May 24, 2012
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Millwood mismanagement

How should private property neglect be addressed?

JOHN PARKER

Ward 26 Councillor

JOHN PARKER Ward 26 Councillor

THE VACANT PROPERTY at 851 Millwood has had a giant question mark hanging over it for more than a year now, as area residents have wondered why it has been allowed to persist in a state of obvious neglect. The fact that the excavated portion of the property filled up with water only increased the understandable level of concern.

I have had the same questions and concerns myself and have delivered them repeatedly to the city’s department of municipal licensing and standards (the officials responsible for enforcing compliance bylaws).

To make a long story short, the owner had taken steps to prepare the site for construction before obtaining an actual building permit. There was nothing illegal about doing that. The problem arose when the owner then abandoned the project — and the building application process — after demolishing the former building but before doing anything else to the site.

The city secured the site, with the fence that has been there ever since, but has been shy to take any other action. Instead, the city has been pursuing legal action against the owner to compel steps to fill the excavation, grade the site and install plantings to stabilize the soil. The matter is due to go to court in May.

I have pressed staff to fix the problem before waiting for the court date and to use the court process to deal with questions of liability and cost.

Even that approach, however, requires legal steps in advance in order to secure the city’s position in the inevitable litigation to follow.

I have encouraged the owner to take the necessary steps voluntarily. I am happy to report that, as this article is being written, the owner has begun to do exactly that.

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