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Removal of Litter and Debris
375 Danforth Road - Scarborough Bluffs
The Scarborough Community Council recommends the adoption of the following report (February 3, 1998) from the Commissioner of Planning and Buildings, Scarborough, and further, that the Commissioner of Planning and Buildings, Scarborough, be requested to position concrete blocks on this site, in a manner that would prevent further dumping:
Purpose:
The purpose of this report is to seek Council approval for the clean up of a property known municipally as 375 Danforth Road.
Financial Implications and Impact Statement:
Charges associated with the clean up of a property are charged back to the property owner and are collected in like manner as taxes.
Recommendation:
It is recommended that Council concur in the proposed action by the Commissioner of Planning and Buildings, Scarborough, to remove the litter and debris from the site owned by Keyvan Ontario Limited and known municipally as 375 Danforth Road.
Background/History:
The subject property is located south of the intersection of Danforth and Birchmount Roads. The property has frontage on both streets and currently has a partially demolished building located on the site.
The property has been vacant for a number of years and has been subjected to unauthorized dumping. In this regard, notices under By-law No. 24222, as amended, dating back to early 1995 have been issued to the owner to remove the waste. As a follow-up to these notices, charges with dates of offence of September 5, 1997, September 23, 1997 and December 8, 1997 have been initiated against the owner.
The amount of garbage at the site is increasing almost daily and a number of residents have contacted the division expressing concern. The owner has advised that he is attempting to redevelop the property and, while expressing concern over the amount of debris on the site, will only remove the debris once the final go ahead to develop has been received. In the meantime, tenders have been called for the removal of the debris and these figures will be available prior to the Community Council meeting.
Justification:
Section 9 (1) of By-law No. 24222, as amended, states that:
A Where the owner is in default of doing the matter or thing required to be done under this by-law, the City may: (c) remove debris or litter.@
The authority granted in the by-law is found under Section 326 of the Municipal Act which states:
A 326 Where a Council has authority to direct or require by law or otherwise that any matter or thing be done, the Council may by the same or 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 his expense, and the Corporation may recover the expense incurred by doing it by action, or the same may be recovered in like manner as taxes, or the Council may provide that the expense incurred by it, with interest, shall be payable by such person in annual installments not exceeding ten years and may borrow the money to cover such expense by the issue of debentures of the corporation payable in not more that ten years.@
Contact Name:
Bryan Byng, Supervisor
(416) 396-5341
(416) 396-4266 Fax Number
byng#u#b@city.scarborough.on.ca
The following persons appeared before the Scarborough Community Council in connection with the foregoing matter:
- Mr. Seymour German, Solicitor representing Keyvan Ontario Limited;
- Mr. Joe Mandat;
- Ms. Helen Jensen;
- Mr. John Brickenden.
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