Here is the truth! to back up previous post.

HRM Demolition Report

POBox 1749

Halifax, Nova Scotia
B3J 3A5 Canada

Appeals Standing Committee Meeting
May 12,2011

TO:

Appeals Standing Committee Hereinafter referred to as the "Committee"

SUBMITTED BY:

Tanya Phillips, Manager^By Law Services
Halifax Regional Police

DATE:

May 5, 2011

SUBJECT:

Francesca Rogier 782 East Chezzetcook Rd. East Chezzetcook

PID # 00628479, Tax # 800554, Case # 161432, District # 03 Hereinafter referred to as the "Property"
-and-

The Structurally Unsound Building Hereinafter referred to as the "Building"

DEMOLITION REPORT

ORIGIN

Staff, pursuant to the Halifax Regional Municipality Charter (the "Charter").

782 East Chezzetcook Rd. East Chezzetcook -2RECOMMENDATION

Appeals Standing Committee May 12,2011

IT IS RECOMMENDED THAT the Committee pass the following resolution:
The Committee finds the Property to be dangerous or unsightly as per section 3(q) of the Charter and as

per section 356 of the Charter, Orders demolition of the Building, including but not limited to, the removal of all demolition debris, backfilling of any foundation or crawl space, and disconnecting any and all utility connections to the standard set by each respective utility service provider, so as to leave the Property in a neat, tidy, environmentally compliant and safe condition within thirty (30) days after the Order is posted in a conspicuous place upon the property or personally served upon the owner. Otherwise, the Municipality will exercise its rights as set forth under Part XV of the Charter.

PROPERTY HISTORY:
Multiple complaints were received regarding the structural integrity of the Building and the potential safety risk to the public and Property Owner. By Law Services and Community Development staff has been working with the Property Owner dating back to August 2009 regarding these issues.
The Property Owner and staff conducted numerous site inspections together and had multiple

conversations to clearly identify what work was to be completed to meet safety and building code guidelines set out in the permits obtained by the Property Owner.

An Engineering Report (attached as Appendix B) was submitted on October 19, 2010 which identified specific timelines for essential work to be completed necessary to secure and support the Building.
On November 18, 2010 By-Law Services received a Building Officials Report (attached as Appendix C) which stated the Building is structurally unsound and the essential work identified by the Engineers
Report was not complete.

A site inspection conducted on November 19, 2010 resulted in By-Law Services posting An Order to Vacate Unsafe Conditions (attached as Appendix D) as the Building constituted a safety risk to the public
and the Property Owner.

Subsequently, By law Services and the RCMP have had to respond on three separate occasions to complaints of the Building being entered. Each complaint was valid and resulted in HRM undertaking a remedy to secure the Building after the following inspections:

By-Law Services had the Property fenced and the Building secured against access.

February 11, 2011 - site inspection confirmed Building unsecure and accessed.
April 27,2011 - site inspection confirmed Building unsecure and accessed. April 29, 2011 - site inspection confirmed Building accessed.

INITIAL COMPLAINTS:
23-Apr-2011 "The Property Owner has been entering the house and using the shower. She stays there the odd night".
RCMP Constable advised By Law Officer they had received complaints that the

23-Apr-2011

Property Owner has been entering and staying in the Building.
24-Apr-2011 "Someone is back living at this address and should not be. Apparently she is crawl space

getting in under the home via a ladder and climbing into the house through a and the car is there but is hidden in the back part".

782 East Chezzetcook Rd. East Chezzetcook -3CHRONOLOGY OF CASE ACTIVITES:
23-Apr-20l 1

Appeals Standing Committee May 12,2011

The Officer received a phone call from a RCMP Constable with the Musquidobit Detachment. A complaint was received stating the Property Owner returned to
her house. The Constable advised they can see the lights on and the back door

padlock was unhooked. RCMP knocked on the RV and the Building and there
was no reply. 27-Apr-2011 The Officer attended the Property with a RCMP Constable. The Property Owner had removed the HRM locks and placed new locks on the fence. The Officers entered the Property and knocked on the RV and the house. There was no response. Both vehicles known to be owned by the Property Owner were on site.

The power meter on the house was spinning and lights are visible from the outside. The lock was removed from the back door and locked from the inside. The Officers entered through the front door. The kitchen stove was on and the Officer turned off the stove. The RCMP Constable searched the Building and no persons were found however a computer was found and activated. The By Law Officer discovered the plywood that was covering the crawl space entrance had a hole cut for accessibility. A reciprocating saw was next to the door. The Officers called out multiple times identifying themselves. There was no response. The By Law Officer exited through the rear door and padlocked and secured the rear and front doors. The Officer's business card was left on the rear window of the
Property Owner's vehicle.

28-Apr-2011

Officers conducted an inspection of the building. The lock was removed from the gate and was open. There was a hole cut in the floor and the rear patio door and lower window were open. The Officer noted no work has been undertaken to install a foundation. The Officer left a business card on the RV parked on the Property.

