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HomeMy WebLinkAboutCD-33-00 "9' "" THE CORPORATION OF THE ~UNICIPALITY OF CLARINGTON , REPORT MEETING: General Purpose & Administration Committee File # DATE: July 3,2000 Res. ~/J9---r;27-oo . REPORT #: CD-33-00 By-law # SUBJECT: Clean-up of Property Owned by William Vainio 100 Beaver Street, North, Newcastle, Ontario Roll No: 030-130-02110-0000 Our File: VOO-0152 Recommendations: It is respectfully recommended to Council the following: 1. THAT Report CD-33-00 be received; 2, THAT, in the event Mr. Vainio fails to clean his property, or exercises his right to appeal the Order and subsequently fails to clean his property the Municipal Law Enforcement Officers be authorized to undertake all necessary actions to have the property municipally known as 100 Beaver Street North, Newcastle, cleaned up; and 3. THAT all costs associated with the clean up be initially charged against contingency account number 1l00-9-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. 1. BACKGROUND AND CO~NT 1.1 The Municipality ofClarington By-law Enforcement office received a complaint concerning the condition of a vacant lot. The property is municipally known as 100 Beaver Street, North, Newcastle. 1.2 Staff inspected the property on April 17, 2000 and found that several trees had been cut down. The majority of the wood from the trees had been chipped, scattered and left on site. Some larger pieces of wood remained on the property. A culvert entered the property at the east end (front), with water flow travelling west towards the rear of the lot. The wood chips were drastically impeding the drainage of this lot, and ultimately could effect the drainage of other lots. There was also the concern that the water would stagnate, becoming an ideal breeding ground for mosquitoes. .. ./2 701 , Report CD-33-00 -2- July 3, 2000 1.3 A title search confirmed William Vainio owned the property in question. 1.4 An Order Requiring Compliance was issued to the property owner William Vainio. This Order outlined the non-conformities to the Municipality's Property Standards By-law and included the work necessary to remedy the situation, A copy of this Order is attached to this report and marked as Schedule "A". 1.5 The Order Requiring Compliance was sent by registered mail to the owner. The final date of appeal was May 5th, 2000 and the compliance date was May 16th, 2000. 1.6 Mr. Vainio subsequently appealed the Order to the Property Standards Committee stating his need for more time to complete the required work. 1.7 Staff inspected the property on June 13th, 2000. At this time a large tree which had been ordered to be removed, was. Some of the wood from this tree was left on site, An attempt had been made to make a "trench" through the property to aid the water flow/drainage on the lot. The large amount of wood chips remained on the lot as did pieces of wood, tree branches, leaves and other miscellaneous debris. A foul odour was also emanating from this property. The property remained in violation of the Municipality's Property Standards By-law. 1.8 The Property Standards Committee convened on June 14th, 2000 to deal with this, as well as several other matters. On this date, Mr. Vainio failed to appear. The Committee confirmed the Officer's Order and did not give an extension of time. 1.9 The owner now has a right to appeal the Committee's decision to a Judge ofthe Superior Court of Justice within 14 days of the Committee's decision having been sent. .. ./3 IU2 ~ . Report CD-34-00 -3- July 3, 2000 1.10 The Building Code Act, S.O, 1992, C.23, Section 15.4(1) states: "If an Order of an Officer under Section 15.2(2) is not complied with in accordance with the Order as deemed confirmed or modified by the Committee or Judge, the Municipality may cause the property to be repaired or demolished accordingly. " 1.11 Section 15.4(4) states: "The Municipality shall have a lean on the land for the amount spent on the repair or demolition under Section (1) and the amount shall be deemed to be Municipal Real Property 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 Property Tax." RECO~NDATION: In the event Mr. Vainio exhausts his right to an appeal before a Judge of the Superior Court of Justice and fails to clean up his property as required, staff are requesting Council's authorization to exercise the option stated in the Building Code Act S.O. 1992, C.23, Section 15.4(1), Respectfully submitted, Reviewed by, (] r~-=U9--tc Frank Wu, Chief Administrative Officer PB*TM*bm Attachment 703 SCHEDULE "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY.LAW ENFORCEMENT DMSION ORDER REQUIRING COMPLIANCE PURSUANT TO SECTION 15.2 OF THE BUILDING CODE ACT, S.O. 1992 c.23 ISSUED TO: MUNICIPAL ADDRESS: William Vainio 419 Leslie Street, Toronto, Ontario M4M 3E3 100 Beaver Street, North Newcastle. Ontario LEGAL DESCRIPTION: PTLOT11, BLKE, Hanning's Plan, Village of Newcastle (AKA Pt, Lot 28, Cone. 2, Clarke) Municipality of Clarington, Regional Municipality of Durham Instrument No. 0534917 BEING THE OWNER OF THE ABOVE-MENTIONED PROPERTY OR A PERSON HAVING AN INTEREST THEREIN. HEREAS the property described above has been inspected by a Property Standards Officer and found not to confonn to the standards set out in Property Standards By~aw 98-123: IT IS HEREBY ORDERED THAT THE REPAIRS DESCRIBED IN SCHEDULE "A", WHICH IS ATTACHED HERETO AND FORMS PART OF THIS ORDER, BE EFFECTED AT THE PROPERTY DESCRIBED HEREIN ON OR BEFORE MAY 16, 2000 USING SUITABLE AND SUFFICIENT MATERIALS AND IN A MANNER ACCEPTED AS GOOD WORKMANSHIP IN THE TRADES CONCERNED. If this Order is not complied with within the time and in the manner specified, and in accordance with any pennits required by law, the Corporation may carry out the requirements of this Order at the owner's expense and/or commence legal proceedings. 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 to the Secretary, Property Standards Committee at 40 Temperance Street, Bowmanville, Ontario, L 1C 3A6, on or before, MA Y 5, 2000, stating your grounds for appeal. In the event no appeal is taken within the prescribed period and in the manner specified above, the Order shall be deemed to be confinned and shall be final and binding upon you pursuant to Section 15.3(2) of the Act. FILE: V00I152 ISSUED ON: April 18, 2000 SENT BY REGISTERED MAIL ON: April 18, 2000 ~A...eO<U7'la~ Teresa Mason, P.S.O. mn~c;;~r Witness' 7' ,i :..J ""l RLE NO. V0llf1.2 ,. 2. NOTE: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW ENFORCEMENT DIVISION PROPERTY STANDARDS BY-LAW 98-123 SCHEDULE "A" Section Non-conformities 4.01(1) Vacant land not kept clean and free from rubbish or debris and objects or conditions that might create a health or accident hazard. REMEDY All cut up tree trunks, branches and twigs, wood chips, papers and any/all miscellaneous debris/objects to be removed from the property, ensuring water drainage to/from the property is restored. 4.01(6) Vacant land not kept clean and free from dead, decayed or damaged trees. REMEDY Willow tree at north-east comer of property to be cut down and resulting wood and debris to be removed from pmperty. A BUILDING PERMIT, DEMOLITION PERMIT OR A PLUMBING PERMIT MAY BE REQUIRED PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, DEMOLITION, INSTALLATION, ALTERATION OR REMOVAL OF PLUMBING OR ANY OTHER MATERIAL ALTERATION TO A BUILDING OR STRUCTURE. FOR FURTHER INFORMATION CONCERNING SUCH PERMITS CONTACT THE MUNICIPALITY OF CLARINGTON BUILDING DEPARTMENT AT (905) 623.3379 BETWEEN 8:30 a.m. AND 4:30 p.m. MONDAY THROUGH FRIDAY EXCEPT HOLIDAYS. ! :.. I J J.