Derelict Homes and Untidy Properties (CAP Recommendations)

Recommendations:
  1. That the Law Branch be directed to bring forward the revisions to the Minimum Property Standards Bylaw (MPSB) in accordance with Attachment 1.
  2. That enforcement of the MPSB rests with the Safe Housing Committee which is in the Community Services Department and that the Department be directed to bring forward, in its 2002 operating budget, costs to hire two Minimum Property Standards Bylaw enforcement officers.
  3. That City Council, support in principle, a housing investment grant similar to the Downtown Housing Reinvestment Grant for the neighbourhoods of McCauley, Norwood, Alberta Avenue, Eastwood, Delton, Elmwood Park and Parkdale/Cromdale.
  4. That City Council approve the Terms of Reference (Attachment 2) for a grant proposal to the Alberta Real Estate Foundation in order to research housing reinvestment strategies for older neighbourhoods developed prior to 1950.
  5. That City Council direct the Community Services Department to draft a resolution to the Federation of Canadian Municipalities requesting that Canada Mortgage and Housing Corporation (CMHC) review the income qualification guidelines of the Residential Rehabilitation Assistance Program to allow for broader involvement.
  6. That the Planning & Development Department prepare a report outlining the implications of mandatorily licensing all landlords, including those renting out 3 units or less.

Report Summary

This report, prepared by the Derelict Housing Sub-committee of Safer Cities Initiatives Advisory Committee, provides a response to the seven referred Community Action Project (CAP) recommendations pertaining to derelict homes and untidy properties. (Attachment 3).

Previous Council/Committee Action

At the March 12, 2001 Community Services Committee meeting the following was passed:

“That the revised due date of May 14, 2001 be approved.”

At the December 5th, 2000 City Council Meeting, the following (2) motions on item E.1.j were passed:

  1. “That the recommendations of the Community Action Project (CAP) contained in this report, be referred to the Safer Cities Derelict Housing Sub-Committee for its review with City Administration and to report back with recommendations to Community Services Committee no later than March 31, 2001”.
  2. “That the Administration not proceed with the amendments to the Minimum Property Standards Bylaw until the recommendations of CAP and the Safer Cities Derelict Housing Sub-Committee are considered”.

Report

  • The Safer Cities Derelict Housing Sub-Committee was reconvened on January 9, 2001. The membership and terms of reference for this sub-committee (Attachment 4) were approved by the Safer Cities Initiatives Advisory Committee (SCIAC) February 16, 2001.
  • The Derelict Housing Sub-Committee established working groups from members within the sub-committee to work with administrative resources to analyse and evaluate each of the (7) CAP recommendations.
  • Action taken on the seven recommendations is listed below:
  1. The Minimum Property Standards Bylaw has been redrafted with a view to making it enforceable. Key changes are that the Bylaw pertains only to the exterior of the building, a definition of “good repair” is included, and offences and penalties have been amended so that they are comparable to the provisions of the Housing Regulation of the Public Health Act.
  2. The Committee considered three organizational options for the enforcement of the MPSB. The option supported by the Committee and as originally recommended by CAP, would be that MPSB enforcement reside with the Safe Housing Committee, which reports to the Community Services Department. This would place responsibility for the maintenance of existing buildings in one department together with Safe Housing, MGA enforcement of derelict buildings, and delivery of the Residential Rehabilitation Assistance Program. (RRAP). Another option considered was to locate the enforcement of the MPSB with Bylaw Services of the Planning & Development Department. The third option would be to split the enforcement of the MPSB along geographic lines as is currently done with the enforcement of Sections 545 and 546 of the MGA dealing with derelict buildings. In considering these options, it was evident that enforcement of the MPSB was dependent upon staffing resources, regardless of where the function was located. Planning & Development indicated that there were previously four MPSB inspectors assigned to this function.
  3. The Committee heard from the City Assessor, and concurs that a separate mill rate for derelict buildings is impractical. However, further research is required to review alternate methods to encourage the maintenance and revitalization of existing housing. (See #5 below)
  4. The Committee, in conjunction with the Planning & Development Department, assessed the impact of the Downtown Housing Reinvestment Grant. The Committee concluded that this Grant has been successful in inducing the construction of new housing units in the Downtown, and with modification could similarly support the construction of housing in the inner city.
  5. Although the Committee reviewed some programs in other cities, the Committee was of the view that this research was beyond the scope and capability of the Committee. A terms of reference for such a review and cost estimate is included as Attachment 2.
  6. A review of the Residential Rehabilitation Assistance Program (RRAP) applications processed in the past three years indicates that a very high percentage of all RRAP funding has been allocated to the inner city neighbourhoods (Attachment 5). In particular a large amount of Rental/Rooming House and Conversion funding was allocated in this geographical area. Further take-up in these neighbourhoods is currently limited by the Federal RRAP program income guidelines.
  7. Due to the recent realignment of Bylaw Services and Licensing, it was not possible to complete a review of the implications of licensing all landlords.

