l'il excerpt from the current Rat Creek that once again raises the issues surrounding the city's powers vis-à-vis the MGA
The transformation of Alberta Avenue
http://ratcreek.org/the-transformation-of-alberta-avenue/
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Over the past 20 years, Alberta Avenue has transformed from a place to avoid into a destination for people from across the capital region. Along with well-attended events like Kaleido Family Arts Festival and MuttStock, we are home to dozens of thriving local businesses that keep our sidewalks busy year-round.
A persistent thorn in the side of rejuvenation has been derelict properties. Constrained by provincial legislation which dictates that as long as a property is structurally safe, there’s little the city can do.
Property owners may have a number of reasons to allow a building to remain derelict. Foremost is avoiding the higher property taxes resulting from improving a building. Those of us who hoped recent amendments to the Municipal Government Act (MGA) might provide avenues to more aggressively deal with these property owners were disappointed.
In 2002, Winnipeg passed the Vacant and Derelict Buildings Bylaw. Considered the most stringent bylaws related to vacant and/or derelict properties in North America, it enables stiff boarding fees for residential and commercial properties, with the most extreme enforcement provisions in the bylaw allowing the city to take possession of a derelict building with no compensation to the owner. Before the city takes title, they must provide the owner several opportunities to correct the property and appeal the decision. They must also have a redevelopment plan for the site. In many cases, this has involved passing the property over to a community or non-profit group for a nominal fee, turning an eyesore into a benefit. Between Jan. 1, 2010 and Nov. 30, 2016, the program dealt with 1774 vacant or derelict properties.
The problem in Alberta isn’t that municipalities don’t have the authority to confiscate properties. Rather, the problem is municipalities can’t impose fines and increase tax burdens on derelict property owners, no matter how negatively they impact surrounding properties and the community as a whole.
Albertans have been invited to have their say about further amendments to the MGA until Jan. 31, 2017.
Those of us who want to see the blight of derelict properties removed from our landscape might want to ask the provincial government to make the legislative changes our cities need to do so.
Send comments to Minister Danielle Larivee via
[email protected].