Staff Report to Council: Correcting Nuisance Conditions – 810 Arncote Avenue

Staff Report to Council

DATE: Tuesday, February 17, 2026
DEPARTMENT: Community Safety and Municipal Enforcement
SUBJECT: Correcting Nuisance Conditions – 810 Arncote Avenue

EXECUTIVE SUMMARY:

The purpose of this report is to seek a declaration of a nuisance against those lands at 810 Arncote Avenue, Langford BC (the “Property”), legally described as PID: 031-861-288 LOT 1, SECTION 111, ESQUIMALT DISTRICT, PLAN EPP125536.

The Property, owned by Langford Gateway Developments Inc. (the “Property Owner” or “Owner”), has been the subject of public complaints for unsightliness, unsecured 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 inspections and ongoing monitoring by Bylaw Officers, the conditions of the vacant structures on the Property continue to deteriorate and remain in violation of the City’s bylaws.

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

BACKGROUND:

Sections 72 and 74(1)(a) of the Community Charter authorize Council to declare a building or other structure to be a nuisance and to impose remedial action requirements in relation to that nuisance. Section 74(2) expands this authority to include situations where a thing is considered by Council to be so dilapidated or unclean as to be offensive to the community.

A remedial action order would require the property owners to take the steps necessary to abate the nuisance. In this case, that would include removal of all vacant buildings and accessory structures, removal of all debris, chattel, graffiti, and rubbish from the site, and remediation of the lands to prevent further nuisance activity. Council may also wish to require the site to remain securely fenced so that it does not become a gathering place or subject to problematic trespass.

The Property is a seven-parcel land assembly that includes both occupied and vacant dwellings. The dwellings located at (former) 2647 Sunderland Road, 820 Arncote Avenue, and 2640 Peatt Road remain legally occupied and are not the source of the ongoing nuisance issues. The vacant dwellings at (former) 2641 Sunderland Road, 2649 Sunderland Road, 812 Arncote Avenue and 808 Arncote Avenue have been breached by trespassers, subject to graffiti and debris accumulation, and have attracted ongoing nuisance activity. For clarity throughout this report, the former parcel addresses will be referenced when specifying particular locations on the Property (Schedule “B” attached may be useful in identifying these former addresses).

The concerns about the Property have been occurring over an extended period. Bylaw Enforcement files date back to 2023 and document repeated issues involving trespassing, encampments within vacant structures, unsecured buildings, graffiti, and accumulations of rubbish and chattel throughout the Property.

In October and November 2023, Bylaw Officers responded to reports of trespassing and encampments within breached vacant buildings, along with accumulations of rubbish and discarded materials on the lands.

In March 2024, further complaints were received regarding accumulations of broken glass along the driveway and property frontage, creating both an unsightly condition and a potential safety hazard.

Between August and October 2024, the Property was the subject of ongoing Unsightly Premises Bylaw violations related to accumulations of rubbish and chattel, resulting in the issuance of twenty-four (24) Bylaw Offence Notices to the property owners.

Bylaw Enforcement Officers attended the Property on January 9, 2026, and conducted a thorough inspection of all properties within the land assembly. The inspection confirmed numerous violations of the Unsightly Premises and Burning Bylaws, including unsecured vacant buildings, accumulations of debris and discarded materials, graffiti, evidence of squatting, and visibly deteriorated accessory structures.

Several of the vacant dwellings have been breached and show clear evidence of unauthorized occupation, including substantial garbage, chattel, graffiti, and interior damage. Rear and front doors have been left unsecured or broken, windows have been damaged, and sheds and accessory structures are in visible disrepair. These conditions contribute to ongoing trespass, fire risk, dumping concerns and degradation of the surrounding neighbourhood.

To date, no demolition permit applications have been submitted for these structures, and there is no indication that redevelopment will begin soon. The property owners have not undertaken any active management of the conditions on the Property.

Staff believe that remediation of the site by way of demolition of all vacant buildings and accessory structures, removal of foundations and underground services where applicable, and complete removal of all debris and rubbish is the only effective way to resolve the ongoing nuisance on the Property. These actions will address the risks associated with vacant and unsecured buildings and relieve neighbouring residents from the ongoing nuisance.

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 must 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.

The vacant and deteriorated buildings, as set out above, remain in visibly poor condition. The surrounding grounds contain accumulations of rubbish, discarded materials, graffiti, and deteriorated accessory structures, contributing to an unsightly appearance visible from surrounding roadways and adjacent residential properties.

No demolition permits have been submitted, and there is no indication that the Property Owner intends to pursue imminent re-development. As a result, these nuisance conditions are expected to continue indefinitely, placing ongoing demands on City resources and impacting the surrounding community.

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: