Municipality moves to protect public after owner fails to secure dangerous site
The Municipality of Clarington has arranged for 24-hour security at the former Goodyear lands in Bowmanville after concluding the property owner did not comply with municipal orders to make the site safe.
Municipal officials say the action follows an engineering assessment and a history of enforcement attempts, including a prosecution that was dismissed in Provincial Offences Court. The municipality also emphasised that local residents will not be on the hook for the costs of the security measures.
In a statement, Mayor Adrian Foster said the safety of the community is the municipality’s top priority and that staff have used “every available legal and regulatory tool” to address the issue while pursuing further remedies.
“The safety of our community is our top priority. While this property is privately owned, the Municipality will continue to use every available legal and regulatory tool to address serious safety concerns and hold the owner accountable for complying with municipal orders.”
What led to the decision
Municipal staff have been working with the property owner for some time to advance the safe demolition of the main building and to secure the larger site. The main building had been declared unsafe and an order issued for demolition; the owner subsequently appealed that order to the Court.
Separately, Clarington Emergency and Fire Services had prosecuted the owner for failing to secure access to the building, but those charges were dismissed by the Provincial Offences Court. As part of the municipal court matter, the municipality’s outside legal counsel retained a structural engineer to evaluate the property.
On Aug. 4, the engineer and municipal enforcement staff attended the property. Their assessment identified significant safety concerns, including deteriorating building conditions, unsecured areas, hidden site hazards and evidence of unauthorized access and unlawful work being done on the premises. Based on that assessment, the owner was ordered to post around-the-clock security with a compliance deadline of Aug. 9. Because the order was not met, the municipality arranged for security itself.
Practical details and next steps
- The site in question is privately owned but was declared unsafe and ordered to be demolished.
- The owner appealed the demolition order and has been involved in court proceedings.
- After an engineer’s assessment identified multiple hazards, the municipality ordered 24-hour security; non-compliance led the municipality to arrange security on its own.
- Municipal officials say residents will not be responsible for the cost of the security.
The municipality says staff have exhausted numerous enforcement measures and continue to follow due process while pursuing legal and regulatory remedies to ensure the property is secured. No timeline for demolition or further council actions was provided in the municipality’s release.
| Key dates | Action |
|---|---|
| Before Aug. | Building declared unsafe; demolition order issued and appealed |
| Aug. 4 | Structural engineer attended site with municipal staff; significant safety issues confirmed |
| Aug. 9 | Deadline for owner to post 24-hour security (not met) |
For Bowmanville and wider Clarington, the development highlights the challenges municipalities face when private property poses risks to public safety. The decision to step in, absorb immediate security responsibilities and continue legal action reflects a growing emphasis by local governments on intervention when owner non-compliance may endanger residents or invite unlawful activity on a site.
Municipal staff said they will continue to pursue appropriate legal and regulatory remedies to ensure the site is secured and that the owner complies with municipal orders.
