H.W. Osmond Doyle, LL.B., LL.M.
City Solicitor
Legal Services
100 Queen Street West
14th Floor, West Tower, City Hall
Toronto ON M5H 2N2
Tel: (416) 392-8047
Fax: (416) 392-0530
February 4, 1999
To:Scarborough Community Council
From:H.W.O. Doyle
Subject:Derelict Building
n/e corner of Brimley Road & Sheppard Avenue East
4430 - 4438 Sheppard Avenue East & 2095 Brimley Road
Ward 18 - Scarborough Malvern
Purpose:
To report as requested by Scarborough Community Council at its meeting held on January 20,
1999, with respect to actions which can be taken to facilitate the completion or demolition of
the derelict building located at the northeast corner of Brimley Road and Sheppard Avenue
East. The City Solicitor was also requested to investigate and report on the ownership of the
property.
Funding Sources, Financial Implications and Impact Statement:
There may be substantial future costs depending on the course of action decided by City
Council.
Recommendations:
For information.
Council Reference/Background/History:
At its meeting held on January 20, 1999, Scarborough Community Council considered the
report of the Director and Deputy Chief Building Official dated December 23, 1998 with
respect to the derelict building located on the subject property.
Staff of Planning, Building, Municipal Standards, Economic Development and Legal
Divisions met to try to determine an affirmative action plan.
Pursuant to Community Council's direction, extensive searches are underway in the Land
Titles Office and the Court offices to ascertain the legal status of the property. At the time of
the writing of this report, the results of the searches have not been received but if the
information is available, Community Council will be briefed at the meeting.
The Deputy Chief Building Official advises that the building permit for the structure will be
revoked on February 5, 1999 pursuant to S.8(10)(c) of the Building Code Act which provides
that a building permit may be revoked where the construction of the building is substantially
suspended or discontinued for a period of more than one year. This decision is subject to
appeal within 20 days to a judge of the Ontario Court.
The East District Manager of Municipal Standards advises that on revocation of the building
permit, expiration of the appeal period and subject to ascertaining all parties with an interest
in the property, a Notice to Comply to demolish the building will be issued pursuant to By-law
20483 of the former City of Scarborough.
If the building has not been demolished within 6 weeks of the Notice, an Order to Comply
will issue. As there are rights of appeal, it may be at least a year before any action can be taken
by the City.
At that time, Municipal Standards would be in a position to report to Council requesting
authority to demolish the building. In view of the magnitude of the structure, the demolition
would likely be subject to public tender. The cost is estimated to be at least $300,000.00+.
The City can recover its expenses in a like manner as municipal taxes. The problem is that the
outstanding mortgages, liens plus the recovery of the demolition costs may exceed the value
of the land, thereby hampering its sale to a bone fide purchaser.
If the legal status of the property is contentious, the City will become involved in legal actions
which could be lengthy and costly and which will also hamper any potential sale and
completion of the building.
Staff are aware of 2 recent situations involving derelict buildings. In Ajax a tax sale was
initiated with respect to Verona Mall. Before the matter was finalized, the property was sold
and the Town and the new owner are currently cooperating to develop the property.
An office building near the intersection of Don Mills Road and Eglinton Avenue East
remained incomplete for a substantial period of time, was partially demolished and converted
into a place of worship a few years ago. Staff are currently trying to determine what actions
were taken by the former City of North York to deal with this situation and will be in a
position to report further at the Community Council meeting.
With respect to the possible completion of the building, the Economic Development Division
advises that they are prepared to assist the owner and any potential purchaser of the property
to develop and complete the site in an appropriate manner. The property is privately owned
and, therefore, it is difficult, if not impossible, for the City to take action to complete the
building.
Conclusions:
Although the derelict building is unsightly, it is structurally sound. Action can be taken to
have the building demolished, however, if the City is to proceed with such action, substantial
costs will be involved. The accompanying legal proceedings are likely to be complicated and
lengthy. Staff are working to obtain more information to assist Community Council and this
information should be available for the meeting on February 17, 1999.
Contact Name:
Anna Kinastowski, Director
Planning & Administrative Tribunal Law
(416) 392-0080
(416) 392-0005 (fax)
akinasto@toronto.ca
H.W.O. Doyle
City Solicitor
Legal Services
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