Overgrown vacant lot upsets homeowner

City of Powell River Council has received suggestions for amending its bylaw applying to derelict property.

The city’s committee of the whole members contemplated a letter from a resident at the Tuesday, June 2, meeting. In her letter, she stated she is facing encroachment of overgrowth from a derelict, vacant lot adjacent to her property. It requires hours of time clearing or paying someone to maintain it, she stated.

Marie Claxton, city clerk, said there is an expectation from the writer that the adjacent property be mowed.

“I can tell you this item comes up with these two particular property owners every year,” Claxton said. “It’s an ongoing matter.”

Councillor Rob Southcott said there are other properties around Powell River where similar questions have applied. He was wondering if there was some intention to re-examine the bylaw.

Mac Fraser, the city’s chief administrative officer, said Southcott might be referring to the city’s financial plan open house held in Powell River Recreation Complex recently.

“There was a lot of conversation about folks who have well-maintained houses and properties and their assessment is somewhat higher than the derelict property next door,” Fraser said. “That challenge is the unsightly premises bylaw doesn’t empower local governments to talk about the aesthetic values. It has to be very specific criteria, and there is an expectation in most jurisdictions in BC, with all respect to the writer, that vacant lots are allowed to be natural—that they are not kept to the same standard.”

The unsightly premises bylaw is usually a function of, although it doesn’t say it, when the property is developed, Fraser said.

“It does apply if you have an old cement mixer on it and a couple of derelict cars.”

Claxton said the property in question is part of a subdivision that was created years ago, and while the property in question was purchased, it has never been developed. She said there are a few instances in town where properties are subdivided and undeveloped. She suggested council may want to explore with the development community options for properties that don’t sell.

Councillor Maggie Hathaway said she did not want to change a bylaw for one particular incident.

“I would like to put it back to the bylaw enforcement people and if they feel this is an unsightly premise they can take action under the bylaw,” she said.

She added that with this particular case, it should be left to bylaw enforcement staff, with a view to reviewing bylaws down the road to address some of the issues that have been mentioned.

Councillor CaroleAnn Leishman said in instances where invasive species are located on a vacant property and have the potential to spread to adjoining properties, action should be taken.