STAFF REPORT: 247 GLENAIRLIE DRIVE – PROPERTY MAINTENANCE VIOLATION
Report requesting authorization for the Town to hire a contractor to clean up an unsightly property at the owners' expense.
TOWN OF VIEW ROYAL COUNCIL REPORT
TO: Council DATE: November 15, 2023 FROM: Brad Cameron, Bylaw Enforcement Officer MEETING DATE: December 5, 2023
247 GLENAIRLIE DRIVE – PROPERTY MAINTENANCE VIOLATION
RECOMMENDATION:
THAT Council authorize Town of View Royal (“Town”) staff to engage a contractor, at the expense of the owners of 247 Glenairlie Drive (the “Property”), to remediate the unsightliness of the Property and to the requirements within the Property Maintenance Bylaw No. 512, 2003 (“Property Maintenance Bylaw”);
AND THAT should the owners of the Property not pay costs incurred by the Town for remediation of the Property on or before December 31 in the year that the work is done, that the costs be added to and form part of the taxes payable on the Property as taxes in arrears pursuant to sections 5.6.2 and 5.6.3 of the Property Maintenance Bylaw and sections 17 and 258 of the Community Charter, SBC 2003, c. 26 (the “Community Charter”).
PURPOSE:
The purpose of this report is to provide an overview of the current and historical violations of the Property Maintenance Bylaw (the Bylaw) specific to 247 Glenairlie Drive, and proposed measures for resolution of the contraventions of the Bylaw.
Bylaw Offences:
Cheryl and Kim Fraelic, (the “Owners”) are in contravention of the following sections of the Bylaw in relation to the Property:
- Sec 5.1.1 - All yards must be maintained free from the accumulation of filth, discarded materials, derelict motor vehicle bodies, associated parts, litter, trash, and unsightly rubbish that may pose a health or accident hazard.
- Sec 5.1.4 - Steps, walks, driveways, and parking spaces on all premises must be maintained in a condition that ensures safe passage under normal use and weather conditions.
- Sec 5.1.5 - Unobstructed walkways leading from the main entrance of each building to the street or driveway must be available and maintained in a safe condition.
- Sec 5.2 - Prohibition on causing or allowing the collection or accumulation of water, rubbish, or noxious, offensive, or unwholesome matter on the premises, as well as depositing or throwing bottles, broken glass, or other rubbish in any open area.
- Sec 5.3 - Owners, occupiers, or their agents are required to keep their property free from brush or noxious weeds.
Town staff have exhausted all available options and avenues for voluntary compliance regarding the persistent unsightly condition of the Property. The Bylaw Officer is requesting Council's approval to engage a contractor, hired by the Town, to undertake remediation of the Property at the Owners’ expense under section 5.6.2 of the Property Maintenance Bylaw. In the event that the Owners fail to reimburse the Town for the associated costs for clean-up of the Property on or before December 31 in the year that the work has occurred, staff recommend costs incurred by the Town be added to and form part of the taxes payable on the Property as taxes in arrears under section 5.6.3 of the Property Maintenance Bylaw and sections 17 and 258 of the Community Charter.
TIME CRITICAL:
Taking action on this long overdue redress is imperative to address the persistent issues and bring about the necessary changes to align with Town’s property maintenance expectations.
EXECUTIVE SUMMARY:
As noted, all avenues for voluntary compliance have been exhausted. Town staff have attempted to have the Owners bring the Property into compliance with the Bylaw. To date, the following are notices and warnings issued to the Owners:
- December 2019 - warning notice issued, demanding clean-up by January 8, 2020, followed by an inspection;
- June 2020 - warning notice issued, demanding clean-up by September 1, 2020, followed by an inspection;
- May 2021 - warning notice issued for boulevard clean-up, with an inspection date of June 11, 2021;
- September 2021 - Final Notice issued for boulevard clean-up, with an inspection date of October 4, 2021;
- October 2021 - Victoria Contracting performed boulevard clean-up at no cost to the resident, and fines totaling $400 were imposed;
- November 2022 - Final Notice issued for property clean-up, with an inspection date of February 22, 2023; and
- February 24, 2023 – notice of proposed Town clean-up of Property.
On February 22, 2023 an inspection performed by Town staff revealed that the Owners failed, neglected, or refused to undertake any of the requested clean-up of the Property and the Property remains in a similar or worse condition as depicted in the October 2022 photographs within this staff report.
BACKGROUND:
It is essential to acknowledge that the timeline commenced in 2019, coinciding with the receipt of the initial complaint during a time in which the Town hired a full-time Bylaw Officer. The Bylaw Department firmly believes that the neglect associated with this Property has been persisting for a significantly longer duration than identified in this report.
Below, violations are categorized based on the respective sections of the Bylaw. The description of each violation is supported by photographs taken in 2022, providing clear evidence of the infractions:
Section 5.1.1 - All yards must remain free from the accumulation of filth, discarded materials, derelict motor vehicle bodies, associated parts, litter, trash, and any form of unsightly rubbish that may create a health or accident hazard.
The carport, basement entryway, stairwell to the main residence entrance, and stairwell to the deck are overwhelmed with boxes of discarded materials, heaps of trash, and garbage. The build-up of rubbish hampers access to the basement doorway, while the excessive piles of garbage, discarded newspapers, books, and debris on the back landing and stairs leading to the main residence entrance pose a hazardous situation, with a littered ground increasing the risk of slips or trips. The stairs to the deck, which include an additional entrance to the kitchen, are entirely obstructed by garbage. On August 29, 2022, the Bylaw Enforcement Officer refrained from accessing the deck, deeming it unsafe to navigate through the debris on the stairs.
