Officers to undertake all necessary actions to have the property municipally known as 3709 Regional Road 9, Orono cleaned up; and 3) THAT all costs associated with the clean-up be initially charged against contingency account number 1100-9-X and subsequently added to the Collector's Roll and collected in the same manner and with the same priorities as Municipal Real Property Tax. a c~J{ /Q <-:C..'-::2 ~ Reviewed by: - Franklin Wu, M.C.I.P, Chief Administrative Officer Submitted by: PLB*LC*TV*bm CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-6506 829 . REPORT: CLD-003-01 PAGE 2 1. BACKGROUND AND COMMENT The Municipality of Clarington By-law Enforcement Office received complaints regarding the condition of a property located on the east side of Highway 115 at Kirby. The property is municipally known as 3709 Regional Road 9, Orono. An inspection of the said property revealed various deficiencies throughout. This included but was not limited to scrap metal, wood pieces, abandoned vehicles, old tires and appliances scattered throughout the yard. A Title Search was conducted and revealed that the property was owned by Paul Owen Ward. Information received from the Planning Department showed Richard Ward to also have an interest in the property as the occupant. Within the terms of section 15,1 (1) of the Building Code Act, Richard Ward does qualify as an owner of the property for the purposes of the Property Standards Order. On June 25, 2001 an Order Requiring Compliance was issued pursuant to Section 15(2) of the Building Code Act. This Order was sent to both parties, The Order outlined the deficiencies and stipulated the work required to bring the property into compliance. A final deadline for compliance was set at July 25, 2001. On July 16, 2001, Richard Ward filed an Appeal to the Property Standards Committee, The Committee met on August 1, 2001 to hear Mr. Ward's appeal. In its decision, the Committee upheld the terms of the work required and granted an extension until August 15, 2001. This decision was sent by registered mail to Mr, Ward on August 2, 2001, 830 . REPORT: CLD-003-o1 PAGE 3 On August 16, 2001 the investigating officer conducted a follow-up inspection to determine compliance. At that time the officer determined that the property remained in a state of non-compliance. The Building Code Act states that an owner may appeal the decision to the Ontario Court within 14 days of the mailing of the Committee's decision. The deadline for the appeal was August 17. As of August 20, no apparent work had been done to bring the property into compliance, The Court has advised that no appeal was filed within the permitted time. The Order is therefore deemed to be final and binding. 2. PROPOSED ACTION The Building Code Act section 15.4 states" If an Order of an Officer under subsection 15.2(2) is not complied with in accordance with the order as deemed confirmed or modified by the committee or a judge, the municipality may cause the property to be repaired or demolished accordingly," Section 15.4(4) further states: " the Municipality shall have a lien on the land for the amount spent on the repair or demolition under subsection (1) and the amount shall be deemed to be Municipal real properly taxes and may be added by the Clerk of the Municipality to the collector's roll and collected in the same manner and with the same priorities as municipal Real Properly Tax." Staff are proposing that a contractor be retained to clear the non complying material from the properly and bring it into compliance with the By-law as required in the Order of June 25, 2001. 831 . REPORT: CLD-003-o1 PAGE 4 3. RECOMMENDATION Staff are respectfully recommending that Council authorize staff to exercise the option provided in section 15.4(1) of the Building Code Act and take all necessary action to have the property cleaned up. Any and all associated costs will be charged against contingency account number 11 QQ-9-X and subsequently added to the Collector's roll and collected in the same manner and with the same priorities as Municipal Real Property Tax. 832