10. Exemption from the Demolition
Control Process for 63 Pinhey Avenue Exemption au processus de
démolition pour la propriété située au 63, avenue Pinhey |
Committee recommendation
That Council approve that 63
Pinhey Avenue be exempted from the requirements set out in the Demolition
Control By-law to enable the demolition of the building by the City
without further delays.
Recommandation DU Comité
Que le Conseil approuve la demande
visant à exempter la propriété située au 63, avenue Pinhey de se conformer aux
exigences établies dans le Règlement sur les démolitions, en vue de permettre
la démolition immédiate de l’édifice par la Ville.
Documentation
1.
Councillor
Leadman’s report dated 21 April 2009 (ACS2009-CCS-PEC-0008).
2. Extract
of Draft Minute, 28 April 2009.
Report to/Rapport au :
Council /le Conseil
21 April 2009 / le 21 avril 2009
Submitted by/Soumis par : Councillor/Conseillère Christine Leadman
Contact Person/Personne ressource : Councillor/Conseillère Christine
Leadman, Kitchissippi
613-580-2485, Christine.Leadman@ottawa.ca
Ref N°: ACS2009-CCS-PEC-0008 |
SUBJECT: |
Exemption from the Demolition Control Process for 63 Pinhey Avenue
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OBJET : |
Exemption au processus de démolition pour la propriété située au 63,
avenue Pinhey |
REPORT RECOMMENDATION
That Council approve that 63 Pinhey
Avenue be exempted from the requirements set out in the Demolition Control
By-law to enable the demolition of the building by the City without further
delays.
RECOMMANDATION DU RAPPORT
Que le Conseil approuve la demande visant à
exempter la propriété située au 63, avenue Pinhey de se conformer aux exigences
établies dans le Règlement sur les démolitions, en vue de permettre la
démolition immédiate de l’édifice par la Ville.
BACKGROUND
At the 28 April 2009 meeting of the Planning and Environment Committee, Councillor Feltmate, on behalf of Councillor Leadman, requested the addition and approval of the following motion:
WHEREAS
demolitions of residential dwelling units, located in the former City of
Ottawa, are subject to the Demolition Control process as set out in the former
City of Ottawa Demolition Control By-law;
AND
WHEREAS a residential dwelling unit located at 63 Pinhey Avenue in Kitchissippi
Ward 15 has been vacant and unheated for a lengthy period of time (over six
years), is in a state of disrepair to the extent that the foundation is no
longer structurally sound and the building will eventually implode;
AND
WHEREAS the owner has failed to comply with an Order to Remedy an Unsafe
Building and engineering reports confirm the poor structural condition of the
building and the higher costs of remediation;
AND
WHEREAS the owner has essentially abandoned the property having failed to
respond to the Order and to pay the municipal taxes and any further work
undertaken by the City to address the condition of the building, such as
bracing the foundation walls in lieu of demolishing the building, would add
these costs to the tax arrears;
AND
WHEREAS the requirement to demolish the building is inevitable and proceeding
to demolish the building now will avert the costs of bracing the foundation
thus reducing the tax arrears on the property so that these do not exceed the
remaining value of the property;
AND
WHEREAS the building is not of heritage interest;
THEREFORE
BE IT RESOLVED THAT 63 Pinhey Avenue be exempted from the requirements set out
in the Demolition Control By-law to enable the demolition of the building by
the City without further delays.
DISCUSSION
The Department of Infrastructure Services and Community Sustainability supports the motion in view of the compromised condition of the building structure and its hazardous condition. 63 Pinhey has been vacant and unheated for a number of years and is not of heritage significance. The exemption from the Demolition Control By-law will facilitate and expedite the demolition of the building. In addition, in accordance with the Building Code Act, the municipality will have a lien on the lands for the amount spent on the demolition of the building and restoration of the site.
CONSULTATION
No external consultation was undertaken as this item was added at the meeting.
LEGAL/RISK
IMPLICATIONS
Pursuant to various provisions under the Building Code Act, including Sections 15.4, 15.9, or 15.10, the City, through the Building Code Services Branch, or through the Emergency and Protective Services Branch (Property Standards By-law), as the case may be, order a property owner, upon certain conditions being met, to demolish a building, failing which the City can carry out the demolition. The Building Code Act provides that the City is not liable to compensate the owner, occupant or any other person by reason of anything done by or on behalf of the municipality in the reasonable exercise of its powers.
FINANCIAL IMPLICATIONS
Funds are available in the Building Code Services Branch
operating budget and will be recovered from the owner of the
property.
Building
Code Services will inform the property owner.
EXEMPTION FROM THE DEMOLITION
CONTROL PROCESS FOR 63 PINHEY AVENUE
EXEMPTION AU PROCESSUS DE DÉMOLITION
POUR LA PROPRIÉTÉ SITUÉE AU 63, AVENUE PINHEY
ACS2009-CCS-PEC-0008 Kitchissippi (15)
Moved by P. Feltmate:
That the Planning and Environment
Committee add the following item for consideration at today’s meeting:
· Exemption from the
Demolition Control Process for 63 Pinhey Avenue
CARRIED
Arlene Gregoire, Chief Building
Official, indicated staff’s support for the motion.
Moved by P. Feltmate, on behalf of
Councillor Leadman:
WHEREAS demolitions of residential dwelling units, located in the
former City of Ottawa, are subject to the Demolition Control process as set out
in the former City of Ottawa Demolition Control By-law;
AND WHEREAS a residential dwelling unit located at 63 Pinhey Avenue
in Kitchissippi Ward 15 has been vacant and unheated for a lengthy period of
time (over six years), is in a state of disrepair to the extent that the
foundation is no longer structurally sound and the building will eventually
implode;
AND WHEREAS the owner has failed to comply with an Order to Remedy
an Unsafe Building and engineering reports confirm the poor structural
condition of the building and the higher costs of remediation;
AND WHEREAS the owner has essentially abandoned the property having
failed to respond to the Order and to pay the municipal taxes and any further
work undertaken by the City to address the condition of the building, such as
bracing the foundation walls in lieu of demolishing the building, would add
these costs to the tax arrears;
AND WHEREAS the requirement to demolish the building is inevitable
and proceeding to demolish the building now will avert the costs of bracing the
foundation thus reducing the tax arrears on the property so that these do not
exceed the remaining value of the property;
AND WHEREAS the building is not of heritage interest;
THEREFORE
BE IT RESOLVED THAT 63 Pinhey Avenue be exempted from the requirements set out
in the Demolition Control By-law to enable the demolition of the building by
the City without further delays.
CARRIED