Carport/rear landing/stairwell photos:
A motor vehicle, specifically a Ford Taurus, has remained stationary and unused within the carport since the initiation of the Bylaw Department's documentation of this Property. Notably, the vehicle lacks a license plate, and no corresponding plate was discovered amidst the surrounding debris.
The condition of the aforementioned Taurus can only be characterized as derelict. The vehicle's exterior is engulfed by moss and fungus, while all tires are deflated, indicating prolonged inactivity and disuse.
Situated on the opposing side of the carport are an engine block, drive shaft, and other substantial car components. These items have occupied the same location without any relocation since 2019.
Vehicle/car part photos:
Section 5.1.4 - The steps, walks, driveways, and parking spaces on all land shall be maintained so as to afford safe passage under normal use and weather conditions.
The driveway in question is encroached upon by vegetation on both sides, diminishing the width of the passage for transit. The narrowed pathway is predominantly covered with moss, which, while not slippery under dry conditions, poses a risk of slipperiness when wet. Given that the driveway is situated on an incline, the presence of slippery moss creates a hazardous surface for individuals requiring access to the residence, including emergency services. Emergency personnel, in particular, face an increased risk of slipping while carrying their equipment needed for the execution of their duties.
Driveway photos:
Section 5.1.5 - Unobstructed walkways shall be available on all land leading from the main entrance of each building to the street or driveway and shall be maintained in a safe condition.
The entrances to the residence are impeded by accumulation of debris, boxes, and old newspapers and magazines.
In addition to the hazards presented by a slippery driveway, the obstructed entryways may hinder access and cause delays in the event of emergencies.
Carport/rear stairwell photos:
Section 5.2 - Persons are prohibited from causing or permitting water, rubbish or noxious, offensive, or unwholesome matter to collect or accumulate around their premises, or from depositing or throwing bottles, broken glass or other rubbish in any open place.
The build-up of refuse on the premises begins in the carport, extends along the house wall, behind the derelict vehicle, and onto the rear stairwell landing area. This accumulation further progresses onto the stairwell leading to the rear door and extends up to the deck.
Carport/rear stairwell and deck photos:
Section 5.3 - Owners or occupiers of real property or their agents shall keep their property clear of brush or noxious weeds.
The front portion of the property is segregated into two distinct areas being the municipally owned boulevard area, and the sloping front yard owned by the Owners. Both areas exhibit overgrowth consisting of grass, weeds, and brush.
In 2021, Town staff engaged the services of a municipal contractor for the maintenance of the boulevard section of the property.
Boulevard and overgrown trees/shrubs:
DISCUSSION:
The Bylaw Department has exhausted all available options to achieve voluntary compliance regarding the persistent unsightly condition of the Property. Accordingly, the Bylaw Officer seeks Council's authorization to engage a contractor appointed by the Town for the purpose of remedying the unsightliness with the expenses to be borne by the Owners, in accordance with section 5.6.2 of the Property Maintenance Bylaw. Should the Owners fail to pay the costs associated with the clean-up on or before December 31 in the year the work is done, it is proposed that such costs be added to and form part of the taxes payable on the Property as taxes in arrears under section 5.6.3 of the Property Maintenance Bylaw and sections 17 and 258 of the Community Charter.
The Town’s Bylaw Department sent a letter and staff report to the Owners notifying them of the time and date of the Council meeting when Council will be considering this staff report and Town staff’s recommendation for remedying the unsightliness of the Property, and to provide the Owners with an opportunity to be heard and respond.
SUSTAINABILITY/CLIMATE CHANGE IMPACTS:
This matter has no significant implications in terms of sustainability or climate change.
FINANCIAL IMPLICATIONS:
The recommended course of action entails engaging the services of Victoria Contracting, as well as having RCMP and Town staff present during the clean-up. Additionally, costs will be incurred for the provision of a truck or bin, labour, and associated dumping fees.
ALTERNATIVES:
- Daily issuance of Municipal Ticket Information (MTI) with a penalty amount of $100.00 per day.
- Pursue long-form prosecution through the Provincial Courts, which carries a maximum fine of $10,000.00.
- Continue to monitor the Property and issue notice letters to address the violations.
- Initiate civil proceedings to seek injunctive relief for mandatory orders for clean up of the Property.
The alternative options have varying impacts including costs, time delays, and ongoing neighbourhood and potential emergency responder consequences.
CONCLUSION:
The significance of this case is not solely based on the extent of rubbish accumulation and unsightliness, but rather the persistent neglect and ongoing deterioration of the Property. In the absence of the Town’s intervention, there is no indication that the Property will ever be cleaned up to the minimum Bylaw requirements.
The rubbish not only detracts visually but also poses health hazards due to decomposing materials and potential rodent infestations. Moreover, it presents a safety risk to emergency personnel and individuals entering the property.
| CONCURRENCE: | Initials | Comments |
|---|---|---|
| Acting Chief Administrative Officer | SJ | Recommend approval |
| REVIEWED BY: | Initials |
|---|---|
| Director of Corporate Administration | N/A |
| Director of Finance | N/A |
| Director of Development Services | N/A |
| Director of Engineering and Parks | N/A |
| Director of Protective Services | PH |
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