Staff Report: 551 Prince Robert Drive – Unsightly Property

RECOMMENDATION:

That Council authorize the use of a town hired contractor to remediate the noted property which in contravention of Bylaw No. 512 Maintenance of Property.

CHIEF ADMINISTRATIVE OFFICER'S COMMENTS:

I support the recommendation.

DIRECTOR OF PROTECTIVE SERVICES COMMENTS:

I support the recommendation.

PURPOSE OF REPORT:

The Bylaw Department has exhausted all options for voluntary compliance with unsightliness. The Bylaw Enforcement Department is requesting Council permission to have a town hired contractor remediate property at owner's expense, and if the owner fails to pay the costs associated by December 31, 2015, the amount be transferred to the 2016 property taxes, as set out in Property Maintenance Bylaw No. 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 2013:

• 2013 December – Property not changed.
• 2014 January – Property not changed.
• 2014 August – Property remediation started by owner.
• 2015 March – Property owner has numerous projects started since remediation started in 2014.

COST IMPLICATIONS:

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

• One ton truck and laborer - $75.00 an hour.
• Associated dumping fees.

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:

CRD Aerial Photo of Prince Robert Drive Current photos of property dated April 14, 2015