Justification:

  1. The Minimum Property Standards Bylaw as redrafted will improve the enforceability of the Bylaw.
  2. Enforcement of the MPSB is not possible without adequate staffing.
  3. The Downtown Housing Reinvestment Grant has resulted in a substantial amount of new housing in the Downtown. A similar program applied in the inner city could promote new home construction in the inner city. A detailed budget and program guideline is required before implementation.
  4. Further research in other cities to determine best practices in terms of inner city revitalization is required.
  5. Revision to the income guidelines of RRAP is required if the Program is to be fully utilized by inner city homeowners.
  6. A review of the implications of licensing all landlords is warranted prior to any changes to the Licensing Bylaw.

Background Information Attached

  1. Minimum Property Standards Bylaw (Draft)
  2. Neighbourhood Revitalization and Housing Reinvestment Research Project, Terms of Reference
  3. Seven (7) CAP Recommendations
  4. Derelict Housing Sub-Committee Terms of Reference
  5. Summary of all RRAP Applications and Funds Allocated During 1998 – 2000

______

( Page 1 of 3 )

Attachment 1

Minimum Property Standards Bylaw (Draft)

Approved as to Form

Corporate Services (Law Branch)

Approved as to Content

General Manager

Planning & Development Department

CITY OF EDMONTON

BYLAW 0

Whereas, pursuant to section 62(2) of the Safety Codes Act, a municipality may make bylaws respecting, inter alia:

a)minimum maintenance standards for buildings and structures; and

b)unsightly or derelict buildings or structures; and

Whereas, pursuant to section 7 of the Municipal Government Act, a council may pass bylaws for municipal purposes respecting, inter alia:

a)the safety, health and welfare of people and the protection of people and property; and

b)the enforcement of bylaws including the creation of offences:

Edmonton City Council enacts:

PART I - PURPOSE, DEFINITIONS and INTERPRETATION

PURPOSE / 1The purpose of this bylaw is to establish minimum maintenance standards for buildings and other structures in order to promote the conservation of existing properties and communities.
DEFINITIONS / 2In this bylaw, unless the context otherwise requires:
(a)“City” means the City of Edmonton;
(b)“City Manager” means the chief administrative officer of the City or his delegate;
(c)“Good Repair” means a condition where something is free from:
(i)damage, not including normal wear and tear;
(ii)rot or other similar deterioration; and
(iii)inappropriate infiltration of air, moisture or water;
(d)“Municipal Tag” means a ticket alleging an offence issued pursuant to the authority of a bylaw of the City;
(e)“Owner” means:
(i)any person registered under the Land Titles Act as the owner of the fee simple estate in a parcel of land;
(ii)any agent of the person so registered; or
(iii)any person in actual or apparent possession or control of Property;
(f)“Property” means a parcel of land and includes any buildings, whether occupied or not, and other Structures on the land;
(g)“Subsequent Offence” means any offence committed by a person after that person has already been convicted of an offence;
(h)“Structure” means any thing erected or placed in, on or over land, whether or not it is so affixed to the land as to become transferred without special mention by a transfer or sale of the land;
(i)“Structurally Sound” means a condition where something is capable of safely supporting its own weight and any load to which it may be subject; and
(j)“Violation Ticket” means a violation ticket as defined in the Provincial Offences Procedure Act.
RULES FOR INTERPRETATION / 3The marginal notes and headings in this bylaw are for reference purposes only.

