CITY OF TERRACE COUNCIL REPORT. Heather Avison, CAO for Mayor and Council. David Block, Director of Development Services

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1 CITY OF TERRACE COUNCIL REPORT MEMO: FROM: DATE: Heather Avison, CAO for Mayor and Council David Block, Director of Development Services June 26, 2017 SUBJECT: 5107 Agar Avenue: Consideration for Remedial Action Order RECOMMENDATION: It is recommended that following consideration of the property located at 5107 Agar A venue Council deliberate and consider resolving to issue a remedial action order to the owner(s) of this property to address the conditions of the property and the removal from the property of an accessory structure, three unregistered vehicles and numerous other items and miscellaneous materials. The order outlining the specific items requiring remedial action is attached to this report as Appendix A and forms part of this recommendation. BACKGROUND: This report provides a brief history of the issues related to the property at 5107 Agar A venue and the response and proposed actions provided by the owner and the most recent actions undertaken in regards to the property. Following the property history an outline of the remedial action powers available under the Community Charter is included for Council's consideration. Civic Address: 5107 Agar Avenue, Terrace B.C. Legal Description: The West J,f of Lot 13, Block 6, District Lot 611 Range 5, Coast District, Plan 3080 Property Owner(s): Nikifor Federenko (owner/deceased), Nicholas Federenko ( owner/occupier) History: The general character and state of the subject property located at 5107 Agar Avenue has been offensive to many for some time and its state of disrepair and uncleanliness has occupied much staff time and resources. The property at 5107 Agar Avenue has reached a condition that is no longer deemed acceptable or safe for the adjacent property owners and neighborhood. Numerous complaints have been submitted to the City concerning the property with a history of ongoing nuisance and unsightly property issues under the current owners dating back to 1989.

2 There is an extensive history of non-compliance and dilapidation, with no or only slow movement to ameliorate the situation by the owner(s). A significant amount of municipal staff time and resources have been allocated attempting to address ongoing issues related to the condition of the subject property over many years. These efforts have been continuously frustrated by a lack of appropriate activity being undertaken by the owner(s) to address the issues. The chronology in Appendix B notes several site inspections over the years. A recent report is attached from the Senior Building Inspector addressing various code related violations and non-compliance with Provincial regulations and City Bylaws concerning an accessory structure located in the rear yard of the property. The report also comments on the condition of this building/structure and its impact from a safety perspective. See Appendix C where: The Senior Building Inspector notes numerous deficiencies and concludes "there is no economic value to the remaining portion of the structure and due to the encroachment within the required setback on the east side; a building permit for repair cannot be issued. The structure is dilapidated and poses a significant nuisance and hazard to the immediately adjacent residential property; therefore the structure should be demolished". Recent Efforts to Ameliorate the Situation Numerous complaints have been filed concerning this property while Nikifor and Nicholas Federenko have owned it. Since 1989, approximately 11 separate letters have been issued to the owner requiring cleanup of the property. The owner has a history of completing very little, if any, clean-up of this property. Following ongoing nuisance, unsightly and health and safety issues, and a lack of progress by the owners to complete necessary actions required by municipal staff to address these issues, a letter was sent on November 1, 2016 by the Bylaw Compliance Officer ordering a thorough cleanup of the property. The letter highlighted several prioritized items, including items not completed under a prior order issued in 2014 for cleanup of the same items and waste materials. The most recent site inspections by staff indicate the building has only partially been demolished and that the vehicles and nuisance materials and miscellaneous waste remain within the yard. No efforts have been undertaken by Mr. Nicholas Federenko to comply with municipal regulations or with the order to clean up the property issued by the Bylaw Compliance Officer. Photos of the site are provided as Appendix D and include the accessory building and vehicles as well as the yard areas. Community Charter Provisions and Procedures There are a range of options available to Council, including but not limited to: Do nothing; Staff continuing negotiation with property owners; Ticketing and bylaw enforcement in relation to the City's bylaws, for example the Building Regulations Bylaw No , Nuisance Bylaw No or the Animal Control Bylaw No Several of these have already been attempted, with little or no overall progress. The building and property continue to deteriorate. Part 3 Division 12 of the Community Charter (CC) outlines the Remedial Action Requirements under which Council may impose a remedial action requirements related to hazardous conditions and declared nuisances. For this property, the specific and