29-Apr-2011 I

The Officer met with the Contractor and RCMP Constable. The Officer observed the lock placed on the gate the previous day was removed and replaced with a new lock. The Officer knocked on the RV and called out to the Property Owner. There was no answer. The Officer and Constable entered the Building through the front door. The Officer observed the kitchen oven was turned on and turned it off. The Officer and Constable identified themselves and there was no answer. The house was checked and cleared by the RCMP. The Contractors secured the Building. The previously boarded portions of the floor were cut out with a saw. The Officer posted the Order to Remedy Dangerous Conditions (attached as Appendix E) dated April 29, 2011 beside the main door on the exterior of the Building.
Approximately an hour later the Officer was contacted by the RCMP Constable

as the RCMP received a call stating that the Property Owner was re-entering the Building. The Officer, RCMP and Contractor returned to the property. The Officers entered the house through the main door and observed the kitchen oven was back on and the door was open. The oven was turned off and closed. The Officer and Constable yelled out through the Building identifying themselves. There was no answer. The house was checked and cleared by the RCMP. As the house continues to be entered, the lower level windows, a vent and an open space to the chimney were secured.

782 East Chezzetcook Rd. East Chezzetcook
-402-May-20U

Appeals Standing Committee
May 12,2011

Staff received voice mails from the Property Owner. The messages were forwarded to HRM Legal Services for response. A copy of the Immediate Order was sent to the Property Owner via registered mail. The Officer met the HRM Building Official at the Property. It was noted that tarps were draped over the fence and tied down with wire. The building remains secure. A review of the Building and its supports were completed by the HRM Building Official. The Officer posted a 7 day Notice to Appear on the fence, (attached as Appendix F)

O4-May-2Q11

The Officer emailed the Property Owner to advise the Notice to Appear had been
posted and a copy was also sent via registered mail.

05-May-2011

The Officer received the Building Officials Report dated May 4, 2011. (attached as Appendix G) The Building Official states "the structure as is, is not designed to provide habitation on an on-going basis and is likely destined for structural failure."

DISCUSSION Heritage Value

The property was registered as a municipal heritage property in 1985 by the former Municipality of the County of Halifax. The house was built in 1862 for Captain James Smith. It is valued for its association with rural life, use as a homestead of early settlers in East Chezzetcook, continuity of ownership by the Smith family from 1862 to 1979 and use as a rural post office from 1880 to 1959. It is also valued for its historic architecture as a good example of the Cape Cod style popular in rural Nova Scotia in the early

19th century.

Heritage Property Act, HRM Charter & Demolition Order
Section 17 of the Heritage Property Act requires that a registered municipal heritage property shall not be demolished without approval of the municipality. However, Section 19 (I) states that where there is a conflict between the Heritage Property Act and the Building Code Act or regulations, the Building Code Act and regulations prevail.

Section 11(2) of HRM's Heritage Property Bylaw (H-200) states: "Whenever the Building Inspector of the Region makes any finding that a heritage property meets the definition of a dangerous or unsightly
structure pursuant to ... the Halifax Regional Municipality Act, the Building Inspector shall immediately

advise the Heritage Advisory Committee of the condition of the heritage property." A copy of this report is being forwarded to the Heritage Advisory Committee for the May 11, 2011 meeting.
De-registration

Should the building be demolished pursuant to the Dangerous or Unsightly Premises legislation, it will be necessary at a later date for HRM to formally de-register the property pursuant to section 16 of the Heritage Property Act. This will require a staff report, a recommendation by the Heritage Advisory Committee, a Public Hearing, and a decision of Council, followed by notification of the property owner and filing of a Notice of De-registration in the Registry of Deeds.

782 East Chezzetcook Rd. East Che^cook
Heritsge Incentive Grants

Appeals Standjng Commjttee

May 12,2011

Registry of Deeds. The agreement w« fiLdTthe r^,^,t L a "* 1greCment bei"e reeorded in «■« the Property Owner appHed for ^ SS^^aDX7fnr^HV°n UnC3-2°08' In 2008 and 2O09
undertaken and the grant was not paid
Conclusion

not demolish the house for a period of 10 yearTrronT^,^ ?7

removal of thevinyl siding. A Z& S^Et^t*^ "" **"" "*°* f°"°Wi^
lgnS a" a6ree™'« that she will

doors ahd iw»s^-5?3r^ removal of linyl X^J^S^TJ^T^ rin ** rePlacemen< °f windows, ^ 2oo7/o8 ™™ * foundation, replace the roofand repair™ d«£o replace the
PP °r addlt'°nal grants but thc wo* «» xt

i,din. We are S
BUDGET

" - ^ -« »c Order to

manner a. taxes pursuantto the Ha,ifax
ALTERNATIVFS

r^

The stale ofthe property suggests no viable alternative to the
ATTACHMENTS

recommendation by Staff.

AppendixC: Append ixjD: Appendix |E:

aSLx £ Sz -I?! »o:a Scotia !*«* *«* Map
^opy of thc Notice to Appear posted May 4 2011

Appendt^ C°Py ^ T* BUilding °^Cials ReP°rt d^
Appendix H. Copy of the Demolition Order

AppendjxF:

4, 2011

■nlunnauon on ,* status, can be obtained by uunUcung the Office ofthc Municipa, Clerk at
Report Prepared pOr: Scott HiI(/5Pleer. By-Uw Servipc. Halifax
Repi
I ^>^ilnl

_
("'nil. if _n_

__

_
\

Police 490-7361

■• .i.-^tf"^

'olice >f9O-48!7

Report Approved By: -^^j
Austin French,

E=rop^annlng Services, 490-6717

Property Online Map

Page 1 of 1

PROPERTY On
Property Online Map
Date: May 5, 2011 12:11:14 PM

red By CARIS Spatial FUSIOfl

PID: County:

