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THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON
REPORT
Meeting:
General Purpose and Administration Committee
File # C/:J....
Res.~Jl--,---~-DO
Date:
Monday, July 3, 2000
CD-35-00
PROPERTY STANDARDS ORDER ENFORCEMENT
Report #:
By-law #
Subject:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CD-35-00 be received;
2. THAT Staff be authorized to retain a contractor to perform the property clean ups as
required in the two Property Standards Orders issued by the Property Standards
Officers;
3. THAT funds required to perform the work be drawn from the Contingency Account
#1100-9-X; and,
4. THAT the property owners, Concetto Pistritto and The Kaitlin Group Ltd. be advised
of Council's decision.
BACKGROUND
This report deals with two separate Property Standards Orders requiring municipal
enforcement.
In October 1999, the By-law Enforcement Division received a written complaint
concerning the condition of a property located at 2210 Highway No.2. At that time the
Property Standards Officer attended and conducted an inspection of the site in order to
determine its compliance with the Municipality's Property Standards By-law 98-123.
During the investigation the Officer noted the presence of more than 40 old vehicle tires,
an abandoned freezer, several piles of cardboard boxes and baskets, an open shed with
rats visible inside, rusted and abandoned pieces of farm machinery in the field, several
dozen old and inoperative lawn mowers and bicycles, various pieces of scrap metal and
more than a dozen derelict motor vehicles.
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CD-35-00
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July 3, 2000
The Officer spoke to the property owner, Concetto Pistritto and discussed the matter with
him at the time. Mr. Pistritto was advised that an Order would be forthcoming requiring
him to bring the property into compliance with the By-law. He was given an opportunity
to resolve the situation
The property was re-inspected in December and again in January to determine if any work
had been done. On January 14th a Property Standards Order was issued against
Mr. Pistritto. The deadline for compliance was set at 14 February 2000.
On 28 February 2000 the property was re-inspected to determine compliance. Very little
had been done to correct the deficiencies. On 29 February 2000, Mr. Pistritto was charged
for failing to comply with the Order. At his trial on May 16th Mr. Pistritto was convicted
and fined $1000.
To date much of the material remains on site. The Officer has spoken to Mr. Pistritto and
another member of his family in an effort to get the property cleaned up. Mr. Pistritto has
been given extra time over and above what is required under the law, however the
problem remains.
With regards to the second property, a written complaint was received concerning the
derelict conditions of a property located at 1612 Green Road, Bowmanville. The property
contained an abandoned motor vehicle, construction debris, general waste and a
dilapidated two-story house in a dangerous state of disrepair.
The property was inspected and on 17 April, 2000, a Property Standards Order was issued
against the registered owner of the property, the Kaitlin Group Ltd. The Order required all
the rubbish and debris, dead brush and trees, scrap metal and wood and the derelict
vehicle to be removed. The Order also required the demolition of the house. On
checking with the Building Department it was learned that Kaitlin had in fact obtained a
demolition permit several months earlier and had not acted on it. Final compliance state
was set at 17 May 2000.
The owners appealed to the Property Standards Committee. At the Committee's meeting
on 14 June 2000, the Order was confirmed. The Order is now final and binding. Some
remedial work has been done however, the building remains on site and is open to
trespass.
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CD-35-00
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July 3, 2000
CONCLUSION AND RECOMMENDATION
Staff believe that the only way to resolve both these matters is to exercise the
Municipality's authority under section 15.4 of the Building Code Act and clear both sites of
all the waste material and in the case of Kaitlin, the building. It is anticipated that the costs
of the cleanup will be significant. Staff are recommending that funds be drawn from the
Contingency Account #1100-9-X to cover the costs. All costs will then be applied to the
Municipal Tax Roll as real property taxes.
Respectfully submitted,
Reviewed by,
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Franklin Wu, M.C.I.P., R.P.P.,
Chief Administrative Officer
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