REQUEST FOR DECISION
DATE: August 9, 2016 Report No. CSS-16-010
TO: Laurie Hurst, Chief Administrative Officer
FROM: Blair McDonald, Director, Community Safety Services
SUBJECT:
Title
Unsightly Property - 1106 Lockley Road - Reconsideration Hearing
End
RECOMMENDATION:
Recommendation
That Council conducts a Reconsideration Hearing regarding Council Resolution for 1106 Lockley Road made at open Council Meeting on July 11th, 2016 as required under section 78 of the Community Charter.
Body
RELEVANT POLICY:
Community Charter, SBC 2003, c. 26, sections 17, 72 through 80 and 258.
STRATEGIC RELEVANCE:
This staff report does not directly relate to Council’s Strategic Priorities
BACKGROUND:
(See staff report CSS-16-008, Granicus File 16-167.)
This Reconsideration Hearing under section 78 of the Community Charter is related to the property located at 1106 Lockley Road. On July 11th, 2016, Council passed a Resolution relating to the Property. (Attachment 1)
On August 1st, 2016 staff received an email from Mr. Daniel Evans (representing the property owner Ms. Doubravka Spilka) stating that he was in receipt of the certified letter from the Esquimalt Council. He advised that of the items in the resolution, he was concerned that Council wanted him to ensure all holes and points of egress were to be patched. He did not wish to add additional expense to a building that was going to be torn down. Staff replied to Mr. Evans, attaching a copy of the resolution and advising that there was no requirement for patching of holes or repairs to the building, merely the removal of personal items and the dealing with the rodent and rodent feces issues. Staff asked, if given that there was no such requirement, did Mr. Evans still wish the Reconsideration Hearing?
On August 8th, 2016 staff received a reply from Mr. Evans that he did want the Reconsideration Hearing and he indicated a preferred date of August 10th, 2016. Mr. Evans was advised that August 15th, 2016 was the first available Council meeting and that the Reconsideration Hearing would be set for August 15th, 2016 at 7:00 PM. Ms. Spilka was advised of the date and time of the Reconsideration Hearing via e-mail, regular mail, and registered mail.
ISSUES:
1. Rationale for Selected Option
Council is required under Section 78 of the Community Charter to conduct a Reconsideration Hearing if one is requested within 14 days of service of the Resolution. Mr. Evans’ request was received within this time frame.
2. Organizational Implications
None of note.
3. Financial Implications
There are no additional financial implications.
4. Sustainability & Environmental Implications
There are no sustainability or environmental implications.
5. Communication & Engagement
Notices as required have been sent to Ms. Spilka (and Mr. Evans).
ALTERNATIVES:
Option #1. That Council conducts a Reconsideration Hearing regarding Council Resolution for 1106 Lockley Road made at open Council Meeting on July 11th, 2016 as required under section 78 of the Community Charter.