Item - 2022.SX23.1

The Property Standards Committee, Scarborough Panel:

1. Rescinded the Order to Comply (March 25, 2022) for 4570 Sheppard Avenue East, Folder Number: 22 127114 PRS 00 IV.

The Property Standards Committee, Scarborough Panel gave the following reasons for its decision:

On March 25, 2022 a Property Standards Order (Order) was issued to 2546229 Ontario Limited in connection with a property at 4570 Sheppard Avenue East. The Order was appealed by the property owner to the Property Standards Committee, Scarborough Panel, and a hearing was held on September 12, 2022.

The Order indicates under location and description that “the yard does not have suitable ground cover to prevent unstable soil conditions or erosion”. The Required Action stipulated in the Order is to “remove large piles of dirt from the property”. The Property Standards Committee, Scarborough Panel heard from the Bylaw enforcement officer, Counsel for the property owner and two members of the public, Ms. White and Mr. Casselman.

Based on the evidence heard, the Property Standards Committee, Scarborough Panel agrees that there may be a problem at the property emanating from the “large piles of dirt” identified in the Order. However, the extent of the impact associated with these piles of dirt was not well explained. More significantly, the Order to Comply as issued lacks particulars. For example, it is not known how much dirt should be removed, where these “large piles of dirt” should be removed to or how moving the dirt would address any potential health and safety impacts. On this basis, and as result of a lack of particulars with respect to impact and no specific direction to the property owner in the Order to Comply, the decision of the Property Standards Committee, Scarborough Panel is to Rescind the Order.

In order to avoid the necessity for further attendances at the property or the issuance of new Orders to Comply, the Property Standards Committee, Scarborough Panel urges the property owner to meet with Municipal Licensing and Standards for the purpose of addressing the concerns raised by the public and the impact, if any, associated with the piles of dirt.

Appeal of the order to comply (March 25, 2022) for 4570 Sheppard Avenue East.