Use of Section 6 to the City of Toronto Act to

Repair Dwelling Municipally Known as 8 Kerr Road

The Corporate Services Committee recommends the adoption of the following report (March22, 1999) from the District Manager, North, Municipal Licensing and Standards and Court Services:

Purpose:

To approve the expenditure of $12,000.00 plus GST to be paid to Four Seasons Building Renovators Limited for work undertaken to carry out repairs necessary to address Toronto Municipal Code, Chapter 210, deficiencies as cited in orders issued to the property owners; such costs to be applied, without interest to the tax rolls and collected in the same manner as real property taxes.

Financial Implications:

Funding Source - Account Number 1000-31230-107731. Although the costs associated with the repairs to the premises are added to the owners' tax account and would not normally have financial implications, the longer repayable period would have an impact as portions of the monies owing would be outstanding for a 10-year period.

Recommendations:

It is recommended that:

(1)Council approve the expenditure of the aforementioned funds plus a contingency amount of $3,000.00 to effect repairs to the subject premises;

(2)Four Seasons Building Renovators Limited be engaged to carry out the repair work required to bring the premises into compliance with the Toronto Municipal Code, Chapter210;

(3)the amount expended be repayable over a 10-year period with no interest or administration charges due to the financial circumstances of the owners; and

(4)if the premises were sold prior to the loan being repaid in full, the outstanding amount repayable prior to completion of the transaction.

Authority:

Subsection 6 of Section 6 of the City of Toronto Act, 1936, as amended.

Background:

The file on this property commenced in October of 1997 as a result of a Council complaint regarding the poor condition of the premises.

This is an owner-occupied single family dwelling. The owners are hearing impaired and currently unemployed.

An Order was sent by registered mail on October 28, 1997, citing the deteriorated exterior conditions. The owners advised in April of 1998 that they were in financial difficulty and could not afford to carry out the work. There were no grant monies available at that time (OHRP). Some minor work was carried out such as removal of debris and obstructions from the eavestroughing.

The concerns of the Councillor regarding the deteriorated conditions have been voiced many times. A decision was made not to proceed with a court action as punitive measures would not produce the desired result and add a further financial burden. The owner proceeded to look into the grant programmes further but did not follow through with obtaining estimates. It was therefore necessary to prepare an Order Procedure (first step in using Section 6 as a remedial measure) to enable the City to step in to carry out the work.

The owner then applied for RRAP but no funding was available. The Order Procedure was confirmed at the Housing Standards Appeal Committee on November 26, 1998 and has not been appealed to the Ontario Court (General Division).

Discussion:

In accordance with advice from Legal Services, we are reporting this matter to the Corporate Services Committee for instructions. It has been the policy of this department for many years to report to the former City of Toronto Executive Committee for approval prior to proceeding with the work.

Three estimates were requested and submitted as follows:

Although Four Seasons Building Renovators Ltd. is not the lowest bidder, their itemized work plan more adequately covers the required work and is the recommended contractor.

There are no outstanding taxes and all encumbrancers have been notified.

In order to remedy the situation and alleviate the concerns of the Councillor and the community, it is necessary to proceed under the authority provided in the City of Toronto Act and carry out the required work.

Due to the financial restrictions on the owners and to minimize the burden to them, it is recommended that as long as the current owners still own the property, they be allowed to repay the costs expended over a 10-year interest free period. However, the full amount of the costs expended will immediately be registered as a lien against the property in accordance with the Act.

Reviewed by:

James Ridge

Executive Director

Municipal Licensing and Standards

397-4634

Diana Dimmer, Director of Litigation

Legal Services

392-7229.