PART II - MINIMUM PROPERTY STANDARDS

4All buildings shall be maintained so the:
(a)foundation and foundation walls;
(b)exterior walls; and
(c)roof;
of each building are Structurally Sound and in Good Repair.
5All buildings shall be maintained so the:
(a)windows, including casings; and
(b)doors, including frames;
of each building are in Good Repair.
6All materials used in the construction of, or attached to, any building shall be maintained in Good Repair.
7The protective or decorative finishes of all exterior surfaces of a building or structure shall be maintained in Good Repair.
8All exterior stairs, landings, porches, balconies and decks shall be maintained so they are Structurally Sound and in Good Repair.
9All Structures not otherwise referred to in this bylaw shall be maintained so they are Structurally Sound and in Good Repair.

PART III - OFFENCES AND PENALTIES

10Every Owner of Property shall maintain the Property in accordance with the standards prescribed in Part II.
11A person who contravenes a provision of this bylaw is guilty of an offence.
12A person who is found guilty of an offence, other than a Subsequent Offence, is liable to a fine in an amount not less than that established by this bylaw, and not exceeding $2,000.00, and to imprisonment for not more than 90 days for non-payment of the fine.
13Unless a Violation Ticket specifies the fine amount established by this bylaw for an offence, a person who is found guilty of a Subsequent Offence is liable to a fine in an amount not less than double that established by this bylaw, and not exceeding $5,000.00, and to imprisonment for not more than 90 days for non-payment of the fine.
14If a Municipal Tag is issued in respect of an offence the Municipal Tag must specify the fine amount established by this bylaw for the offence.
15A person who commits an offence may, if a Municipal Tag is issued in respect of the offence, pay the fine amount established by this bylaw for the offence and if the amount is paid on or before the required date the person will not be prosecuted for the offence.
16If a Violation Ticket is issued in respect of an offence the Violation Ticket may:
(a)specify the fine amount established by this bylaw for the offence; or
(b)require a person to appear in court without the alternative of making a voluntary payment.
17A person who commits an offence may:
(a)if a Violation Ticket is issued in respect of the offence; and
(b)if the Violation Ticket specifies the fine amount established by this bylaw for the offence;
make a voluntary payment equal to the specified fine.
18The specified fine for an offence committed pursuant to this bylaw is established at $300.00.

PART IV - GENERAL

19In the case of an offence that is of a continuing nature, a contravention constitutes a separate offence in respect of each day or part of a day on which it continues.
20The City Manager may carry out whatever inspections are reasonably required to determine compliance with this bylaw.
21The City Manager may delegate any of his powers, duties or functions under this bylaw to an employee of the municipality.

Read a first time

Read a second time

Read a third time

SIGNED AND PASSED

CITY OF EDMONTON

MAYOR

CITY CLERK

Attachment 1 - Page 1 of 5

Attachment 2

Neighbourhood Revitalization and Housing Reinvestment Research Project, Terms of Reference

Scope

All older Edmonton neighbourhoods developed prior to 1950.

Objectives

  1. Review and summarize currently existing and/or historical strategies implemented by the City of Edmonton to address housing revitalization in older neighbourhoods. Particular emphasis will be on the evaluation of the effectiveness of these strategies at achieving their stated goals and objectives.
  2. Research and evaluate the physical and social impacts of neighbourhood housing revitalization strategies implemented in other North American and European cities. Particular emphasis will be on the evaluation of strategies that have contributed to the development of safer, stronger communities.
  3. Analyze the City and community-based organizational structures and funding and planning mechanisms to identify opportunities to develop and implement neighbourhood revitalization initiatives, incentives or programs, specifically as they relate to housing redevelopment.
  4. Based on the models researched and documented, make recommendations that can be used in the development of a revitalization plan comprising of initiatives, incentives or programs directed toward the revitalization of older neighbourhoods.

