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Council encouraged to carry out court order for demolition

by Paula Levy

 NEW GERMANY - Hiram Carver has told the Municipality of Lunenburg to clean up a dilapidated building in the community or face the consequences.

 Although there are several properties in New Germany that are considered unsightly, Mr. Carver is particularly interested in a building owned by Douglas Projects International at 26 Fire Hall Road.

 "I want to give you an opportunity to do what is right," Mr. Carver told council, encouraging the elected body to clean up the dilapidated building. "But I think we have to know that sooner or later, the chains are going to come tight."

 The New Germany property was purchased by Bob Douglas of Douglas Projects in a tax sale in 2005. The following year the municipality ordered the property cleaned up.

 Before that order expired, an oil spill was discovered. The Department of Environment weighed in on cleanup efforts. Although Mr. Douglas and his company were eventually found guilty of infractions against the Environment Act and were fined, he was not ordered to clean up the property.

 In 2009, the municipality resumed its efforts and took the complaint to court. In July, council was successful in getting a court order requiring Mr. Douglas to clean up the property. He had until October 15, 2009, to remedy the situation. Failing that, the municipality could legally do it themselves.

 Mr. Douglas did not obey the court order leaving the municipality in a position to demolish and clean up the property. When the municipality went to tender, the price tag was nearly $25,000 and council decided earlier this year that costs were prohibitive. Instead, council decided it would attempt to sell the property in its 2011 tax sale.

 Mr. Carver said he feels it is council's responsibility to do the work themselves instead of continuing to let the property fall into a further state of disrepair.

 "Under the circumstances that existed, a responsible council would not have acted in that manner. You based that decision solely on costs and you felt you were not in the business of going around and cleaning up old properties, even if it was for the good of the community to which under your own laws you owe a responsibility," he said.

 Mr. Carver told council the community has three options - take the issue to the press, seek to have their assessments lowered or bring action before the Supreme Court to have the words in the demolition section of the municipal bylaw interpreted to require council to step in and clean up properties if the owner chooses to ignore a court order.

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 Mr. Carver said although he wants to work with council, legal action is a possibility.

 "You can go on wasting time and taxpayers' money as you have done up to this time. I have come this far and will continue to push in one or all of the above manner. Yes, I may have to spend a few dollars. But the village of New Germany has always been good to me and maybe it is time that I repay it my dues," he added. "I don't intend to stop on this. ... Now is the time to move one way or the other."

 But council doesn't see the problem as just an issue in New Germany. Councillor Lee Nauss said there are many buildings throughout the municipality that are dilapidated.

 Councillor Cathy Moore motioned the issue be brought up at council's strategic planning session at the end of the month to decide how to move forward. The motion was lost in a tied vote. Council took no further action on the issue.



posted on 09/07/10
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