City of Kingston

Appeals Committee

Minutes

07-2024
-
Councillors' Lounge
Third Floor, City Hall
Members Present:
  • Councillor McLaren
  • Councillor Oosterhof
  • Blaine Fudge
  • Tara Kainer
  • Todd Storms
Staff Present:
  • Stephanie Oare, Property Standards & Municipal Law Enforcement Officer
Others Present:
  • There were members of the public present.


The Chair called the meeting to order at 12:00 p.m.

  • Moved by:Tara Kainer
    Seconded by:Todd Storms

    That the agenda be approved.

    Carried
  • Moved by:Todd Storms
    Seconded by:Blaine Fudge

    That the minutes of Appeals Committee Meeting Number 06-2024 held on Monday, September 16, 2024, be approved.

    Carried

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Ms. Oare conducted a PowerPoint presentation regarding the update on the Property Standards Appeal for 3275 Wilton Road.

The Chair provided an opportunity for the Committee to ask questions. There were no questions from the Committee.

The Chair provided the appellant with an opportunity to provide an update on the matter. Mr. Kellar explained that he now has dumpsters on-site and is in the process of filling those. He noted that he has had several vehicles removed using tow trucks.

The Chair provided the Committee with an opportunity to ask questions of the appellant.

Ms. Kainer asked how much more time the appellant anticipated he would require to remove the rest of the items noted in the Order to Remedy. Mr. Kellar noted that the work has taken longer than he anticipated, but that access to the dumpsters has helped significantly. He added that the dumpsters had arrived on Friday, October 18, 2024. He was unable to provide an estimated date of completion.

The Chair inquired about what next steps would be taken if the order were to be upheld. Mr. Reeson explained that if the Committee were to uphold the order, City By-Law Enforcement Staff would exercise their discretion to take or not to take enforcement action based on the By-Law Enforcement Policy. He noted that based on this policy, next steps could include working with the property owner to obtain voluntary compliance, the commencement of proceedings in the Provincial Offences Court, or the City could undertake the work itself and pass the cost of the work on to the owner.

The Chair inquired about Ms. Oare's perspective on achieving compliance with the property owner. Ms. Oare stated that she has visited the property twice since the last Appeals Committee meeting and she noted that on both occasions Mr. Kellar was outside working on achieving compliance. She added that significant progress has been made and she acknowledged the effort Mr. Kellar has made to bring the property into compliance.

  • Moved by:Todd Storms
    Seconded by:Blaine Fudge

    That Order to Remedy Number CEBL202402935 and the time for compliance therewith related to Items 4.42.8, 4.43, 4.42.10, 4.45, 4.42.1, and 4.50, be upheld. 

    Carried

Ms. Oare conducted a PowerPoint presentation regarding an update on the Property Standards Appeal for 937 Oakview Avenue.

The Chair provided an opportunity for the Committee to ask questions. There were no questions from the Committee.

The Chair provided the appellant with an opportunity to provide an update on the matter. Kaitlyn Pence, representative for Stanley Jackson, noted that a mould removal service had been scheduled twice with two weeks notice given to the tenant each time. She added that the property owner would like to complete the work but has been unable to with the tenant refusing entry to the mould removal company. She noted that the tenant has ended their lease early and will no longer be living in the home after October 21, 2024.

The Chair provided the Committee with an opportunity to ask questions. There were no questions from the Committee.

The Chair asked Ms. Pence if a one-month extension would provide the property owner with enough time to come into compliance. Ms. Pence noted that one month from the date that the tenant leaves the property would provide enough time for compliance.

The Chair provided an opportunity for members of the public to provide comments.

Jazmin Harper, tenant of the property, explained why the mould removal company was not allowed entry on the second attempt. She added that items within the Order to Remedy that posed hazards for her children were not remedied and that she had moved out of the home on October 15, 2024. The Chair asked if Ms. Harper would have an issue with the property owner commencing work as she has now moved out. Ms. Harper stated that she had no issues with this but noted that she would still need to be given notice as she is technically the tenant until October 31, 2024.

  • Moved by:Todd Storms
    Seconded by:Councillor Oosterhof

    That Order to Remedy CEPS202403623 be modified to extend the timeline for compliance with respect to Items 2,3,4,5,6,7,8, and 9, to December 16, 2024, with City of Kingston enforcement staff to complete an inspection no later than December 12, 2024. 

    Carried

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The next meeting of the Appeals Committee is scheduled for Monday, November 18, 2024, at 12:00 p.m.

  • Moved by:Blaine Fudge
    Seconded by:Todd Storms

    That the Appeals Committee adjourn at 12:29 p.m.

    Carried
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