Tasks

  1. Environmental scan of existing City and community-based organizational structures and funding and planning mechanisms.
  2. Review of neighbourhood-specific and/or city-wide revitalization strategies implemented in Edmonton in the past 25 years.
  3. Critical literature review of revitalization strategies, incentives, initiatives and programs implemented in other North American and European cities.
  4. Travel to other cities where successful revitalization strategies have been implemented and visit project.
  5. Interview policy and planning experts skilled in the area of urban development, with a particular emphasis on those involved in or familiar with the revitalization of older neighbourhoods.
  6. Document the essential elements of revitalizations strategies based on critical literature review, site visits and interviews.
  1. Complete a comprehensive report outlining:
  2. A description of the current situation in the City of Edmonton regarding the present state of housing in Edmonton communities developed prior to 1950.
  3. A detailed analysis of the revitalization strategies, incentives, initiatives and programs undertaken by the City of Edmonton and other relevant North American and European cities.
  4. An identification of the strategies, incentives, initiatives and programs potentially applicable to the City of Edmonton.
  5. A recommended plan of action to implement such strategies in the City of Edmonton.

Responsibility

Overall supervision of project will be through the Safer Cities Initiatives Advisory Committee’s Derelict Housing Sub-committee. Funding will be applied for by the Community Action Project on behalf of the Sub-Committee and will be sought from a variety of sources, including the Alberta Real Estate Foundation, the Edmonton Community Lottery Foundation and the Housing Trust Fund.

Budget

Researcher Contract Fee / $ 35,000.00
Materials / $ 1,000.00
Travel / $ 7,500.00
Administration / $ 4,500.00
TOTAL / $ 48,000.00

Term

Approximately six months

Attachment 2 - Page 1 of 3

Attachment 3

Seven (7) CAP Recommendations

As a result of these joint discussions CAP provided the Administration with their (7) seven recommendations which they believe could provide a thorough and comprehensive approach to the prevention, minimization and replacement of derelict housing within the inner city communities:

  1. “Redraft the Minimum Property Standards Bylaw so as to make them enforceable.
  2. Situate the responsibility for the enforcement of the Minimum Property Standards Bylaw with the Safe Housing Committee so it may be used in conjunction with the Municipal Government Act Sections 545 and 546.
  3. To counteract the negative impact of the Market Value Assessment on inner city communities, more research is required into the revitalization of such neighbourhoods.
  4. Expand the scope of the Downtown Housing Reinvestment Grant to include the neighbourhoods of McCauley, Alberta Avenue, Eastwood, Delton, Elmwood Park and Parkdale/Cromdale, or develop a program in which the city offers investment incentives for housing development in these communities.
  5. Research is required into the ways and means by which other inner city communities add value to their housing stocks and prevent further deterioration of neighbourhoods. A model used by Trois Riviere, Quebec, has proved to be successful through the use of tax incentives. The exploration of this as well as other models will prove fruitful.
  6. The Residential Rehabilitation Assistance Program (RRAP) should be focused on the north central communities of Edmonton.

Explore the possibility of mandatorily licensing “all” landlords, including those renting out 3 units or less”.

Attachment 3 - Page 1 of 3

Attachment 4

Derelict Housing Sub-Committee Terms of Reference

BACKGROUND

The Derelict Housing Sub-Committee was formed in June 1998 in response to a request by Mayor Bill Smith for the Safer Cities Initiatives Advisory Committee (SCIAC) to look into problems related to burned out and derelict properties in the inner city.

PURPOSE

The Derelict Housing Sub-Committee acts in an advisory capacity to the Safer Cities Initiatives Advisory Committee (SCIAC) on various matters related to derelict housing and impact on neighbours and neigbourhoods: burned out houses, boarded and secured properties, unsightly vacant lots and yards, redevelopment initiatives, municipal and provincial legislation, and the role of the Safe Housing Committee.

MEMBERSHIP

  • The Derelict Housing Sub-Committee consists of a minimum of (12) members, including:
  • 3 members of SCIAC (one as chair of the sub-committee)
  • 2-5 residents of the concerned communities
  • 2-4 members of Community Action Project (CAP)
  • A Community Services Management Team member
  • A Community Services Housing Services staff member
  • A representative of Emergency Response Department
  • A Building Inspector
  • A representative of Edmonton Police Service
  • Additional members may be invited to attend as resources to the sub-committee.

Appointment to the Sub-Committee will be made by the SCIAC. The Chair of the sub-committee will be selected and approved by SCIAC.