Seal Cove property owner ordered to act

By Craig Westcott

CBS council has revoked a cleanup order from over two years ago for a property in Seal Cove and issued a new one giving the owner 60 days to take action.

The property is located at 34 Hopewall Gardens and was once a personal care home, but was sold in May 2022, around the time the Town first identified concerns with the building pertaining to the condition of the outside stairs, debris and derelict vehicles on the land, and the state of multiple accessory buildings.

In May 2023, the Town determined the plumbing either inside the building or outside below ground had failed and caused water to flow onto a neighbouring property. The Town then disconnected water to the building.

After Town staff reported having seen fallen ceilings and black mould in the building – after looking through the windows – the owner was contacted with the result that exterior stairwells were removed and some vehicles and debris were taken away.

The owner several times applied and was given permission to demolish or relocate one of the accessory buildings, but according to a briefing note to council, no action was ever taken.

In May 2024 the Town advised the owner it intended to inspect the building. The owner filed an appeal challenging the Town’s authority to enter the structure. After an independent adjudicator dismissed the Appeal, the owner took the matter to the Supreme Court of Newfoundland. The matter was still in the preliminary court stages as of last month.

The reason the council had to revoke the original order to clean up or demolish the property is because it was issued to Hopewell Enterprises Ltd., the former owner of the property, and may not be enforceable. Staff say the Town was never informed of the sale and only learned of the ownership transfer last year.
Deputy Mayor Andrea Goose made the motion to issue the new order requiring the owner to apply to the Town within 30 days for permission to repair or demolish the main building, and that the repairs or demolition occur within 60 days of the new order.

Councillor-at-Large Rex Hillier seconded the motion.

“This has been ongoing for quite some time,” said Gosse.

Hillier agreed. “September 6, 2023, was (the date of) the first order and it still hasn’t been straightened out and now we’re going back to it again,” he said. “This is long overdue. We need to get this building either repaired or torn down.”

The motion to reissue the order passed unanimously.