00628479 HAUFAX COUNTY

Owner:

FRANCESCA ROGIER

AAN:

00800554 TAXABLE)

Address: 782 EAST CHEZZETCOOK ROAD
EAST CHEZZETCOOK

Value: $78,000 (2011 RESIDENTIAL

LR Status: LAND REGISTRATION

The Provincial mapping is a graphical representation of property boundaries which approximate the size, configuration and location of parcels. Care has been taken to ensure the best possible quality, however, this map is not a land survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area. The Provincial mapping is not conclusive as to the location, boundaries or extent of a parcel [Land Registration Act subsection 21(2)]. THIS IS
NOT AN OFFICIAL RECORD.
Property Online version 2.0

This page and all contents are copyright © 1999-2003,Government of Nova Scotia, all rights reserved.

https://ows2.fiov.ns.ca/propertv-online/secure/map/eenerate.do

05/05/2011

Halifax Regional Municipality Map Output Page

Page 1 of 1

Explore HRM!
.■■*'" .■■*■"

..-■■•.

\
]JSm

v.

Hallfu Regional Munkapafcy makeB no rapreeantaiiont, expnaea-or Implied, y, cofnpletsnBBa and timeliness of the informalton and data contained on flw. plot Thta ptot is far MunldpaKy assumes no reapenalhility for to we. Data eoeuraqr eanoHns Bliauld be addresaed to Exp1oreHRH6h&lifBX.CB

http://hrm]vin09/servlet/com.esri.esrimap.Esrimap?ServiceName=insidexper serv&Clien...

05/05/2011

10/22/2010

11:47

902-435-6180

IC5T-BR0CKMAN

PAGE

01/03

3 Ridgcwood Court Dartmouth, Nova Scotia B2W6E5

Brockman Engineering Inc.

902-830-0290 FAX 902-435-6100

FAX Tfcm&mittal

Attn: Michael Morgan
' FAX 490-4661

HRM Development Services

Re: 782 East Chezzetcook Road Two (2) pages foUow this cover sheet

10/22/2010

11:47

902-435-6100

WEST-BROCKMAN

PASE

02/03

Brockman Engineering Inc.
3 Ridgenood Cpurt

Dartmouth, Nova Scotia B2W 6K5

9O2-«3(O-O2PO FAX 902-435-6100

001006x19,2010
Francesca Rozier 782 East Chezzetcook Road

HaHfint, N, S. BOJ1N0

Re; 7^2 East Cheaaetcoofc Road
The existing residential structure located at 782 East Chezzetcook Road was observed on October 19,

maximum ofthree months*

previous visit on April 25,201OJ attfcicipated that a perm

2010* this is a follow up observation from a previous visit. Based on our discussions at the time ofmy

permanent foundation is not provided by temporary cribbing.

between each component of the cribbing assembly or connection either to Ihe supporting soils or supported building. The required combination oflateral load and vertical load resistance for a

structures on cribbing is intended to be a temporary situation. Cribbiig has no mechanical connection

The structure has been supported on timber cribbing for an extended period oftime. Support of

The soil beneath the crib at the smith — east corner, near Ihe entrance to the home, has further eroded and

fallen away. Although this crib is still providing support, it can no longer be counted on as a secure supporting cribbing for the structure. Each storm brings more potential lor erosion of tbe supporting soils beneath this cribbing.
i

As previously stated in my letter of April 30.2010, although the steel beam and remaining cribs are adequate to cany the imposed temporary loads, movement is anticipated if the corner cribbing fails. The structure has been partially tied vertically at two locations. Ttte structure is tied to soil anchors instead of being, tied down to the ooured concrete ioundation at eacii oribbififc locaiioft.
The Umbers used for the lower tow of cribbiag on the north-west comer of the house are fractured. Some global sifting of each of the existing cribbing was noted. It appears the lower timbers of all crib sections are settling into die soil. Although the house has been supported on the cribbing through some significant wind storms, I can not state that the current support system provides an adequate support to protect the structure. Additional support is needed at the current time due to the shifting of the existing cribbing, erosion of soils beneath the crib at the south-east comer, and settlement of the cribbing into the soil. I urge you to address the support system immediately to protect both your investment and yourself.

7S2 EastOttrticookRoad

October 19.2pjg

1 Of 2

.0/22/2010

11:47

902-435-5160

WEST-BROCKMAN

PAGE

03/03

material in (he locations ofthe new cribbing.

would include a minimum oftwo (2) new cribs supporting each beam line. Lateral tic down bracing should be included with the additional shoring. The soil beneath each of the new shoring cribs should be prepared by removing any mud, loose or saturated soils and placing and compacting granular fiU

possible. But definitely within Hie next seven to ten (7 -10) days. This additional temporary shoring

two to four (2 - 4) weeks. Additional temporary vertical and lateral Bunnorf. should h* nnmn1*M ™>* co stan ot ioundation construction. Considering construction sdhedules, this should be done as soon as

new system of cribbing must be completed quickly. A reasonable time fiame fox a new foundation is

replaced by a foundation as soon as possible. Support ofthe structure on a permanent foundation or a

Placement of a structure on beams and cribbing should be a temporary situation, This structure is in need ofpermanent support in a very timely manner. The support system for this structure should be

agreement to move forward with the design would require boui a retainer and a film conu^ complete me support system within the needed time irame.

design ofboth the temporary support system and permanent foundation system for the structure* An

I understand the situation you are feeing and will, at your request, provide a quote fop engineering

Continued delays in permanently supporting the structure will result in increased potential for property damage, financial loss, and harm to you ifthe current cribbing support system moves or fails.

rockwaa, P. Eag.

