WHEREAS the condition commonly known as hoarding is becoming more prevalent within communities; AND WHEREAS first responders and other visitors to the residence of a hoarder are placed at risk due to the condition of the premises; AND WHEREAS local governments have little or no authority to enforce compliance with health and safety standards when a building is owner occupied: THEREFORE BE IT RESOLVED that UBCM encourage the provincial government to establish legislation that will enable local governments to address safety concerns in situations where hoarding has created hazards for the residents, first responders and the neighbourhood.
Ministry of Community, Sport and Cultural Development Under section 8 of the Community Charter, municipalities are authorized to regulate, prohibit and impose requirements in relation to various nuisances including unsanitary conditions on property. Accompanying regulatory authority in section 16 of the Community Charter allows municipal officials to enter onto or into property to inspect to ensure that the requirements of the bylaw are being met - and if they arent being met, the municipality may take action itself to fulfill the requirements and recover the costs from the owner. Under section 74 of the Community Charter, a municipality may declare a building or other structure to be a nuisance if council considers it to be so dilapidated or unclean as to be offensive to the community and then impose requirements e.g. to bring it up to a standard specified in the bylaw. If the situation is not remedied, the municipality may take remedial action and recover the costs from the owner. There is due process that the municipality must follow - but if followed, the owner must comply, or the municipality can undertake the necessary works and recover its costs.