INNISFAIL – The Westview Estates apartment building near the downtown core has been shuttered for the past six years after a water pipe burst and created a flood that made the three-story structure uninhabitable.
A security fence now surrounds the vacant and deteriorating 27-unit building at 5119 - 48 St.
On June 9, town council was presented with a report from Meghan Jenkins, director of community service, that recommended continued enforcement action against the property owner, which could include demolition of the derelict structure.
Following Jenkins’ presentation council unanimously approved her recommended course of action.
Council was told by Jenkins that an order, pursuant to sections under the provincial Municipal Government Act, was issued on March 21 that the property be identified as “dangerous and unsightly”, and that the owner was given until May 20 to address the situation through demolition or rehabilitation.
However, council was told by Jenkins no action was undertaken by the property owner before the May 20 deadline.
She told council that on June 3 a property owner contractor provided the landscaping deposit, pursuant to a development permit order, which was the first action out of three required to comply with the order.
Jenkins said the two other actions listed in the order remain unfulfilled.
She then presented council with a plan for next steps in the enforcement process, which includes providing the property owner with a 30-day extension to complete all outstanding actions under the order and registering a caveat under the Land Titles Act against the certificate of title for the property.
Jenkins said if the property owner fails to complete all outstanding actions under the order within the 30-day extension period, the town will then seek a court order to give the town the authority to enter the building, and if necessary, an injunction to prevent any none-permitted work from being completed on the property.
Council was told the new court order could also give the town the authority to remove or demolish buildings and items of concern, including debris, garbage, building materials, dilapidated structures, or any object considered by the town as unsightly, dangerous to public safety, or detrimental to the surrounding area.
The order would also give the town the legal authority to charge the property owners with the costs of carrying out the order to the property’s tax roll.
Jenkins told council that if the town has to seek future demolition of the building the cost would be about $400,000, which would also be added to the property’s tax roll.
Council was told that if future demolition occurs appropriate communications with residents and stakeholders will take place.