7*3 fciwt UtezetcooK Road

October 19.20) 0

t-«*2of2
wHiv.bnjckmanafljiineennplnc.com

vim

Community Development PO Box 1749 Halifax NS B3J 3A5

Building Officials Report

Rl-GIONAI, M UN1CH'AJJT\

As requested by the By-Law Enforcement Officer, Mr. Scott Hill, an inspection of the property located at:
782 East Chezzetcook Road (PID # 00628479)
East Chezzetcook NS

The property was initially inspected on October 7, 2010 and a re-inspection of a Building Code Order was conducted on November 18, 2010
and resulted in the following observations:

Building Feature
Structure

Condition Relative to Habitabflity and Structural Integrity
Observations on October 7, 2010:

(wood frame, masonry,

steel, etc)

The building is 1 % storey cape cod style wood frame dwelling. The building is classified as a residential dwelling, which is referenced as Group C, Part 9 building of the National Building
Code.

The existing wood floor system was exposed to the underside during the course of the inspection. The existing floor joists are exposed to the elements such as wind, rain and freezing conditions. The existing floor joists show signs of decay and rot and may require replacement once the completed foundation is erected and the structural beams and columns have been
installed.
Observations on November 17, 2010:

The classification of the building remains unchanged, such as 1 !4 storey cape cod style wood
frame dwelling.

The wood frame exterior wall assemblies were at one time covered with wood shingles, this was in-tum was covered with vinyl siding. Under a building permit the vinyl siding was removed with the intent to be replaced. The vinyl siding has been has been removed for in excess of 2 years. The resulting wind and driving rain has led to a degradation of the exterior walls. Areas of the wallare now covered with existing base layer of wood shingles that are in very poor condition and some areas are a covered with an air barrier material commonly referred to as 'Typar'.
The lack of maintenance of the exterior cladding will lead to moisture penetrating the exterior cladding into the wall cavity and producing rot, mould and mildew conditions.

Foundation (Concrete, masonry, etc.)

Observations on October 7, 2010:

There is no foundation, the floor joist system of the existing dwelling is supported on wood "cribtemporary construction columns which in-turn support temporary steel beams during the
construction period.

The wood "crib" columns are bearing directly on the excavated soil base of mixed course grained soils and exposed rock. One of the wood "crib" columns is bearing on the poured concrete footings that were poured in place in July of 2008. The excavated soil base is exposed to the elements such as wind, rain, snow and frozen ground.

Soil erosion has commenced under some of the cribbing on the south easterly portion of the
dwelling

Mr Steve Brockman, P. Eng., from the engineering firm of Brockman Engineering Inc. has supplied a site inspection report to HRM Bylaw services evaluating the structural stability of the current construction supports, see letter dated March 30, 2010. The engineering report stipulates that the cribbing should be a "temporary situation" and that should be replaced with
permanent support within a "few months". To date it has been 6 months since the date of the engineer's inspection and over 2 years and 2

months since the placement of the wood "crib" temporary construction columns and temporary
steel beams.

The duration of the use of the wood "crib" temporary construction columns has exceeded its practical purposes and shows evidence of structural instability. The wood "crib" construction column located under the south easterly portion (front left side) does not appear to be supported
on solid soil.

The wood "crib" construction column located north westerly (right rear corner) of the dwelling, is out of plumb and listing in a westerly direction of approximately 4" to 6" from bottom to top. The base of wood "crib" construction column has broken cross members.
The entrance of rain, standing water in the excavation, snow and freezing conditions over the coming months will lead to further degradation of the supporting columns.

These two (2) columns are an immediate concern of failure and potential collapse of each corner of the dwelling.
Observations on November 17, 2010: Mr Steve Brockman, P. Eng., from the engineering firm of Brockman Engineering Inc. has supplied a site inspection report to the owner, Ms. Francesca Rogier arid faxed a copy to my attention; the report is dated October 19, 2010. The engineer's report limits the use of the wood "crib columns" to a maximum of 4-6 weeks for the completion of a new foundation. As a result the owner, Ms. Rogier, hired a contractor to add new wood "crib" construction columns and adjustable steel columns and repair the existing wood "crib" construction column. The steel columns have been added to support the temporary steel beams that in-turn support a portion of the dwelling. The base of the adjustable steel columns bears on the poured in place concrete footings that were placed in July of 2008. These adjustable steel columns will have to be removed if the foundation is to be erected because the steel columns are in direct path of the proposed new foundation wall assembly.

One of the wood "crib" construction columns is in the direct path of the proposed foundation and will have to be removed to complete the proposed construction.
The wood "crib" construction column located at the left rear (southern side) of the dwelling below the kitchen space has a substantial amount of deflection to due to movement of the structure and settlement into the base soil. This column is disproportionally loaded from the temporary steel beam overhead. This specific column has not been repaired since the inspection conducted on October 7, 2010 and is the in an immediate danger of failure. All of the wood "crib" construction columns bear onto the excavated soil and not a solid footing

nor compacted soil as per Mr. Brockman's recommendations.

