Staff Report: Correcting Nuisance Conditions – 902 and 906 Dunford Avenue

Executive Summary

The purpose of this report is to seek direction from Council with regard to ongoing bylaw enforcement issues arising from unsatisfactory conditions of the properties with civic addresses of 902 and 906 Dunford Avenue, Langford BC (the “Properties”) and legally described as LOT 1, SECTION 79, ESQUIMALT DISTRICT, PLAN EPP123538 [031-801-293].

The Properties are owned by 1318296 BC Ltd. (the “Property Owner” or “Owner”) and have been the subject of public complaints for unsightliness, unsecure premises, trespassing, and graffiti, among others. These conditions present a persistent nuisance to the neighbourhood, causing visual blight, inviting trespasses, fire risk and unauthorized dumping. Despite repeated inspections, issuance of multiple warnings, compliance orders, Bylaw Offence Notices (BONs), and enforcements actions, the Property Owner has failed to reliably manage the site or remediate ongoing nuisances. The City’s ongoing and numerous efforts have resulted in very limited success.

Staff are seeking a declaration from Council that recognizes the properties as a Nuisance pursuant to Sections 72 and 74 of the Community Charter and asking that Council impose remedial action requirements.

Staff recognize that these are two of a number of properties in the City which have been slated for redevelopment but where no progress has been made. The Construction Liaison Officer position will continue to work with developers and property owners to limit the negative impact of these vacant properties both on residents and the City as a whole.

Background

Section 64 of the Community Charter sets out that council can exercise its authority to regulate, prohibit or impose requirements in respect of, including but not limited to, 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 subject Properties meet this definition.

Section 74 of the Community Charter provides that a council may declare something to be a nuisance and to impose remedial action requirements in relation to that nuisance. In addition to the listed descriptors, section 74 (2) clearly states that a nuisance applies to things that councils consider to be so dilapidated or unclean that they are offensive to the community. A remedial action order would require the owner to take the steps necessary to abate the nuisance. In this case, that could include removal of the vacant structures, clean up of all debris and filling in any excavations to prevent accumulation of water on the site. Council may also wish to require the site to remain securely fenced so that it does not become a gathering place.

The Properties in question have been the subject of a variety of complaints since November 2023. Neighbouring residents have reported a multitude of issues arising from the condition of the properties at 902 and 906 Dunford Avenue. The two lots contain nine vacant structures, including houses, garages, and outbuildings. These structures have deteriorated as a result of being left vacant and have been broken into to create space to camp and hang out, leading to ongoing neighbourhood concerns.

City staff have made repeated efforts to work with the Owner to secure the buildings and fencing to prevent trespassing, unlawful occupation, graffiti, and dumping. However, incomplete maintenance by the Owner has resulted in recurring issues requiring significant staff time.

Numerous inspections have been conducted, and Bylaw Offence Notices (BONs) have been issued under Section 13 of the City of Langford Burning and Fire Regulation Bylaw No. 1532, 2014, which prohibits leaving unoccupied buildings unsecured. Temporary compliance has been achieved at times but this status has not been maintained.

To date, no demolition permits have been submitted for the parcels, and there is no indication that redevelopment will begin soon, despite the Owner removing a large arbutus tree in February 2023 in preparation for the proposed project.

Staff believe that remediation of the site by way of demolition of all buildings and removal of all foundations and underground services on the Property is the only effective way to resolve the ongoing nuisance. In addition, these actions address the risks associated with vacant and unsecured structures, and relieve the neighboring residents from the ongoing burden of the issues arising directly as a result of the current condition of the properties.

