Friday, September 30, 2011

I'd like to hear from you

I'm very curious who the people are that have come here to visit this website. I'd love to hear from you! Who are you, and how did you find this website? Please email me at info@murdochmanagement.ca

Monday, September 19, 2011

Garbage again

There's been some garbage lying around again behind 435 Cumberland ave, and the bags have been ripped open and garbage spread around. The wind blew it all over, down the lane, and onto our property. I was rudely surprised this morning when I headed out to work by all the garbage that was blown over, and I got really ticked off by it. It also really ticks me off that, whenever Murdoch has a problem and they don't have the ability to take care of it, it becomes our problem, and we have to take care of it! We can't even count how often we've had to pick up garbage belonging to 435 Cumberland. Still, after three years, Murdoch is trying to fix these problems without adjusting their budget, without spending money, and without going to too much effort. In other words, nothing has happened, nothing has changed. Except that they removed the cat litter that had been keeping the drunks away. What a winning move that was.

Turns out my lovely wonderful ambitious wife went out early this morning and started cleaning up garbage before I was able to stop her. Here are pictures of what's left:



It's been a little quieter lately


Well it's been quieter lately behind 435 Cumberland ave, less people drinking, better garbage control. There was another violent guy who tried to kick his way into our building, but he didn't break anything, just left some footprints on the door, so it wasn't as big of a deal as last time. There's been some scary african gang-type people back there making noise at 2am, we leave them alone.

Monday, July 18, 2011

Kitty-litter removed

Oh no! Someone came and removed all the kitty-litter on the pad! For the last few years, Murdoch couldn't be bothered to pay attention to this piece of property, but now that there was a partial solution to the problem, somebody got motivated to start cleaning and they removed the solution! I wonder if it's possible to source some used kitty litter somewhere.
*Update* We did actually find some used kitty-litter to put down, but it was so gross, we couldn't bring ourselves to do it.

Sunday, July 10, 2011

Kitty litter and acousta-seal


This has been an incredibly rare sight. Ever since the kitty litter was put down on the pad, there has been almost no one drinking here. It's been wonderful! Only twice have I ever seen anybody sitting on the stuff. And the acousta-seal on the fence (the black goopy stuff you see on the brown fence boards) seems to be doing wonders as well. We're really happy with how things have been quieter lately. There are still people who will stand around and drink back there, but not as many, and they don't stay around as long.

Saturday, July 2, 2011

Who owns this place anyway?

Lately I've noticed that the drinkers have gained a real sense of ownership of the City Oasis dumpster pad. Whenever we try anything to prevent them from drinking between our buildings, they get angry specifically at us. I understand that Murdoch Management has allowed them to sit here for a few years without incident, and that they have learned that they come to no harm here, there is no resistance to them coming here to drink. This is the first wrong that has been committed by the property management. This sense of ownership that I'm feeling from the drinkers is really upsetting. The belief that these drinkers have that they deserve to be able to drink here, to take up residence on both of our properties, and that we are the offenders when we try to protect our property, this is the second wrong that has been committed. I'm not even sure if I can put my finger on exactly why this is so upsetting... but it is! This sense of ownership is just really wrong! It's for these reasons that our property is at risk, our people are at risk, and our business is at risk. It's for all these reasons that I continue to fight against this stuff, and I am continuing to draw upon any resources that I can find. If anyone has any more ideas for me, please email me!

Kitty litter

It seems someone else has also taken offense at the patrons of the pad. We found the ledge covered in used kitty litter, which I think is an awesome idea, and I think it'll be really effective. I think it's interesting that someone has compiled this much used kitty litter, and it makes me wonder what sort of person this is who has so much used kitty litter to spare... anyway, I do appreciate the effect it has on the pad, I really think it's helped to keep down the traffic there over the last couple of days. I'll try to post a picture here asap. For those who suspect that it was someone in our building who did this, nobody in our building has pets, the last one died a number of years ago.

Friday, July 1, 2011

Comments / followers

I see that I've got some people following my blog and commenting. This is good to see. But don't be rude!

P.S. I created an email address for myself here, just because I can. It is info@murdochmanagement.ca, please feel free to drop me a line, send me anything you want.

Wednesday, June 22, 2011

Damage done to our property by drunk on City Oasis property

WPS Incident number C11-128888.

Here is a guy who came to drink between City Oasis and our building last night. I took one picture of him and he immediately approached me with verbal threats, so I quickly went back in our west entrance. He started hitting our door with something, I saw some marks on the door the next day. He also broke one of the glass windows at our west entrance, and took a piece of rock and some acousta-seal and put it on one of the cars in our parking lot. This car has also been damaged earlier this year by people drinking on the pad, throwing stuff on our property and at this car. Here is the guy who caused the damage last night:


I don't have pictures of him drinking, but we did find his King Can after he left.
Here is the window he broke:


Here is the car that he vandalised:



So we are continuing to document this stuff to bring to my lawyer. The last time I talked to him about this, he said nothing can really be done until some damage has been done to our property, then it's legally considered a nuisance. And that milestone has now been reached.