3 applicable Sections of the Charter are Sections 72, 73 and 7 4. Additional sections specify the parameters and procedures around which an order may be issued, time limits for compliance, notice to affected persons and their opportunity to request a reconsideration hearing and provisions for recovery of municipal costs related to actions conducted to ensure completion of the remedial order. Further to CC s. 72(2) Council may impose remedial orders to undertake any combination of the following: (i) remove or demolish the matter or thing, (ii) fill it in, cover it over or alter it, (iii) bring it up to a standard specified by bylaw, or (iv) otherwise deal with it in accordance with the directions of council or a person authorized by council. When considering destruction or other remediation orders, Council is not acting in its normal policy or legislative-making function, but rather will be acting in an adjudicative function. Under the statute, the relevant reasons to exercise the remedial action authority include: (1) Per CC. s. 73(2), a "hazardous condition" is created either because: a. council considers that the matter or thing is in or creates an unsafe condition, or b. the matter or thing contravenes the Provincial building regulations or a building bylaw (2) Per CC. 7 4 a "nuisance" is created or Council considers the matter "so dilapidated or unclean as to be offensive to the community". A remedial action order is issued by Council Resolution and must specify the following: to whom the order is being made; the specific remedial actions required and may include a main order (such as demolition of a structure) as well as related orders (related property clean-up, removal of vehicles etc...); the time required for compliance with the order(s), noting that CC s. 76 requires a minimum of 30 days from the time of notice (except in urgent circumstances); the time for an affected person to request a Reconsideration Hearing (14 days); an authorized person (municipal staff) to give directions (optional); and that municipal staff be authorized to complete the work if the Order is not satisfied (optional). In summary, it is the opinion of the Director of Development Services, Senior Building Inspector and the Bylaw Compliance Officer, following several site visits and negotiations with the owner(s), that the options provided for remedial action should be considered by Council to address the numerous nuisance and health and safety issues posed by the subject property and the accessory building/structure and vehicles placed on it. Supporting items Included as supplement to this report: Appendix A - Remedial Action Requirements (RAR) Order: 5107 Agar Avenue Appendix Agar Avenue Chronology

4 Appendix C - Senior Building Inspectors Report June 8, 2017 Appendix D - Site photos Agar Avenue Appendix E - Copy of Notice to Owner/Occupier by David Block, D r. Of Dev. Services DS!tw Approved for Submission to Council

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6 CITY OF TERRACE COUNCIL RESOLUTION MADE JUNE 7 AUTHORIZING REMEDIAL ACTION REQUIREMENTS ORDER UNDER SECTIONS 72, 73 & 7 4 OF THE COMMUNITY CHARTER IN THE MATTER OF THE PROPERTY DESCRIBED AS: PIO , The West% of Lot 13, Block 6, District Lot 611, Range 5, Coast District, Plan 3080 HAVING A CIVIC ADDRESS OF: 5107 AGAR AVENUE, TERRACE, BRITISH COLUMBIA (the "Property") TO: AND TO: Nikifor Federenko (Owner-Deceased) Nicholas Federenko (Owner-Occupier) The Council of the City of Terrace pursuant to Sections 72, 73 & 74 of Division 12 of Part 3 of the Community Charter hereby resolves that: 1. That each of the following located upon the Property is considered so dilapidated or unsafe as to be offensive to the community, a declared nuisance and hazardous, in contravention of the Provincial building regulations and the City's Building Bylaw: a) Accessory building (storage shed) located on the eastern portion of the rear yard of the Property, south of, and behind the residential dwelling. That each of the following unregistered vehicles stored contrary to municipal bylaws located upon the Property is considered unsightly or unclean as to be offensive to the community, a declared nuisance: a) Blue Chevrolet Car; b) White Dodge Plymouth Van, VIN: 1 B4GH44RIPX729470; c) Blue Dodge Truck. That each of the following located upon the Property is considered so dilapidated or unsafe as to be offensive to the community, a declared nuisance: a) used tires approximately 20 tires; b) two barbeques, lawn mower and miscellaneous building materials including, but not limited to, boards with building wrap paper;

