Staff Report: 551 Prince Robert Drive – Property Maintenance Violation
A report from the Bylaw Enforcement Officer requesting authorization to use a Town-hired contractor to remediate a property maintenance violation.
TO: Mayor & Council DATE: June 15, 2016 FROM: Enzo Calla, Bylaw Enforcement Officer MEETING DATE: June 21, 2016
551 Prince Robert Drive – Property Maintenance Violation
RECOMMENDATION:
THAT Council authorize the use of a Town hired contractor to remediate the property at 551 Prince Robert Drive which is in contravention of Property Maintenance Bylaw No. 512, 2003.
CHIEF ADMINISTRATIVE OFFICER’S COMMENTS: I concur with the recommendation.
DIRECTOR OF PROTECTIVE SERVICE’S COMMENTS: I concur with the recommendation.
PURPOSE OF REPORT:
The Town’s Bylaw Department has exhausted all options and avenues for voluntary compliance with the owner of 551 Prince Robert Drive in regard to the ongoing unsightly nature of the above noted property.
The Town’s Bylaw Enforcement Officer is requesting Council’s permission to have a Town hired contractor “remedy unsightliness” at the owner’s expense as set out in the Property Maintenance Bylaw No. 512, 2003, Section 5.6. Should the owner fail to pay the associated costs of clean-up that the amount be transferred to the property taxes for 551 Prince Robert Drive as set out in Part 5.6.2 and 5.6.3 which is outlined in Section 17 and 258 of the Community Charter.
BACKGROUND:
As noted above all avenues for voluntary compliance have been exhausted, being:
- March 9, 2015 - letter to remediate;
- April 15, 2015 - report to Council to remediate the property;
- May 14, 2015 - hand delivered notice to comply;
- May 28, 2015 - detailed requirements for compliance;
- August 19, 2015 - registered letter of detailed requirements to comply;
- September 2, 2015 - hand delivered letter of detailed requirements and 24 hour notice of entry to enforce a Council Order;
- September 3, 2015 - property remediation done by contractor; and
- June 1, 2016 - detailed letter of requirements to remediate
Property Maintenance Bylaw No. 512, Part 5.6.1 thru 5.6.3 states:
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 reasonable manner, may enter on the real property and effect the removal at the expense of the person who has failed to comply, and
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.
BUDGET IMPLICATIONS:
Under the current contract with Victoria Contracting the cost associated with clean-up is as follows:
- one ton truck and Laborer - $75.00 per hour
- associated dumping fees
ALTERNATIVES TO STAFF RECOMMENDATION:
- daily issuance of Municipal Ticket Information (MTI) of $100.00 daily;
- placing a Section 57 Notice on Title under the Community Charter;
- long form prosecution through the Provincial Court with a maximum fine amount of $10,000.00; or
- continue to monitor the property and issue notice letters of contravention.
RECOMMENDATION:
THAT Council authorize the use of a Town hired contractor to remediate the property at 551 Prince Robert Drive which is in contravention of Property Maintenance Bylaw No. 512, 2003.
SUBMITTED BY: for Enzo Calla, Bylaw Enforcement Officer REVIEWED BY: Paul Hurst, Director of Protective Services
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