Staff Report: 30 Stoneridge Drive – Unsightly Property

Council Report

TO: Mayor & Council
DATE: April 21, 2015
FROM: Enzo Calla, Bylaw Officer
FILE NO:

30 Stoneridge Drive – Unsightly Property

RECOMMENDATION:

The purpose of this report is to receive guidance from Council on how to proceed.

CHIEF ADMINISTRATIVE OFFICER'S COMMENTS:

I support the recommendation.

DIRECTOR OF PROTECTIVE SERVICES COMMENTS:

I support the recommendation.

PURPOSE OF REPORT:

As all avenues have failed in gaining compliance with unsightliness, Bylaw Enforcement Officer is seeking Council permission to have a contractor remediate property at owner's expense, and if the owner fails to pay outstanding amount by December 31, 2015, the amount be transferred to 2016 property taxes, as set out in Property Maintenance Bylaw # 512 Part 5.6 which outlines "remedying" unsightliness.

5.6 Remedying Unsightliness

for the purposes of remedying unsightliness on real property.

5.6.1 Owners or occupiers of real property, or their agents are required to remove from it unsightly accumulations of filth, discarded materials, rubbish or graffiti.

5.6.2 Where a person fails to comply with a requirement for removal referred to in section 5.6.1 above, the municipality, by its employees or other persons, at reasonable times and in a reasonable manner, may enter on the real property and effect the removal at the expense of the person who has failed to comply.

5.6.3 Where the person at whose expense removal is carried out under section 5.6.2 above does not pay the costs of the removal on or before December 31 in the year that the removal was done, the costs shall be added to and form part of the taxes payable on the real property as taxes in arrears.

This particular property has received notices with regards to unsightliness since 2010:

• 2010 October – Property remediated by owner.
• 2011 August - Property remediated by owner.
• 2012 July – Property remediated by owner.
• 2013 November – Property remediated by owner.
• 2014 July – Letter sent to property owner to remediate property.
• 2015 January – Notice sent to property owner to remediate property with a completion date of February 27, 2015. No action taken by owner.
• 2015 March – Notice again sent to owner to remediate property by April 10, 2015. Very little progress has been made with no attempt to contact Bylaw Enforcement Officer. Registered mail to owner dated March 9, 2015 returned unclaimed.

COST IMPLICATIONS:

Under our current contact with Victoria Contacting the cost associated with cleanup would be as follows:

• One tonne truck and laborer - $55.00 an hour.
• Associated dumping fees.

Due to the size of the property, remediation should take no more than 2 hours to complete.

ALTERNATIVES TO STAFF RECOMMENDATION:

• Daily issuance of Municipal Ticket Information (MTI) of $100.00 daily.
• Long form prosecution through provincial courts with a maximum fine amount of $10,000.00.
• Continue to monitor property and issue notice letters of contravention.

SUBMITTED BY:

Enzo Calla, Bylaw Enforcement Officer

REVIEWED BY:

Paul Hurst, Director of Protective Services

Attachments:

• Current photos of property dated March 25, 2015
• CRD Aerial Photo of Stoneridge Drive
• Current photos of property dated April 13, 2015