January 5, 1999

To:North York Community Council

From:Commissioner, Urban Planning and Development Services

Subject:8 Creston Road, North York Spadina, Ward 8

Purpose:

To respond to the request of the North York Community Council for a report to be completed for a permanent solution to By-Law Violations at the subject location.

Source of Funds:

Not applicable

Recommendations:

1)That Urban Planning and Development Services, Municipal Licensing and Standards Division, North district, continue to use its current authority under Debris By-Law 30921, Sections 6 and 7 which provide:

(6)ASubject to the provisions of Section 7 hereof, wherever this by-law directs or requires anything to be done, in default of it being done by the person directed or required to do it, such thing may be done under the direction of a Municipal Law Enforcement Officer at the expense of such person and the Corporation may recover the expenses incurred in doing it by action or the same may be recovered in like manner as municipal taxes.@

(7)AAt least 7 days before proceeding under Section 6 hereof, the Municipal Law Enforcement Officer shall give written notice to the owner of the property informing the owner of his intention to proceed, which notice may be either delivered to the owner in person or sent by prepaid ordinary mail to the owner at the address shown for him on the last revised assessment roll and such mailing of the notice shall be deemed to be good and sufficient delivery of the same to the owner.@

2)in this chronic situation, a competent contractor be engaged to remove the debris immediately upon expiry of any 7-day Notice

3)in conjunction with the action taken under Section 6, Urban Planning and Development Services continue to lay charges through the Ontario Court (Provincial Division), requesting appropriate relief which may include fines, Probation Orders, etc. and follow-up with the collection of any fines.

Background:

At its meeting held on May 6, 1998, clause 27 (h) was adopted by the North York Community Council addressing the Notice of Motion by Councillor Moscoe re the numerous by-law violations including the ongoing problems experienced with garbage on the property.

Current Status:

The owners were fined on November 13, 1998, $4000.00 and $2000.00 respectively x 3 charges for a total of $18,000.00. Collection proceedings will be commenced on the due date of the fines.

The inspector attended the site recently with the assistance of the Toronto Police Services to determine the condition of the property in order to proceed with debris removal, if required. The premises were written up for violations of the Property Standards By-Law at that time. The debris situation had improved dramatically.

Comments:

Chronic situations such as 8 Creston Road exist throughout the whole City of Toronto. All current By-Laws as well as the proposed harmonized By-Law cite the necessity of notifying the owner (as defined) to resolve the problem by removing the accumulation of refuse.

The requirement of a Notice is written into the North York By-Law based on Section 326 of the Municipal Act Awhere a council has authority to direct or require by by-law or otherwise that any matter or thing be done, the council may by the same or by another by-law direct that, in default of its being done by the person directed or required to do it, such matter or thing shall be done at the person=s expense, etc. The 7-day time limit is provided as being a reasonable period for the owner to clean and clear the premises.

Given the authority of the Municipal Act, it is not necessary to obtain convictions in Court prior to the City cleaning up the premises.

A Court Order would provide for the same relief as the City currently has under the Municipal Act. The Courts generally refer to the legislation under which an application is made to determine the remedial measures available to the City and would not be receptive to ordering a more stringent measure or a Amore permanent solution@ especially in a debris situation.

Conclusion:

There is no real permanent solution to stopping the actions of chronic offenders such as these owners. The City=s solution is to enforce its By-Law in cases such as this in anticipation that the cost of clean-ups and fines will eventually impress upon the owners the impact they are having upon their own lives as well as others in the community.

This matter has been discussed with Corporate Services, Legal Division, who concur with the recommendations.

Contact Name:Donna Perrin, North District Manager

Municipal Standards and Court Services

395-7020

Reviewed by:James Ridge, Executive Director

Municipal Licensing and Standards, 397-4634

Diana Dimmer, Corporate Services, Litigation

392-7229

George Bartlett, Corporate Services, Prosecutions

VIRGINIA M.. WEST

Commissioner

Urban Planning and Development Services