Chronology

• 2023-11-22 – Complaint received: vacant properties are unsightly and unsecured. Officers found open doors/windows, gaps in fencing, garbage and discarded items inside, and signs of unauthorized persons living in the structures.
• 2023-11-24 – Inspection: Property Owner contacted to secure the Property against unauthorized entry. Some boarding was completed, but with several boards appearing to have been recently removed, indications are the Property is being repeatedly breached.
• 2023-12-22 – Inspection: Property fully secured with boarded doors/windows, locked gates, and “No Trespassing” signs.
• 2023-12-27 – Inspection due to new complaint: persons entering vacant properties, scattering items over the lots. Officers observed multiple points of entry.
• 2024-01-25 – Inspection: sheds unsecured, garbage/chattel increased. Property Owner requested to secure and clean.
• 2024-02-10 – Inspection: construction fencing installed, and Property cleaned.
• 2024-07-09 – Fence breached; buildings unsecure. Property Owner contacted to re-secure Property.
• 2024-07-19 – Complaint regarding hole in fence and increased unhoused activity. Property Owner contacted.
• 2024-07-26 – Compliance letter issued, Owner ordered to repair fence, remove graffiti, remove garbage, and secure structures.
• 2024-08-09 – Inspection: graffiti and garbage remain. Fines issued for accumulated debris and graffiti.
• 2024-08-17 – Inspection: no efforts made to remedy violations. Additional fines issued. Property Owner contacted regarding demolition plans.
• 2024-08-27 – Discussion with the Owner about fencing adjustments to deter camping as unhoused began to use the area of the Property between the fence and property boundary (the “Frontage”) to congregate on.
• 2024-09-04 – Inspection: Frontage remains a place of camping, accumulations of debris observed. Property Owner asked to take action.
• 2024-09-07 – Officers attended; fencing extended to Property line. Garbage and graffiti remain; Property Owner asked to address.
• 2024-09-13 – Inspection: graffiti, rubbish, and chattel on eastern edge still not removed. Property Owner contacted.
• 2024-09-27 – Inspection confirmed graffiti and chattel remain. Compliance order issued.
• 2024-10-05 – Inspection: graffiti and garbage still present; fine issued for unsightly property.
• 2024-11-21 – Inspection: windstorm knocked down fence; several breaches, unauthorized occupation, graffiti, and debris noted. Property Owner ordered to remediate.
• 2025-01-18 – Inspection: graffiti removed; excavators and workers on site removing debris from several demolished outbuildings. Complaints received regarding debris sitting for several weeks.
• 2025-02-01 – Remaining debris pile removed.
• 2025-03-17 – Inspection: fences breached, five buildings unsecured; unauthorized occupant living in garage. fines issued.
• 2025-04-26 – Inspection: multiple structures breached; rubbish/chattel accumulated. Property Owner ordered to secure and clean.
• 2025-07-22 – Inspection: gaps in perimeter fencing; 3 buildings breached, signs of unauthorized occupation, fires, garbage. Four fines issued.
• 2025-08-05 – Inspection: outbuilding still unsecured; fine issued. Fencing gap remains.
• 2025-08-20 – Fence removed. New garbage observed; Property Owner asked to clean Property and reinstall fencing.
• 2025-08-26 – Inspection: fence re-instated but gaps in perimeter fencing remain. Accumulations of rubbish and items remain unaddressed. An individual is found residing in outbuilding. Fine issued and Property Owner ordered to remove garbage/items and secure outbuilding.

Bylaw Offence Notices (BON) Summary

The following table summarizes all tickets that have been issued for the violations of the Unsightly Premises Bylaw 1887 and City of Langford Burning and Fire Regulation Bylaw No. 1532.

These penalties (fines) were issued under the City Bylaw Offence Notice (BON) system. Photographs of the condition of the Property were taken and recorded in the enforcement file as evidence supporting each BON issued. Several of these photographs have been attached as Schedule B to this staff report. Staff have continued to field at least one complaint per week reported by different residents.

Commentary

Section 72 of the Community Charter provides municipal Councils with the authority to identify, declare and take action to correct nuisances and hazardous situations on private land by issuing a remedial action order.

Council’s authority includes the ability to require a property owner to correct the declared nuisance 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 led to the declaration of the nuisance. Where the City has to undertake the work, the legislation allows the costs of the remedial work to be charged to the property owner, and if 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 or corporation subject to the requirement. Should Council proceed with declaring the property a nuisance, staff will be responsible for ensuring the appropriate and necessary steps are taken to carry out Council’s direction. Once notice of the order has been provided to the property owner, a reconsideration by Council may be requested by the property owner. 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 repeated inspections, neighbourhood complaints, education and enforcement actions by the City, the Property Owner has failed to take proactive measures to reliably and regularly manage and secure the site at 902 and 906 Dunford Avenue. The properties have remained vacant for approximately two years, during which time numerous nuisance issues have persisted. These include repeated illegal dumping, graffiti, trespassing, unauthorized occupation, and general unsightliness, all of which have contributed to ongoing concern and frustration among nearby residents. Complaints have been received on a regular basis, with staff conducting repeated site inspections, issuing multiple bylaw tickets, and attempting to communicate with the Property Owner, yet no substantive action has been taken to address the conditions.

There is no indication that the Property Owner intends to demolish the remaining structures or pursue any imminent development, meaning these nuisance conditions are anticipated to continue indefinitely. The ongoing neglect of the Property not only undermines the character and safety of the surrounding neighbourhood but also imposes a continuing demand on City resources.

A Remedial Action Order passed by Council in the form as attached as Schedule “A” 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 steps required.

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 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, 2026. This date accounts for the necessary time required for steps that advance the remedial process. As a result, the work as described above would most likely take place in early 2026.

At this time, the City has not solicitied a cost estimate for the works required to satisfactorily remediate the Properties. If costs accrued are transferred to property taxes, the taxation accounts are subject to the same process as any other taxation account. For example, penalties and interest may be applied to the account and the properties may be eligible for tax sale if the account becomes delinquent. As such, staff are not concerned about the City’s ability to recoup the costs associated with the remediation.

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 74 (nuisances). Once such notice of the declaration has been provided to the property owner, those affected are permitted to request reconsideration by Council. Should Council uphold their decision, the property owner is then required to comply with the order.