Tuesday, June 7, 2011

Purpose of this website

I just wanted to write a bit to reiterate the purpose of this website. Murdoch Management seems either unwilling to work with us on the problems at City Oasis, 435 Cumberland Ave (a property they are managing), or for some other unknown reason have no desire to solve the problems on their property. They have, in the past, even been unwilling to look at free solutions that we brought to them, where no work was required on their part. I really can not understand why Murdoch seems so resistant to doing anything.

In our reports that we have filed with various agencies, we noted how our other neighbours, 411 Cumberland, were extremely co-operative. When I asked the management at 411 about meeting with them about graffiti, they cleaned up the graffiti immediately before we could even meet! And they didn't use the free options either, they actually paid somebody to do it.

So the purpose of this website is to continue to document the problems at 435 Cumberland Ave, and to have it posted in a place that is accessible to our tenants here at 427 Cumberland Ave, so that our tenants know that we are actually trying hard to deal with these problems, and we are not just ignoring them. I have also been able to show this website to various agencies whose services I have enlisted in trying to deal with these problems, most notably, the Winnipeg Police, the City of Winnipeg Community Bylaw Enforcement, and the Manitoba Liquor Control Commission.

There seems to be better response now from Murdoch Management about garbage cleanup. This can be directly attributed to the City of Winnipeg Community Bylaw Enforcement Services getting on Murdoch's case and telling them to either clean up their own garbage, or the City will clean it up for them, and bill them for the trouble. I talked to the police lately, and they said they can do the same thing with the weeds between our building that are encroaching onto our property (427 Cumberland Ave). But there has been absolutely no movement regarding the drinking between our buildings. I continue to take pictures every single day.

Thanks very much to Chris for helping us work with the City of Winnipeg!

Randy

Friday, June 3, 2011

Police came for a visit today

Well there's been lots of stuff going on here, we've taken lots of pictures, I got chased by a couple of guys, but we haven't had time to post anything online lately. The police from Division 11 Community Support came by today, thanks very much to Harvey Smith's office for helping to arrange this, we talked about several aspects of the problems here on the east side of 435 Cumberland Ave, City Oasis. It was a very good chat, and they said I could call any time, and there may be times when they can send a car over very quickly.

Pics of guys who were upset with their pictures being taken. They are regulars here. The police advised that Community Bylaw Enforcement is also able to come and cut down the weeds on the east side of their building, and send the bill to Murdoch Management, so we'll be checking out that avenue now as well. I'm starting to get upset at the fact that I am spending so much time taking pictures, sorting them, and documenting these problems. Janine is not happy about the amount of time we've wasted doing this stuff as well.

Wednesday, May 18, 2011

Drinking Listerine

Well today was interesting, the people on the pad today spent a long time contemplating the alcohol content of a 1L bottle of Listerine. I took lots of pictures of them, and walked closer and closer, and they did not notice my camera. I think even when I was talking to them, they didn't see the camera that was right in front of them. So I got this lovely video!

Monday, May 16, 2011

It's been a little quieter lately

Things have been a little quieter at 435 Cumberland Ave lately. Today I heard a bunch of talking and yelling, there were people congregating and having a (good?) time, and they were not moving on. So I went out with my camera, and they slowly wobbled away when I started taking pictures. See video below:


We have pictures as well, but they are very standard and no more remarkable than usual, so I am not putting them up.

Friday, April 29, 2011

A guy so drunk, he's not allowed in the drunk tank

Well this has been an exciting morning already, with a party happening first thing in the morning. The individual pictured was happy to have his picture taken.



They eventually left, but one of the participants was so drunk that he fell over and couldn't move.   The guy had a gash on his head, and his mouth was black, he almost looked dead. All he could do was turn his head and lift one arm, so I called 911 immediately. The first responders came and told me that this individual was so drunk that he wasn't allowed to go to the drunk tank, he had to go to the hospital.
I will be making more police reports about this and tracking each incident as I am able.

So many parties!

There were so many people drinking here yesterday at Murdoch's property that I hardly know where to begin with documenting this stuff. So I'll just put up a random sampling of pictures.





Thursday, April 28, 2011

A large group of people partying at 435 Cumberland Ave

Police incident number C110084508, 10:17pm, April 28 2011, people partying at 435 Cumberland Ave.

