DocumentsStaff ReportDec 17, 2024Pages 24–29
Correcting Nuisance Conditions – 840 Arncote Avenue
Staff report recommending Council declare 840 Arncote Avenue a nuisance and hazard and issue a Remedial Action Order requiring cleanup (or allowing the City to remediate and recover costs).
Key facts
- Civic address: 840 Arncote Avenue; legal description: LOT 3, SECTION 111, ESQUIMALT DISTRICT, PLAN 10901 [005-052-254]
- Recommendation: Declare property a nuisance and a hazard under the Community Charter and impose a Remedial Action Order
- Remediation compliance timeframe recommended: 30 days after service of the Order
- If City performs remediation, costs may be charged to property taxes as per section 17 of the Community Charter (work anticipated in 2025)
Correcting Nuisance Conditions – 840 Arncote Avenue
DATE: Monday, December 16, 2024
DEPARTMENT: Bylaw and Enforcement
SUBJECT: Correcting Nuisance Conditions – 840 Arncote Avenue
Executive Summary
The property at the corner of Arncote Avenue and Strathmore Road is owned by Langford Gateway Developments Inc. (the “Property Owner”). The property is the subject of public complaints and, as enforcement actions to date have not been successful, requires action by Council. Staff are recommending that Council declare the property having a civic address of 840 Arncote Avenue, Langford BC and legally described as LOT 3, SECTION 111, ESQUIMALT DISTRICT, PLAN 10901 [005-052-254] (the “Property”), as a Nuisance and a Hazard pursuant to Sections 72, 74 and 73 of the Community Charter and impose remedial action requirements. The City has confirmed that there are significant accumulations of contaminated and combustible demolition waste, including asbestos, lead paints (see Appendix ‘A’) and other debris on the site. Given the presence of these contaminants, staff believe that the Property also presents potential safety hazards.
Background
The Property originally contained a house and accessory building that were demolished by the Property Owner on February 12, 2024; however, the resulting debris pile remains on the site. Since that time, the Bylaw Enforcement Department has fielded numerous complaints from the neighbourhood about the unsightly appearance of the debris on the site. The complaints from neighbours also include concerns over the condition of the site attracting rodents, and the dumping of additional garbage bags and other debris by unknown persons. In response to neighbourhood concerns, and under authority of the Unsightly Premises Bylaw 1887, the Bylaw Enforcement Department has attempted to work with the Property Owner to encourage a cleanup of the site. This communication has included both verbal and written requests and has escalated to the issuance of tickets (fines) and late payment penalties applied to the unpaid fines. Despite all efforts by staff, no cleanup has occurred, and many of the fines have gone undisputed and unpaid.
A nuisance, as identified under Section 64 of the Community Charter can include presence of odor, refuse, garbage, or other material that is noxious, offensive or unwholesome and can present unsanitary or unsightly conditions on a Property; staff believe that the conditions on the Property meet this definition.
In addition to the nuisance it presents to the neighbourhood, the current state of the Property may present a fire hazard as there is a sizable fuel load consisting of dry, aged building demolition lumber, some plastics, and what appears to be a lack of reliable and consistent monitoring of the site.
Aside from the condition of the Property being a place for unauthorized dumping by others, the City is seeing similar dumping activity within the adjacent roadway, which the Engineering Department has addressed through issuance of work orders for clean-up. Neighbours have noted, and staff have confirmed, this type of activity has increased since the end of summer.
Chronology
- 2024-01-31 – In response to complaints, Officers inspect to find large accumulations of garbage and the house and accessory building not secured from unauthorized entry. Email message is sent to property owners as to the condition of the property and providing direction to clear the site and secure the building. A return email is received indicating the buildings are scheduled to be demolished on February 12, 2024.
- 2024-05-02 – New complaints result in an inspection which finds the buildings have been demolished but the waste remains on site. Email sent to owner asking for an update.
- 2024-05-15 – Telephone complaint from a resident about the condition of the property prompts a telephone call to the owner and an indication that the owner is waiting on Permits to be issued by WorkSafe BC to remove the debris due to suspected contaminants.
- 2024-06-12 – Site inspection, no changes on site, an email is sent to the owner for an update.
