December 2, 2019 - Minutes (Special)

Place:

Anderson Room
Richmond City Hall

Present:

Mayor Malcolm D. Brodie
Councillor Chak Au
Councillor Carol Day
Councillor Kelly Greene
Councillor Alexa Loo
Councillor Bill McNulty
Councillor Linda McPhail
Councillor Harold Steves 
Councillor Michael Wolfe

Corporate Officer – Claudia Jesson

Call to Order:

Mayor Brodie called the meeting to order at 4:00 p.m.

RES NO.

ITEM

COMMUNITY SAFETY DIVISION

1.

12620 No. 3 Road - Nuisance Structure and Appeal of Order to Comply 
(File Ref. No.: 12-8080-05 ) (REDMS No. 6324094 v. 3)

A memorandum on the recent inspection of the subject site was distributed (attached to forming part of these minutes as Schedule 1).

Staff spoke on the nuisance structure at 12620 No. 3 Road, noting the following:

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a nuisance designation typically addresses the dilapidation of a property and not necessarily its structural integrity;

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the subject property has received numerous complaints since 2011 and the previous attempts to bring the property into compliance have been unsuccessful;

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estimated costs for demolishing the house and associated residential structures is approximately $80,000, which will be at the owner’s expense;

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the empty swimming pool on-site is considered a potential hazard and Richmond Fire-Rescue (RFR) has ordered the owner to properly secure the swimming pool or fill it in;

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staff were not able to find historical permits related to the restoration of the property; and

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the boarding of the house on-site was not completed.

Cyrille Panadero, counsel to Michael Fairhurst and Michael Fairhurst provided additional documents on the matter (copy on-file, City Clerk’s Office). Mr. Panadero advised that Mr. Fairhurst has expressed that he wishes to abandon his appeal to the order to comply and requests a deadline extension to January 2, 2020 in order to bring his property into compliance. Mr. Panadero noted that Mr. Fairhurst is in the process of bringing the property into compliance and advised of the measures taken by Mr. Fairhurst, including (i) removing the fallen tree on the property, (ii) contracting a garbage bin on-site, (iii) contracting clean up services, (iv) installing fencing around the swimming pool and (v) placing valuable items into storage.

Mayor Brodie spoke on the proposed extension and expressed that extending the compliance deadline to February 1, 2020 would be appropriate.

Discussion ensued with regard to (i) the structural integrity of the house, (ii) removal of larger items on-site, (iii) suitability of house to be restored, (iv) potential designation of the house as a heritage property, and (v) previous attempts to bring the property into compliance.

In reply to queries from Council, Mr. Fairhurst noted that (i) the site is an active farm and some of the equipment on-site is used for farming, (ii) his mother is an owner and he intends to retain and restore the house, (iii) a permit for electrical work was recently granted, and (iv) he resides in a difference residence but spends time on the subject property to do restoration work.

In reply to queries from Council, staff noted that (i) the site is taxed according to its farm status, (ii) the storage containers on site are considered an accessory building and require permits, (iii) RFR has habitable occupation standards for conditions inside houses, and (iv) the remediation process of a heritage property would differ compared to the remediation of the subject property.

SP19/12-1

It was moved and seconded

(1)

That a nuisance declaration for the house and associated residential structures, including sheds and outbuildings, at 12620 No. 3 Road be referred back to staff and that staff continue to monitor the property and report back should additional violations require City enforcement; and

(2)

That the Order to Comply issued for contraventions of Unsightly Premises Regulation Bylaw No. 7162 related to the property at 12620 No. 3 Road be effective February 1, 2020.

The question on the motion was not called as staff were directed to seek permits for the associated residential structures.

Discussion ensued with regard to (i) working with the property owner on boarding the house, (ii) extending the deadline for compliance, and (iii) the estimated costs to restore the property.

As a result of the discussion, the following amendment motion was introduced:

SP19/12-2

It was moved and seconded

That Part (2) of the motion regarding the Order to Comply be amended to remove the phrase “effective February 1, 2020” and be replaced with the phrase “for immediate enforcement.”

The question on the amendment motion was not called as discussion ensued with regard to providing the property owner additional time to work towards compliance.

The question on the amendment motion was then called and it was DEFEATED with Mayor Brodie, and Cllrs. Au, Greene, Loo, McNulty, Steves and Wolfe opposed.

Discussion then ensued with regard to the works required to bring the property into compliance, and as a result the following amendment motion was introduced:

SP19/12-3

It was moved and seconded

That Part (2) of the motion regarding the Order to Comply be amended to remove the phrase “effective February 1, 2020” and be replaced with the phrase “effective March 1, 2020.”

The question on the amendment motion was not called as staff were directed to examine if the storage containers on-site are in compliance with farming regulations.

The question on the amendment motion was then called and it was DEFEATED with Mayor Brodie and Cllrs. Au, Day, Greene and McPhail opposed.

Mayor Brodie advised Mr. Fairhurst that no additional extensions will be considered and that the City will proceed with enforcement if the property remains non-compliant past the February 1, 2020 deadline.

The question on the main motion was then called and it was CARRIED.

ADJOURNMENT

SP19/12-4

It was moved and seconded

That the meeting adjourn (5:08 p.m.).

CARRIED

Certified a true and correct copy of the Minutes of the Special meeting of the Council of the City of Richmond held on Monday, December 2, 2019.

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Mayor (Malcolm D. Brodie)

Corporate Officer (Claudia Jesson)