7 -2- c) insulation piles and bags of insulation; d) truck canopy for small Ford truck; e) miscellaneous piles of wood, plastic and metals; f) seven oil drums, hot water tank; g) fridges (4-5 in back yard); 7 fridges below deck of house; h) rigid 2x4 Stryofoam materials; i) miscellaneous refuse and garbage on the site; j) decomposing pig carcass; k) cart with misc equipment; I) propane bottles (4-5) and miscellaneous metal items/equipment; m) items on rear of dwelling, including non-functioning satellite dish, bath tub and miscellaneous items. 2. Nicholas Federenko, as Owner-Occupier of the Property, be ordered to take the following remedial actions in relation to the Property at 5107 Agar: a) the demolition and removal of the accessory pole shed (building) and all associated materials from the Property within 45 days of Notice; b) Remove three vehicles, blue Chevrolet car, white Dodge Plymouth van, VIN 1 B4GH44RIPX and blue Dodge truck within 30 days of Notice; c) all used tires, approximately 20 tires, to be removed from Property wthin 30 days of Notice; d) two barbeques, lawn mower and miscellaneous building materials including, but not limited to, boards with building wrap paper to be removed from the Property within 30 days of Notice; e) insulation piles and bags of insulation to be removed from the Property within 30 days of Notice; f) truck canopy for small Ford truck to be removed from the Property within 30 days of Notice; g) miscellaneous piles of wood, plastic and metals to be removed from the Property within 30 days of Notice; h) seven drums, hot water tank to be removed from the Property within 30 days of Notice; i) fridges (4-5 in back yard); 7 fridges below deck of house to be removed from the Property within 30 days of Notice; j) rigid 2x4 Stryofoam materials to be removed from the Property within 30 days of Notice k) Miscellaneous refuse and garbage on the site is cleaned and all debris to be removed from the Property within 30 days of Notice; I) decomposing pig carcass to be removed from the Property within 30 days of Notice; m) cart filled with miscellaneous equipment to be removed from the Property within 30 days of Notice; n) propane Bottles (4-5) and miscellaneous metal items/equipment on site to be removed from the Property within 30 days of Notice;

8 o) items on rear deck of home including non-functioning satellite dish, bath tub and miscellaneous items to be removed from the property within 30 days of Notice. In the event that the remedial actions are undertaken within the deadlines noted, City of Terrace Staff is authorized to enter on the Property and undertake the remedial actions to effect a remedy, and recover the costs from the owner in accordance with the Community Charter. The Director of Development Services is authorized to provide further directions to implement the intent of Council's ordered remedial action requirements. Staff are directed to notify in accordance with the Community Charter requirements, including advising that a reconsideration hearing may be requested within 14 days. DATED at the City of Terrace, B.C. this 28 1 h day of June, 2017 Certified a true copy this 28 1 h day of June, Corporate Officer

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10 5107 Agar Avenue Property Details: Civic Address: Legal Description: 5107 Agar Avenue Lot13 District Lot: 611 Plan:3080 Zoning: R2 Owners & Occupiers: Registered Owner: FEDERENKO, NIKIFOR; FEDERENKO, NICHOLAS 5107 Agar A venue Terrace, BC V8G1H9 Contact: Nicholas Federenko History of 5107 Agar Avenue: Date Chronology Agar Avenue COMPLAINT: Bylaw Enforcement Complaint - unsightly, lots of car bodies on yard Letter sent from Bylaw officer (FL Sweeting) providing 3.5 months for cleanup Notes -F.L. Sweeting Absolutely nothing done to properhj nd letter sent asking for cleanup of property SITE INSPECTION: some progress made, soil spread on properhj, trees cut, fire wood removed. Feel intervention by the cihj not necessan; at this time; stil more work to do such as remove vehicles, remove shed, etc.