The newly installed wood "crib-

construction column below the kitchen entrance ramp bears on loose fill which will continue to erode with each rain event. The steel cable tie-downs as recommended in Mr. Brockman's report are inadequate. The base of the cables are 'staked' into the super-saturated soil and not anchored properly into a solid portion of the footing assembly. The steel cables are loosely connected to the dwelling. The cables offer little or no lateral stability.

The excavated area contains standing water as well as the soil conditions are super-saturated. As the winter months approach this standing water will freeze and the frozen soil will adversely affect the bearing conditions of the wood "crib" construction columns. The National Building Sode requires excavation to be free of standing water and to be provided with protection from
reezing.

The removal and repair of any of the columns supporting this dwelling requires that the dwelling to be unoccupied until it is structurally adequate and bears onto a foundation that is compliance with Part 9 of the National Building Code.

Heating Services (wood, oil, electric, etc)

Observations on October 7,2010:

The portions of the supply air branch ducts that were visible had been disconnected from the existing furnace system. It is not known if a functioning heat system currently exists in the
dwelling.

Observations on November 17, 2010:

The heating services remain unchanged from the October 7, 2010 inspection.

The underside of the dwelling is not insulated from the winter elements and expected cold
temperatures that naturally occur during the winter season.

If there is an alternate heat source in the dwelling, such as a functioning electrical space-heater, the demand for electricity to heat the dwelling may exceed the capacity for the electrical services
of the existing dwelling.

If there is no form of any functioning heating system that complies with the Building Code, Electrical code or Oil/Gas Code then the building is considered uninhabitable.

Chimney

Observations on October 7, 2010:

(Steel, masonry, etc.)

No comment - the condition of the existing chimney was not inspected.
Observations on November 17,2010:

The existing brick chimney is exposed at the top of the roof of the upper storey, however, the chimney is covered in a plastic sheet and wood bracing. The base of the chimney has been removed from (he former crawlspace area. The portion of the chimney that extends through the centre of the dwelling is supported on the temporary steel beams that are also used to support the dwelling The existing chimney in essence is inoperable. Therefore the existing chimney is unsafe for any use of any appliance such as an oil furnace or wood burning appliance.

Roof (Asphalt, steel; etc.)

Observations on October 7, 2010:

The structural condition of the existing roof was not inspected.
from grade and appeared to be adequate.
Observations on November 17, 2010:

The existing roof was visible

The structural condition of the existing roof was not inspected from the interior of the dwelling. The exterior profile of the roof line shows evidence of sag and settlement through the centre of the roof space between the 2 front dormer sections. The asphalt roof shingles are covered in places with organic matter such as mould. It is undetermined at this time if the roof assembly has the ability to shed rain water.

Services

Observations on October 7, 2010:

(Water, sewer, etc.)

The dwelling is served by an on-site well and water pump. The water supply line from the well pump to the dwelling, as well as the water distribution system was exposed beneath the dwelling and un-insulated. This is a potential hazard for freezing during the winter months.
The dwelling is served by an on-site sewage disposal system (septic tank and field). The fixtures, traps, branch drains and the building drain were exposed beneath the dwelling and un-insulated.
This is a potential hazard for freezing during the winter months. Observations on November 17, 2010:

The condition of the water supply (well), water distribution, suspended water heater, and sanitary drainage system remains unchanged from the October 7, 2010 inspection. It is undetermined at this time if there is any potable (drinking) water and if the sanitary system is
actually functional.

There is a hazard for freezing of the water distribution and sanitary system during the winter months.

Observations on October 7, 2010:
Not applicable

Observations on November 17, 2010: The southern area of the property is strewn with debris and discarded construction material (that was once covered with vegetation). This area is not restricted from access by the public. This property is directly adjacent to a basketball court and public park space.

Public Safety Considerations
Observations on October 7, 2010:
1.) The dwelling is located approximately 30 feet from the East Chezzetcook Road and the entire excavated area is open to unrestricted access. 2.) The wood "crib" construction columns located beneath the dwelling have exceeded their practical life expectancy and are in an immediate danger of failure and collapse. Observations on November 17, 2010:

3.) The building is not structurally sound due to the lack of a foundation in accordance with Part 9 of the National Building Code and due to the requirements and limitations set by the owner's professional engineer. 4.) The soil is super-saturated and prone to freezing conditions. 5.) There is no evidence of any functional heat source to protect the occupant(s) of the dwelling 6.) There is no evidence that the sanitary system and potable water distribution system is operational now nor will be will be operational when the outside temperatures drop below zero degrees Celsius.

Building Official's Overall Recommendation Regarding Demolish Request
The structure is not designed to provide habitation on an on-going basis and is destined for structural failure.

To protect the life safety of persons entering on this property, I recommend that the building is vacated and secured from any
occupancy.

To protect the life safety of persons entering on this property, I recommend that the property is secured with a construction fence that complies with National Building Code.
Failure to install a foundation and all related columns and beams required to support the dwelling will result in a structural failure of this building.

