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

 

Kitchissippi (15)

Ref N°: ACS2009-CCS-PEC-0008

 

 

SUBJECT:

Exemption from the Demolition Control Process for 63 Pinhey Avenue

 

 

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.

 

DISPOSITION

 

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