Correcting Nuisance Conditions – 976 Dunford Ave

EXECUTIVE SUMMARY

The purpose of this report is to seek direction from Council regarding ongoing nuisance bylaw enforcement issues arising from unsatisfactory conditions at 976 Dunford Ave, Langford BC (the “Property”) and legally described as LOT A, SECTION 79, ESQUIMALT DISTRICT, PLAN 26317 [000-062-057].

The Property, owned by Bharet Enterprises Ltd. (the “Property Owner” or “Owner”), and subject to a court-ordered sale, has attracted a series of public complaints concerning illegal dumping, garbage accumulation, and general neglect. These conditions have created an ongoing nuisance and are inconsistent with community standards for cleanliness and property maintenance.

Despite multiple inspections, warnings, and repeated efforts by staff to contact and motivate the Property Owner, no corrective action has been followed.

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.

BACKGROUND

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. 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. Staff believe that the conditions on the Property meet this definition. A remedial action order would require the owner to take the steps necessary to abate the nuisance. Council may also require that the site remain securely fenced to deter further trespasses and dumping.

Between 2022 and 2023, multiple complaints were received regarding dumping and trespassing on the Property. Despite numerous bylaw enforcement inspections and compliance orders, the Owner has failed to act, and the nuisance conditions persist.

Since September 2025, staff have received more persistent complaints from neighbouring residents about ongoing dumping and trespassing. The site remains unsightly and unmanaged. Repeated attempts to contact the Owner by phone, email, and letter have proven to be unsuccessful.

While the Property was rezoned to the MU2 (Mixed-Use Residential Commercial 2) Zone in 2017, the City has not received any applications for a development permit to develop the site in accordance with that approved zoning.

Due to the ongoing dumping and lack of management, voluntary compliance appears unlikely. Staff believe that remediation of the site by way of removal of all rubbish and discarded items on the Property is the only effective way to resolve the ongoing nuisance. In addition, these actions relieve the neighboring residents from the ongoing burden of the issues arising directly because of the current condition of the properties.

CHRONOLOGY

• 2022-10-23 – Complaint received: trespass activity and accumulation of rubbish and debris
• 2022-10-23 – Inspection: Property found vacant with scattered garbage, shopping carts, and bedding materials indicating unauthorized occupation.
• 2022-10-24 – Ownership confirmed as Bharet Enterprises Ltd. through land title search following recent sale.
• 2022-10-26 – Compliance letter issued, owner ordered to remove accumulated rubbish and maintain the property.
• 2022-11-28 – Compliance letter returned to the City as undeliverable.
• 2023-04-14 – Complaint received: increased dumping and construction of a makeshift shelter. Compliance letter mailed to new address located through Corporate Registry.
• 2023-04-29 – Inspection: No reduction in garbage and chattel accumulation.
• 2023-05-02 – Contact made with property owner by phone and email. Owner committed to arrange cleanup and install deterrents such as fencing and signage.
• 2023-05-22 – Inspection: No action taken. Garbage accumulation worsened. “Dumping Prohibited” sign installed by the City as deterrent. Attempts to contact Owner unsuccessful.
• 2023-06-02 – No response or action by Owner. Attempts to contact Owner unsuccessful. Work Order issued through Engineering to municipal contractor for site cleanup. All rubbish and debris removed. Owner notified that costs will be invoiced and recoverable as property taxes if unpaid.
• 2025-09-26 – Complaint: renewed dumping and garbage accumulation on the vacant property. Inspection confirmed presence of debris throughout the lot. Property noted as under a court-ordered sale but still registered to Bharet Enterprises Ltd.
• 2025-10-10 – Complaints: ongoing unsightly conditions and trespassing. Multiple attempted contacts with the owner and property management company with no response.
• 2025-10-20 – Inspection: continued dumping and accumulation of refuse. No improvements and no response received from Owner. Final Notice letter issued advising that failure to remediate will result in further action by the City.

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 976 Dunford Ave. The property has been an issue for approximately two years with repeated illegal dumping, trespassing 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 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 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.

It should be noted that the City was contacted by the real estate firm engaged to sell the property on October 29, 2025. They have advised that they have authorization from the vendor to clean up the property. Staff are recommending that we proceed with the nuisance declaration in order that we may proceed with the clean up in a timely manner in the event that the realtor or vendor does not.

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 tax account of this property as of December 31, 2026, accounting for time needed for steps to advance the remedial process. With 2025 soon ending, the work as described above would most likely take place in early 2026.

At this time, the City has not sought a cost estimate for the works required to satisfactorily remediate the Property. If costs accrued are transferred to property taxes, all standard property tax rules apply (i.e. interest on arrears and delinquent taxes owing and should the property taxes remain unpaid and delinquent the property would go to Tax Sale). As such, staff are not concerned about the City’s ability to recoup the costs associated with the remediation, even if it is not collected until the Tax Sale process.

LEGAL IMPLICATIONS

Council is authorised under Section 72 of the Community Charter to declare and address nuisances through a Remedial Action Order which is further defined under Section 74.

Once notice is served, the Property Owner and/or charge holders may request reconsideration by Council. If Council upholds its decision and the Owner fails to comply, the City may legally enter the property to complete the required remediation.

If the Owner fails to pay for the work, further remedies under Section 80 of the Community Charter — which includes potential sale of the property, may be considered, subject to additional legal review.

STRATEGIC PLAN ALIGNMENT

5 – Good Governance.

OPTIONS

Option 1

THAT Council declares the property having a civic address of 976 Dunford Avenue, Langford BC and legally described as LOT A, SECTION 79, ESQUIMALT DISTRICT, PLAN 26317 [000-062-057](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 unsightly conditions that are to be considered so dilapidated or unclean as to be offensive to the community; AND THAT Council impose a Remedial Action Order in the form as attached, subject to any revisions recommended by legal counsel; AND THAT Council direct staff that if such remedial action is not completed by the Property Owner within 30 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 976 Dunford Avenue at this time.

SUBMITTED BY

Riley Leach, Construction Impact Officer, Community Safety & Municipal Enforcement

CONCURRENCE

• Lorne Fletcher, Manager, Community Safety & Municipal Enforcement
• Melisa Miles, Manager of Legislative Services
• Chris Aubrey, Fire Chief
• Leah Stohmann, RPP, MCIP, Director of Community Planning and Climate Change
• 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- 976 Dunford Avenue
• Schedule B: Property Photos - 976 Dunford Avenue