11 Date Chronology Agar Avenue LETTER: Bylaw Officer - Frank Browsher stated, some progress has been made in the cleanup of your properh;. Still more vehicles and a trailer to be removed as well as mess behind house. We are well into a year and a half since we first brought this to your attention NOTES: Frank Browsher Ongoing battle since 1989, had to coax and prompt Mr. Federenko for even1thing done so far. Items still on site which were required to be moved in first letter FINES: issued $ LETTER: Bylaw Officer - Frank Browsher, letter states trailer still remains on site, At this time, I am fully prepared to have a public hearing on your properhj, as the cleanup has been extremely slow and ongoing since November MEMORANDUM: to City Council - Request for Public Hearing COMPLAINT: complaint regarding unsightly yard, bylaw request, please remove derelict vehicles, trailers, etc from the rear of your properhj and affect a general cleanup of the entire yard LETTER: sent regarding dog complaint LETTER: Bylaw Enforcement Complaint, property is unsightly, 30 days provided for cleanup LETTER: from bylaw states some work has been completed but more work is required LETTER SENT: FROM Bylaw officer, stating old appliances, tires, uninsured vehicles, lumber and other debris are making the site unsightly. 60 day deadline (August 21) provided for cleanup of property SITE VISIT: Janet Colburn/Terry Williamson, yard contained - 16+uninsured vehicles, large pile of tires, lumber piles, propane tanks, insulation, old appliances, various piles of misc debris, pvc tubing LETTER SENT & EXTENSION: extension provided until November 30, 2013 to clean up property. Remedial order (RAR) mentioned in letter.

12 Date Chronology Agar Avenue COMPLAINT: From neighbor stating vehicles, fridges, stoves tires, lots of junk LETTER/FINES: $100 fine issued to owner, also mention of Remedial Order (RAR) mentioned in letter NOTES: Janet Colburn/Terry Williamson-talked with Carl Reibin who is assisting with cleanup. During this time some vehicles were removed and some cleanup conducted. Recent History of 5107 Agar Avenue: COMPLAINT: Bylaw Enforcement Complaint II Complainant - Hailey Boe, House in terrible condition garbage everywhere, shed in disrepair, multiple vehicles in yard, breach of property line with garbage and garbage dumping in back of lot." SITE VISIT: Talk with complainant (Hailey Boe), and site visit at 5107 Agar Avenue. Complainant wants access to her property line. Pictures of 5107 Agar indicated the yard is unsightly with numerous vehicles, appliances and other garbage SITE VISIT: Talked with Darren (Nephew) and Mr. Federenko. I stated, I will send a letter hi-lighting the issues with the property. The letter also suggested prioritized items which needed attention starting with items form previous letters regarding cleanup LETTER SENT: to property owner Nikifor Federenko (Nick). Letter stated additional complaints towards property. Letter indicated 6 prioritized items which need attention. Letter stated the City of Terrace will consider issuing a Remedial Action Requirement Order for property maintenance SITE VISIT: minimal amount of work done, some work done in regards to remove leaning shed which is being used for firewood but no other concerns addressed. Talked with Darren and suggested they contact Bolds Salvage to assist in removing vehicles COMPLAINT: complaint from Danielle Webb at 5111 Agar Avenue. She stated his property is unsightly and garbage is accumulating at rear of property. Expressed concern of numerous eagles and crows which are

13 Date Chronology Agar Avenue frequenting the property. They have small dogs and fear for their safety in regards to the birds of prey and garbage at the rear of the residence i.e. pig carcuss Talked with Mr. Federenko, conducted site visit on property; very little work done, pictures taken of property. COMPLAINT: Talked with Hailey Boe's Dad on phone, he stated the property is a mess and is unsightly and unhealthy. He expressed concerns over the structures on the property, including the house itself and wondered if permits were issued for some of the work done. 2ND LETTER SENT: by Bylaw Officer: 3 week extension provided due to weather. This is in addition to the 66 days that have passed since the previous cleanup deadline. New deadline for property cleanup is April 11, Letter stated the requirements of the November 17, 2016 letter must be fulfilled by this date SITE VISIT: talked with Mr. Ferderenko and Roger Bengay. Some work being done on vehicles and shed only. I stated that work progress has been very slow and this matter may be presented to Terrace Council to consider a RAR Order. SITE VISIT: with Steve Buhr (Sr.Bldg. Inspector). View shed on East side of property. Talked with Mr. Federenko (Nick), asked if I could look around and he said Yes! Viewed property, taking notes regarding debris on site and which items required removal.