Michael Morgan (902) 476 - 9207
Building Official (please print)

Building Official's Signature

Supervisor's Initials

Regional municipality

ORDER TO VACATE AND SECURE UNSAFE PROPERTY
Sections 359(1) and 360 of the Halifax Regional Municipality Charter, S.N.S., 2008,
C.39 Hereinafter referred to as the "Charter";
-and-

THE MATTER OF:

IN THE MATTER OF:

782 East Chezzetcook Rd. East Chezzetcook, Nova Scotia; PID # 00628479; Tax # 00800554; Case # 150909;
Hereinafter referred to as the "Property"
-and-

IN THE MATTER OF:

The main residential structure

Hereinafter referred to as the "Building"
Francesca Rogier 782 East Chezzetcook Road East Chezzetcook, Nova Scotia BOJ 1N0

TO:

WHEREAS you are the registered owner of the Property;

AND WHEREAS located on the Property is in an unsafe condition as the Building is not structurally sound, inadequately
supported and1 not habitable and the Property excavation being inadequately secured from access;

TAKE NOTICE that you are herby ordered to have the Building and Property immediately vacated forthwith and then
secured against access;

AND FURTHER TAKE NOTICE that your failure to secure the Building and Property immediately after service, the Administrator; or any person authorized by the Administrator, may enter upon the Property without warrant or other legal
process and carry out the work specified in this Order;

AND FURTHER TAKE NOTICE that the costs of complying with this Order, including the cost of completing the work specified herein, incurred by the Halifax Regional Municipality ("HRM") or its agents, is a debt payable by you to HRM and that HRM has a first lien on the Property in the amount of the debt which may be collected in the same manner and with the same rights arid remedies as rates and taxes pursuant to the Charter;
AND FURTHER TAKE NOTICE that upon service of this Order, any person who aids, assists, permits or causes a dangerous or unsightly condition or fails to comply with the terms of this Order is liable on summary conviction to a penalty

of not less th£t One Hundred Dollars ($100.00) and not more then Ten Thousand Dollars ($10,000.00) and in default of
payment to iimprisonment for a period of not more then two(2) months and every day during which the condition is not
remedied is a separate offense;

DATED at Halifax, Nova Scotia this 19th day ofNovember, 2010 AD.

Scott Hill

Issuing By-Law Enforcement Officer
902-490-7361

Rogers

idministratc

Halifax Regional Municipality

Regional Municipality

ORDER TO REMEDY DANGEROUS CONDITIONS

THE MATTER OF:

C.39

Sections 359(1) and 360 of the Halifax Regional Municipality Charter, S.N.S., 2008,

Hereinafter referred to as the "Charter";
-and-

TN THE MATTER OF:

782 East Chezzetcook Rd. East Chezzetcook, Nova Scotia; PID # 00628479; Tax # 00800554; Case # 161432; Hereinafter referred to as the "Property"
-and-

IN THE MATTER OF:

The main residential structure Hereinafter referred to as the "Building"
Francesca Rogier

TO:

782 East Chezzetcook Road East Chezzetcook, Nova Scotia BOJ 1N0 WHEREAS you are the owner(s) of the Property;

AND WHEREAS located on the Property is a dangerous condition due open access to the public, in accordance with Section
3(q) of the Charter;

TAKE NOTICE that you are hereby Ordered to immediately remedy the condition of the Property by securing all openings from public access, so as to leave the Property in a neat, tidy, environmentally compliant and safe condition; AND FURTHER TAKE NOTICE that your failure to immediately comply with this Order may also result in further legal
action;

AND FURTHER TAKE NOTICE that your failure to immediately comply with the requirements of this Order, the Administrator, or any person authorized by the Administrator, may enter upon the Property without warrant or other legal process and carry out the work specified in this Order;

AND FURTHER TAKE NOTICE that the costs of complying with this Order, including the cost of completing the work specified herein, incurred by the Halifax Regional Municipality ("HRM") or its agents, is a debt payable by you to HRM and that HRM has a first lien on the Property in the amount of the debt which may be collected in the same manner and with the
same rights and remedies as rates and taxes pursuant to the Charter; AND FURTHER TAKE NOTICE that upon service of this Order, any person who aids, assists, permits or causes a dangerous or unsightly condition or fails to comply with the terms of this Order is liable on summary conviction to a penalty of not less that One Hundred Dollars ($100.00) and not more then Ten Thousand Dollars ($10,000.00) and in default of payment to imprisonment for a period of not more then two (2) months and every day. during which the condition is not
remedied is a separate offense.

DATED at Halifax, Nova Scotia this 29th of April,2011.
Scott Hill Issuing By-Law Enforcement Officer 490-7361

Erin Dobson Administrator Halifax Regional Municipality

[AL1
Regional Municipality

NOTICE TO APPEAR

IN THE MATTER OF:

Section 356 of the Halifax Regional Municipality Charter, S.N.S., 2008, C.39 Hereinafter referred to as the "Charter"
-and-

IN THE MATTER OF:

782 East Chezzetcook Rd, East Chezzetcook, Nova Scotia; PID # 00628479; Tax # 00800554; Case # 161432; Hereinafter referred to as the "Property"
-and-

IN THE MATTER OF:

The Structurally Unsound Building Hereinafter referred to as the "Building"
Francesca Rogier

TO:

782 East Chezzetcook Rd. East Chezzetcook, NS BOJ 1N0

WHEREAS you are the owner of the Property;

AND WHEREAS situated on the Property is the Building identified as dangerous or unsightly as per section
3(q) of the Charter;

TAKE NOTICE that you are hereby requested to appear before the Dangerous and Unsightly Premises Committee ^"Committee") at 10:00am on May 12, 2011 in the Council Chambers, 3rd Floor, City Hall, 1841
Argyle Street, Halifax, Nova Scotia;
i

At which time the Committee will consider the following application:

APPLICATION by Staff for an Order pursuant to section 356 of the Charter, to require demolition of the Building, removal of all demolition debris, backfilling of any basement or crawl space and the disconnection of any and all utility connections to the standard set by the service provider within thirty (30) days of the date of the Order.

