Correcting Nuisance Conditions – 2630 Peatt Road

EXECUTIVE SUMMARY

The purpose of this report is to seek direction from Council regarding ongoing nuisance bylaw enforcement issues arising from unsatisfactory conditions at 2630 Peatt Rd, Langford BC (the “Property”), legally described as LOT A SECTION 111 ESQUIMALT DISTRICT PLAN 9793 [005-214-891] [Roll:07509.000] [Plan:9793, Lot: A].

The Property, owned by Langford Gateway Developments Inc. (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.

The Property Owner also owns 840 Arncote Avenue, was declared a nuisance and hazard by Council in December 2024 due to hazardous demolition debris and contaminated waste.

DETAILS / COMMENTARY

Since early September 2025, staff have received complaints, and inspections have confirmed, this vacant lot is being used as a dumping site for garbage, cardboard, plastic, and yard waste. Repeated attempts by the City to contact the Owner have been unsuccessful.

Development permit applications have not been submitted for the Property. 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

• 2024-12-16 – Council declared 840 Arncote Avenue, also owned by Langford Gateway Developments Inc., to be a nuisance and hazard, Remedial Action Order issued to Property Owner.
• 2025-01-21 to 2025-03-31 – Property Owner failed to comply with Remedial Action Order for 840 Arncote Avenue. The City conducted the specified remedial work on the property during this period.
• 2025-09-08 – Complaint: dumping and garbage accumulation at 2630 Peatt Road.
• 2025-09-08 – Inspection: confirms significant accumulations of cardboard, plastic, and yard waste.
• 2025-09-22 – Staff contact CBRE Victoria and Lanyard Group who are facilitating court-ordered sale and learn legal responsibility for maintenance remains with Property Owner.
• 2025-10-09 – Communication attempt to Property Owner requesting cleanup or granting of City access for remedial work; no response received.
• 2025-10-20 – Inspection: additional dumping and worsening unsightly conditions.
• 2025-10-23 – Final notice issued to the property owner advising that failure to contact the City or bring the property into compliance will result in a nuisance staff report to Council.

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 2630 Peatt Road. The property has remained vacant for approximately two years, during which time numerous nuisance issues have persisted. These include 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.

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, 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 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—including 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 civic address of 2630 Peatt Rd, Langford BC (the “Property”) and legally described as LOT A SECTION 111 ESQUIMALT DISTRICT PLAN 9793 [005-214-891] [Roll:07509.000] [Plan:9793, Lot: A] 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 2630 Peatt Road at this time.

SUBMITTED BY

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

Concurrences

• Lorne Fletcher, Manager, Community Safety & Municipal Enforcement
• Melisa Miles, Manager of Legislative Services
• Chris Aubrey, Fire Chief
• Leah Stohmann, RPP, MCIP, Director of Development Services, 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- 2630 Peatt Road
• Schedule B: Property Photos - 2630 Peatt Road