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15 M MO OUM MEMO: FROM: DATE: SUBJECT: David Block, Director of Development Services Steve Buhr, Senior Building Inspector June 8, Agar Avenue Storage Shed Condition The storage shed located at 5107 Agar Avenue has been observed to have a number of issues surrounding it as follows: A building permit has never been issued for this structure. This structure has been built too close to the properly line, so a building permit for the repairs cannot be issued. All framing members (columns beams & roof joists) are showing signs of decay due to exposure to the weather and would have to be replaced. The structure has settled into the ground due to decay. The structure is liable to collapse at any time. The structure is leaning towards the neighboring properly on the east side. If the structure falls it would impact the adjacent properly. There is no economic value to the remaining porlion of the structure and due to the encroachment within the required setback on the east side; a building permit for repair cannot be issued. The structure is dilapidated and poses a significant nuisance and hazard to the immediately adjacent residential property; therefore the structure should be demolished. SB!tw Steve Buhr Senior Building Inspector

16 5107 Avenue 3

17 5107 Avenue 3

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19 SUBJECT: CLEANUP RECOMMENDATION: 1. Remove Shed Too close to property line.. Damaged Post Shed still has slight lean, requires inspection by Building Inspection Vehicles to Remove 2. Blue Chevrolet Car 3. White Dodge Plymouth VIN: 1 B4GH44RIPX Van 4. Blue Dodge Truck There is room for 4 vehicles to be stored properly - under cover. Leave older model Buick, Red Sunfire, Current Vehicle and White Van if desired. All other vehicles are to be removed; vehicles have little value, filed with mold inside and misc. items.

20 5. Remove all tires from property, approximately tires 6. Remove pile of 2 barbecues, lawn mower and misc boards with building wrap paper 7. Remove insulation pile #1

21 8. Remove insulation pile #2 (30-40 bags of insulation) 9. Remove truck canopy for small ford truck

22 10. Remove miscellaneous pile of tires, wood, plastic, metals 1 Remove drums (7), hot water tank and misc. metal

23 Remove fridges (4-5 in back yard); 7 fridges in basement section of house, total 12 fridges Note: Freon will have to be removed from fridges. 13. Remove Stryoforam - rigid 2x4 pieces

24 14. Dump Site - dump site at rear of property will have to be cleaned my machine, numerous types of garbage, which included pig carcass which is rotting and omits offensive odor. 15. Misc. Pile and Cart

25 16. Propane Bottles ( 4-5) and misc. metal 17. Upper Deck - clean all items off deck including satellite dish, bath tub and misc items

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27 June_, 2017 Nicholas Federenko 5107 Agar Avenue Terrace, BC V8G 1 H9 PERSONAL SERVICE Dear Mr. Federenko: RE: NOTICE OF REMEDIAL ACTION REQUIREMENTS ORDER 5107 AGAR AVENUE, TERRACE, BRITISH COLUMBIA Take notice that the Council of the City of Terrace has adopted a Resolution, a copy of which is enclosed with this Notice, pursuant to Sections 72, 73 & 7 4 of Division 12 [Remedial Action Requirements] of Part 3 of the Community Charier. You have identified yourself as the owner/occupier of lands legally described as: PIO , The West% of Lot 13, Block 6, District Lot 611 Range 5, Coast District, Plan 3080 Civic Address: 5107 Agar Avenue, Terrace, British Columbia As the owner/occupier, you must undertake to complete the remedial action requirements ordered by Council, within the time stated, in the attached Resolution. Pursuant to s. 77(3) of the Community Charier, you are advised that, in the event that any remedial action requirement is not completed within the time specified for compliance in the Resolution, the City may take action in accordance with section 17 [municipal action at defaulter's expense] of the Community Charier at the expense of the person subject to the requirements. Without limiting the above, Staff is authorized to: enter on the property and undertake the remedial action(s) to effect a remedy; recover costs incurred from the owner as a debt; and recover costs incurred in accordance with Division 14 [Recovery of Special Fees] of Part 7 [Municipal Revenue] of the Community Charier, including by adding the costs to property taxes payable in respect of that real property as taxes in arrears. Pursuant to s. 77(3) of the Community Charier, you are advised that you may request a reconsideration by Council in accordance with section 78 of the Community Charier. A request for reconsideration must be made in writing and within 14 days of this Notice. This Notice is given by and on behalf of the City of Terrace Eby Street Terrace V8G 2X8 Corporate Officer enc.