- 2024-06-24 – Email complaint received, owner is contacted for an update and request is made to remediate the site.
- 2024-07-02 – Email complaint received; staff find that WorkSafe BC has placed a Stop Work Notice on the property. Special Permits required before work to clear the site can proceed.
- 2024-07-02 – Telephone call to the Owner, owner is having difficulty finding a site to transport the site debris to due to the expired age (6mo.) of their original Hazmat Report. Recommend a new QEP report be sought.
- 2024-07-08 – Several telephone calls are made through the week to the owner for updates. No answers to those calls result and requests for return calls are not received by the City.
- 2024-07-09 – Two calls made to the offices of the owner, no response - message left to call.
- 2024-07-09 – Inspection. All material remains on site. Diminished coverings are noted.
- 2024-07-09 – Complaint received from nearby resident.
- 2024-07-09 – The issuance of tickets begins due to the lack of action by the owner.
The following table summarizes the dates of continued violation of the Unsightly Premises Bylaw 1887 and penalties (fines) issued under the City Bylaw Offence Notice (BON) system. Note that penalties issued under the BON system are mailed to the alleged offender and that staff are confident that the Property Owner has received all tickets mailed to the same address because the first three tickets were paid during the ticket discount period. All others have received no response, and the Property Owner has now been advised in writing that they have been deemed guilty of the offence at the surcharge rate for each of the remaining 22 tickets, and that the City will be taking action to collect those outstanding amounts.
Photographs of the condition of the property were taken and recorded in the enforcement file as evidence supporting each BON issued. Staff have continued to field at least one complaint per week from several residents.
On October 10th, 2024, staff contacted WorkSafe BC to confirm the Stop Work Notice remained in place and, learned that the Notice was prompted by concerns over potential asbestos and other contaminants existing on site. WorkSafe requires a site assessment to be completed by an environmental consultant (QEP) if the City is to proceed with a clean up action under Section 4 its Unsightly Premises Bylaw. The Stop Work Notice was lifted by WorkSafe BC to permit the City to undertake an assessment, a copy of which was sent to WorkSafe BC on October 29, 2024. WorkSafe BC has since authorized remedial (debris removal) work to be completed on the site as outlined in the QEP report.
Given all the above, it is staff’s recommendation the Council declare the Property to be both a nuisance and a hazard pursuant to the Community Charter and issue an order for the remediation of the Property within 30 days, failing which the City will carry out the remediation and the costs will be collected as taxes on the land.
Commentary
Municipal Councils are provided with authorities under Section 72 of the Community Charter to identify, declare and take action to correct nuisances and hazardous situations on private land by employing a Remedial Action Order. Council’s authority includes the legal ability to require a property owner to correct the declared nuisance and hazardous conditions on their property by a specified date. Should the property owner fail to comply with the order, the Community Charter then provides that Council may direct staff and contractors to enter onto the property to remove or correct the conditions which lead to the declaration of the nuisance or hazardous condition. The legislation further allows for the costs of the remedial work to be charged to the property owner, and where left unpaid after December 31 of that year, be added to property taxes.
Council resolutions imposing remedial action requirements must specify the time by which the required action must be completed by the owner, and Council is required to provide notice to any person/corporation subject to the requirement. Should Council proceed with remedial action, staff will be responsible for ensuring the appropriate and necessary steps are taken to carry out Council’s direction. Once such notice of the declaration has been provided to the property owner, those affected are permitted to request a reconsideration of Council. Each holder of a registered charge in relation to the Property who appears on the assessment role must also be notified of the declaration and associated resolution imposing remedial action.
Despite regular and ongoing site inspections, discussions, warnings, and issuance of tickets, the Property Owner has taken no steps to abate the nuisance and hazard conditions resulting from accumulations of contaminated and combustible demolition waste, including asbestos, lead paints (see Appendix ‘A’) and other debris on the site. Given the presence of these contaminants and risk of fire, staff believe that the Property also presents potential safety hazards. A Remedial Action Order passed by Council in the form as attached as Appendix ‘B’ to this report would permit staff to remediate the site and bring it into compliance with the Remedial Action Order, should the Property Owner fail to take the required steps.
