Description

This determination arises from the decision of the authority to issue a dangerous and insanitary building notice in respect of a building at 104 Waterfront Drive.

In regards to the building being dangerous, the authority is of the view that the front veranda roof is not secured properly and is unsupported; the building is showing visible signs of collapse in progress; and the weight of debris building up on the rear of the building raises concern with regard to lateral forces being exerted on the building.

The applicant accepts the building is insanitary under section 123, but disputes that it is dangerous as defined in section 121(1). The matter to be determined is the authority's exercise of its powers of decision in issuing the notice under section 124(2)(c) in respect of the authority's view that the building is dangerous as defined in section 121(1).