SECTION 356(3) OF THE CHARTER provides the opportunity for the owner of the Property to appear and be heard by the Committee;

DATED at

Halifax, Nova Scotia this 4th day of May, 2011

Scott Hill

irin Dobson

Issuing By-Law Enforcement Officer
490-7361

Administrator Halifax Regional Municipality

Community Development
Municipality-

PO Box 1749 Halifax NS B3J 3A5

Building Officials Report

As requested by the By-Law Enforcement Officer, Mr. Scott Hill, an inspection of the property located at:
782 East Chezzetcook Road (PID # 00628479)
East Chezzetcook NS

The property was inspected on May 4, 2011 and resulted in the following observations:
Building Feature
Structure (wood frame, masonry, steel, etc)

Condition Relative to Habitability and Structural Integrity
The building is 1 Vi storey cape cod style wood frame dwelling. The building is classified as a residential dwelling, which is referenced as Group C, Part 9 building of the National Building
Code.

The existing wood floor system was exposed to the underside during the course of the inspection. The existing floor joists are exposed to the elements such as wind, rain and freezing conditions. The existing floor joists show signs of decay and rot and may require replacement once the completed foundation is erected and the structural beams and columns have been
installed.

Foundation (Concrete, masonry, etc.)

There is no foundation, the floor joist system of the existing dwelling is supported on wood "cribtemporary construction columns which in-turn support temporary steel beams during the construction period. The wood "crib" columns are bearing directly on the excavated soil base of mixed course grained soils and exposed rock. One of the wood "crib" columns is bearing on the poured concrete footings that were poured in place in July of 2008.
The excavated soil base is exposed to the elements such as wind, rain, snow and repeated winter seasons of frozen ground and frost heave. Soil erosion has commenced under the cribbing on the south easterly portion of the dwelling

Mr Steve Brockman, P. Eng., from the engineering firm of Brockman Engineering Inc. has supplied a site inspection report to HRM Bylaw services evaluating the structural stability of the current construction supports, see letter dated March 30, 2010. The engineering report stipulates that the cribbing should be a "temporary situation" and that should be replaced with permanent support within a "few months". To date it has been in excess of 12 months since the date of the engineer's inspection and over 2 years and 10 months since the placement of the wood "crib" temporary construction columns
and temporary steel beams.

The duration of the use of the wood "crib" temporary construction columns has exceeded its practical purposes and shows evidence of structural instability. The wood "crib" construction column located under the south easterly portion (front left side) does not appear to be supported
on solid soil.

The wood "crib" construction column located south westerly (left rear corner below the existing

on the wood crib column. The settlement and deflection of this column is of an immediate concern, should this column fail it wilLbe catastrophic to the remaining supports beneath the
dwelling.

1st storey kitchen area) of the dwelling, is out of plumb and is deflecting due to the offset loading

The entrance of rain, standing water in the excavation, and organic material within the
excavation will lead to further continuous degradation of the supporting columns and wood rot at the base of the wood crib columns.

Adjustable steel columns have been installed beneath the dwelling since the initial structural assessment inspection of October 2010. The adjustable steel columns have been utilized to alleviate the loading and stresses on the wood crib columns located at the north west corner of the dwelling. The steel columns have not installed properly and have exceeded their design
limitations as per the National Building Code.

plate and a threaded column extension rod. The tops and bottom plates have not been supported properly for 2 of the adjustable steel columns. For example, a railroad tie plate has been used as a 'steel shim' base for one of the columns. The adjustable steel columns are exposed to the weather and have signs of rust and corrosion. Heating Services
The portions of the supply air branch ducts that were visible had been disconnected from the existing furnace system. The remnants of the forced air system have been discarded in the rear yard area and have been exposed for several months to the local weather without any protection. The ability to reinstall the material may not be prudent considering health effects of rust, mould or fungus on the surfaces of the discarded supply air branch ducts. The existing chimney is visible at the peak of the roof and has been rendered inoperable. The base of the brick chimney has been supported by the temporary steel beams beneath the dwelling, again rendering the existing chimney inoperable for a heat source. It has been observed, by me, on a prior inspection in October of 2010 that the oven-range was being utilized for a temporary heating of the dwelling.

The adjustable steel columns consist of 2 section of pipe a centre locking pin, a top and bottom

(wood, oil, electric, etc)

Chimney

(Steel, masonry, etc.)

The existing chimney is visible at the peak of the roof and has been rendered inoperable. The chimney is shrouded with a plastic membrane/sheet to reduce rain penetration into the dwelling in this location.

The base of the brick chimney has been supported by the temporary steel beams beneath the dwelling, again rendering the existing chimney inoperable for a heat source.

Roof , (Asphalt, steel, etc.)