Financial Implications
If the Property Owner does not comply with the Remedial Action Order, the City will, either directly or through contractors, enter onto the premises and conduct the remedial work necessary to abate the nuisance and hazardous conditions. Pursuant to section 17 of the Community Charter, the costs of the work would be applied to the property taxes as of December 31, 2025, given that the work would take place in 2025, and if the taxes remained unpaid the property would go into delinquent status putting the property at risk of being sold at a tax sale. Staff believe that it is highly unlikely that the matter would proceed to that point. Given this, the cost and risk to the City is relatively low.
Legal Implications
Council is provided with authority under Section 72 of the Community Charter to identify, declare and take action to correct nuisances and hazardous situations by employing a Remedial Action Order. The authority to make such declarations under Section 72 are further defined by Section 73 (hazardous conditions) and Section 74 (nuisances). Council’s authority includes the ability to require a property owner to correct the nuisance and hazardous conditions on their property by a specified date. Once such notice of the declaration has been provided to the Property Owner, those affected are permitted to request a reconsideration by Council. Failure by the property owner to meet such a requirement then allows Council to direct staff and contractors to enter onto the property to remediate all elements of the declared nuisance and hazardous condition.
Strategic Plan Alignment
The proposed action aligns with Council’s vision of providing good governance to the community.
Options
Option 1
a) THAT Council declares the “Property” having a civic address of 840 Arncote Avenue, Langford BC and legally described as LOT 3, SECTION 111, ESQUIMALT DISTRICT, PLAN 10901 [005-052-254] (the “Property”) to be a nuisance pursuant to Section 74(1) and Section 74(2) of the Community Charter, due to accumulations of contaminated and combustible building demolition waste, rubbish and debris; AND
b) THAT Council declares the “Property” having a civic address at 840 Arncote Avenue, Langford BC and legally described as LOT 3, SECTION 111, ESQUIMALT DISTRICT, PLAN 10901 [005-052-254] (the “Property”) is in an unsafe condition due to accumulations of contaminated and combustible building demolition waste, including asbestos, lead paints and other debris on the site and is therefore a hazard pursuant to section 73 of the Community Charter; AND
c) That Council impose a Remedial Action Order in the form as attached, subject to any revisions recommended by legal counsel: AND
d) THAT Council direct staff to notify the “Property Owner” and any registered charge holders of these declarations and the requirement contained in Council’s Remedial Action Order that they as the Property Owner, must work to remove all rubbish, debris and accumulations of combustible demolition waste containing environmental contaminants, and that if such remedial action is not completed by the Owner to correct the nuisance and hazard within 30 days of Council’s Remedial Action Order being served on the “Property Owner,” the City, by its staff and others, will enter the Property to complete the required work at the Owner’s expense pursuant to section 17 of the Community Charter; AND
e) THAT Council direct staff to notify the Property Owner that as a person subject to the requirement of the Remedial Action Order, they may request reconsideration by Council in accordance with section 78 of the Community Charter.
OR Option 2 THAT Council make no declarations and impose no remedial action requirements on the property owners of the parcel having a civic address of 840 Arncote Avenue at this time.
Submitted By
SUBMITTED BY: Lorne Fletcher, Manager, Community Safety & Municipal Enforcement
Concurrence:
Melisa Miles, Manager of Legislative Services
Concurrence:
Donna Petrie, Senior Manager of Communications & Economic Development
Concurrence:
Chris Aubrey, Fire Chief
Concurrence:
Matthew Baldwin, RPP, MCIP, Director of Development Services
Concurrence:
Leah Stohmann, RPP, MCIP, Director of Community Planning and Climate Change
Concurrence:
Katelyn Balzer, P.Eng., Director of Engineering and Public Works
Concurrence:
Michael Dillabaugh, CPA, CA, Director of Finance
Concurrence:
Marie Watmough, Director of Legislative & Protective Services
Concurrence: Braden Hutchins, Deputy Chief Administrative Officer
Concurrence:
Darren Kiedyk, Chief Administrative Officer
Attachments:
- Schedule A: Building Materials Environmental Assessment at 840 Arncote Avenue
- Schedule B: Remedial Action Order – 840 Arncote Avenue
- Photos: Property Photos – 840 Arncote Avenue