Failure by the property owner to fulfill the terms of the order would result in staff and contractors entering onto the property to remediate all elements of the declared. Further remedies could include eventual sale of the property by the City through the authority of Section 80 of the Community Charter should the City be obliged to proceed with completing the remedial work where the property owner fails to do so, and where payment by the property owner for the work is not forthcoming. Further research into the application of this extraordinary remedy would be needed before this step was taken.

Strategic Plan Alignment

5 – Good Governance.

Options

The staff recommendations appear as formal Council motions below.

Option 1
a) THAT Council declares the property having a civic address of 902 and 906 Dunford Avenue, Langford BC and legally described as LOT 1, SECTION 79, ESQUIMALT DISTRICT, PLAN EPP123538 [031-801-293] (the “Property”) to be a nuisance pursuant to Section 74(1) and Section 74(2) of the Community Charter, due to the continued presence of vacant and unsecured buildings that are to be considered so dilapidated or unclean as to be offensive to the community;
AND
b) THAT Council impose a Remedial Action Order in the form as attached, subject to any revisions recommended by legal counsel;
AND
c) THAT Council direct staff that if such remedial action is not completed by the Property Owner within 60 days of Council’s Remedial Action Order being served on the Property Owner, the City, by its staff, contractors and agents, will enter the Property to complete the required work at the Owner’s expense pursuant to Section 17 of the Community Charter;


OR Option 2
THAT Council take no action with respect to making a declaration or imposing remedial action requirements on the Property Owner of the parcel having a civic address of 902 and 906 Dunford Avenue at this time.

Submitted By

Lorne Fletcher, Manager, Community Safety & Municipal Enforcement

Concurrence:
Melisa Miles, Manager of Legislative Services
Donna Petrie, Senior Manager of Communications & Economic Development
Chris Aubrey, Fire Chief
Matthew Baldwin, RPP, MCIP, Director of Development Services
Leah Stohmann, RPP, MCIP, Director of Community Planning and Climate Change
Katelyn Balzer, P.Eng., Director of Engineering and Public Works
Michael Dillabaugh, CPA, CA, Director of Finance
Marie Watmough, Director of Legislative & Protective Services
Braden Hutchins, Deputy Chief Administrative Officer
Darren Kiedyk, Chief Administrative Officer

Attachments:

• Schedule A: Remedial Action Order- 902 and 906 Dunford Avenue
• Schedule B: Property Photos - 902 and 906 Dunford Avenue

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Schedule A: Remedial Action Order — 902 and 906 Dunford Avenue

CITY OF LANGFORD
REMEDIAL ACTION ORDER
TO ORDER THE REMOVAL OF NUISANCE BUILDINGS AND UNSIGHTLY MATERIALS FROM A CERTAIN PROPERTY

WHEREAS:
A. 1318296 BC Ltd. (the “Owner of the Property”) is the registered owner in fee simple and occupier of lands and premises located in the City of Langford, having a civic address of 902 and 906 Dunford Avenue, Langford BC and legally described as LOT 1, SECTION 79, ESQUIMALT DISTRICT, PLAN EPP123538 [031-801-293] (the “Property”);

B. There is an ongoing absence of reliable securement of buildings and perimeter of the Property which allows for incidents of persistent entry by unauthorized persons for the purposes of unauthorized occupancy, the dumping of refuse and debris, as well as the proliferation of graffiti on the site, all of which the municipal council (“Council”) of the City of Langford (the “City”) considers to be offensive, unsightly and a nuisance, and not in keeping with the standards of the community;

C. Repeated efforts by City staff to cause the Owner of the Property to remove and otherwise clean up the Property and to mitigate the nuisance have failed to achieve tangible results.

NOW THEREFORE COUNCIL OF THE CITY OF LANGFORD IN OPEN MEETING ASSEMBLED HEREBY RESOLVES AS FOLLOWS:

1. Council declares the persistent entry by unauthorized persons to both the property and structures for the purposes of unauthorized occupancy, dumping of refuse and debris as well as the defacing graffiti to be a nuisance pursuant to the Community Charter Section 74(1) and 74(2).

2. Council orders the Owner of the Property, 1318296 BC Ltd., to demolish all buildings and remove all foundations, underground services and related debris from the Property.

3. Council orders that the Owner of the Property must comply with the requirements of Section 2 of this Order within 60 (sixty) days from the date on which this Order is served upon the Owner of the Property.

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4. Council orders that should the Owner of the Property fail to comply with the requirements of Section 2 of this Order within 60 (sixty) days from the date on which this Order is served upon the Owner of the Property, the City may through its employees, agents, or contractors, enter upon the Property and carry out the work necessary to satisfy the requirements of Section 2 of this Order at the expense of the Owner of the Property pursuant to Section17 of the Community Charter.

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Mayor
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Corporate Officer
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Schedule B: Property Photos — 902 and 906 Dunford Avenue