The existing roof was visible from grade and appeared to be adequate; however, the roof section at the front of the dwelling is showing signs of sagging and deflection.

The deflection in the roof on both sides of the existing 2nd floor level dormers has sagged, such
sagging may be as a result of rot within the supports adjacent to the roof dormers and rot at the supports at the front exterior walls.

as it has an appearance of a 'rolling wave' from one side of the dwelling to the next side.

The

The deflection of the front roof section cannot be confirmed without destruction of the ceiling within the dwelling to determine the appropriate cause and subsequent course of action.

The permit issued by Halifax Region Municipality does not include renovation to the existing wood frame dwelling; the permit is primarily for the construction of a new concrete foundation to
support the dwelling.

Services (Water, sewer, etc.)

The dwelling is served by an on-site well and water pump.

pump to the dwelling, as well as the water distribution system was exposed beneath the dwelling and un-insulated. This is a potential hazard for freezing during the winter months.

The water supply line from the well

Power supply for the water distribution system consists of an electrical extension cord. This type of wiring was not designed as permanent portion of the electrical system and may result intermittent power to the water distribution system and potential for electrical shock to the occupants. A qualified electrician and/or electrical inspector would be required to address deficiencies related to the existing electrical wiring systems and services that support the water distribution system. The dwelling is served by an on-site sewage disposal system (septic tank and field). The fixtures, traps, branch drains and the building drain were exposed beneath the dwelling and un-insulated.
This is a potential hazard for freezing during the winter months.

Other

The owner and/or contractors have created a swale/ditch to drain surface water from beneath the dwelling. The swale has standing water and appears to contain a high amount of floating
organics in the standing water.

Located to the rear of and adjacent to 782 East Chezzetcook Road is the Nathan Smith Recreation Centre at 796 East Chezzetcook Road, owned by HRM.

The water run-off from the swale at 782 East Chezzetcook Road passes through 796 East
Chezzetcook Road to eventually reach the harbour at East Chezzetcook.

on-site sewage system.

The organics in the swale may be as a result of a defective on-site sewage disposal system and may require the Province's Environment services to inspect and certify the functionality of the

Public Safety Considerations
1.) The dwelling is located approximately 30 feet from the East Chezzetcook Road and the entire excavated area was open
to unrestricted access. Since my initial inspection in October, a fence has been erected to restrict passers-by from
entering the excavated area.

2.) The wood "crib" construction columns located beneath the dwelling have exceeded their practical life expectancy and are
in an immediate danger of failure and collapse.

Building Official's Overall Recommendation Regarding Demolish Request
The structure as is, is not designed to provide habitation on an on-going basis and is likely destined for structural failure.

Michael Morgan (902) 476 - 9207 Building Official (please print) Building Official's Signature
Supervisor's Initials

Regional Municipality

ORDER TO REMEDY DANGEROUS OR UNSIGHTLY PREMISES BY DEMOLITION

IN THE MATTER OF:

Section 356 of the Halifax Regional Municipality Charter, S.N.S., 2008, C.39 Hereinafter referred to as the "Charter";
-and-

IN THE MATTER OF:

782 East Chezzetcook Rd. East Chezzetcook Nova Scotia; PID # 00628479; Tax # 00800554; Case # 161432;
Hereinafter referred to as the "Property";
-and-

IN THE MATTER OF:

The Structurally Unsound Building Hereinafter referred to as the "Building"

TO:

- Francesca Rogier

782 East Chezzet(#bk Rd. East Chezzetcook, NS BOJ 1N0

WHEREAS you are the registered owner of the Property;
i

AND WHEREAS the Appeals Standing Committee (the "Committee") has determined, upon review of the evidence submitted to the Committee, that the Property is dangerous and/or unsightly in accordance with Section 3(q) of the Charter;
i

TAKE NOTICE that you are hereby Ordered to remedy the condition of the Property by demolishing the Building including but not limited to the removal of all demolition debris, backfilling of any foundation or crawl space, disconnecting any and all utility connections to the standard set by each respective utility service provider, so as to leave the Property in a neat, tidy,
environmentally compliant and safe condition;

AND FURTHER TAKE NOTICE that yotir failure to comply with the requirements of this Order within thirty (30) days

or other legal process and carry out the work specified in this Order;

after service, liie Administrator, or any person authorized by the Administrator, may enter upon the Property without warrant

AND FURTHER TAKE NOTICE that the costs of complying with this Order, including the cost of completing the work
specified herein, incurred by the Halifax Regional Municipality ("HRM") or its agents, is a debt payable by you to HRM and that HRM has a first lien on the Property in the amount of the debt which may be collected in the same manner and with the same rights arid remedies as rates and taxes pursuant to the Charter; AND FURTHER TAKE NOTICE that upon service of this Order, any person who aids, assists, permits or causes a dangerous or unsightly condition or fails to comply with the terms of this Order is liable on summary conviction to a penalty of not less that One Hundred Dollars ($100.00) and not more then Ten Thousand Dollars ($10,000.00) and in default of payment to imprisonment for a period of not more then two (2) months and every day during which the condition is not remedied is a separate offense.

DATED at Halifax, "Nova Scotia this 12th day of May, 2011

Scott Hill Issuing By-Law Enforcement Officer
490-7361

Brad Johns Chair, Appeals Standing Committee