These people were intimidating because they told the biggest member of their group to go take my camera away from me, so he came over to near me and started shaking my gate that was standing between him and I. Usually these people don't bother me at all, but this group was intimidating. Also, we observed two different groups of girls coming to this exact same spot to drink alcohol. We have too many pictures, we can't post all of them here. I'll just post the video that I took this evening here:

Saturday, April 23, 2011

Drinking people uttering threats

Police incident number C110080068
People drinking on the pad, uttering threats to assault me, pictures posted here below:




Video of incident here:
http://www.youtube.com/watch?v=FUuec-eUTXs


Thursday, April 21, 2011

Smoking pot and open liquor on the pad

This year there have been some people who don't bother to sit down on the ledge anymore, now they stand around to drink. This shoots a hole in our plan to ruin the ledge, we were thinking that if people couldn't sit anymore, they wouldn't come to the pad to drink, but I guess that's not the case.

These particular individuals were actually first spotted smoking pot, but by the time I got there with my camera, they were into their King Can. As soon as they spotted my camera, the first guy ducked down and hid behind his buddy. The other two were less interested in hiding. But they all left fairly quickly.



Also, see video at http://www.youtube.com/watch?v=n9sGt1NS8iY

Monday, April 11, 2011

First drinkers of the season on the pad with their beer.

Video of them being chased away by my camera here:




Pictures here:

As soon as they saw me taking pictures, the girls put down their 2L beer and pulled their hoodies over their faces.

I made a youtube channel: http://www.youtube.com/marble6rjb

Garbage partially cleaned up Monday morning

Murdoch got someone to clean up the dumpster area this morning at 8:30am. Click on the pictures to enlarge them.
Unfortunately that is the only area where they cleaned up. Their garbage is still blowing down the back alley from their over-filled dumpster. Some of it is visible in this picture, some is not.
There is a bag of garbage that has been sitting at the east side of 435 Cumberland Ave building for several weeks. It has changed locations slightly, but it still sits there with nobody to take care of it.
A couple weeks ago, a large truck full of furniture pulled up to the building. Someone was moving, and a table was broken during their move. After moving was complete, somebody left the broken table on the sidewalk for at least a week, beside the main entrance to the building. After a while, the broken table top was removed, but the legs were still left here on the ground. You can currently see them moved aside, but still here on the sidewalk, unattended to. Ben, the manager from Murdoch, was actually on site with someone else who was doing the garbage cleanup. At 8:30am, I specifically observed them making their way to the dumpster, walking right by the broken table legs, leaving them on the ground. This is very discouraging to us, when we see them put in minimal effort like this.




There continues to be garbage spread throughout the thoroughfare on the east side of their building, that was thrown there by people walking through, and blown around by the wind. We go out approximately three times each week to pick up this garbage that ends up on our property. Murdoch does not have anyone who picks up garbage on their property ever, unless ordered to. This is why we are upset at their lack of management of their property. They have told us repeatedly that it is not in the budget. We don't understand this notion that property maintenance and garbage pickup is optional. Garbage pickup and property maintenance is as required as paying the hydro bill, in our understanding.
And finally, our first pad visitors were here today, complete with flashing gang signs at me, which I unfortunately missed taking a picture of. We also saw increased graffiti on our fence... only on the 435 Cumberland/thoroughfare side... nobody ever writes on our side of our fence. I won't go over this issue here though, because we have spoken about this issue in depth in our most recent submitted report.

Thursday, April 7, 2011

Cleaned up again, but it didn't last long

The garbage got cleaned up shortly after sending the last email to CBES, but it didn't last long. The very next day, there was a pile of wood left in front of the dumpster. That disappeared pretty quickly. Then there was an old TV that showed up April 4th. It was smashed by April 5th, and it has continued to sit there on the ground.


The garbage bags were cleaned up last time, but the filthiest, nastiest stuff is still lying around.


Monday, March 28, 2011

Garbage accumulating again this week, end of March

Regarding the CBES order for 435 Cumberland Ave to cleanup and maintain their property free of garbage:

The property again started to accumulate articles of clothing and garbage that is free-standing on the ground around the dumpster rather than inside the dumpster. In other words, in defiance of the order, the property is not being maintained free of garbage. Murdoch Management is neglecting to adhere to the conditions of the order laid out by CBES. We anticipate their garbage being distributed across our property later this week.


Pictures from the last three days: 



Thursday, March 17, 2011

Garbage cleaned up

The garbage is cleaned up today.

By-law warning

We waited until March 15th, to see if anything would happen. We have taken photographs during this time and are able to show that nothing has been done. In fact furniture and garbage started to accumulate the very first day after our meeting with Murdoch, and continued to pile up and migrate onto our property since then, from garbage bags that were left on the ground and ripped open, and a broken boxspring mattress made it's way to the middle of my parking lot. I dragged it back to their property and left it with the other furniture. In short, no changes since our meeting, or since the order.

Community By-law Enforcement Services says:

The next steps are issuing a warning letter (as per the Winnipeg Charter) to the property owners/management company stating if this is not completed prior to [a certain date] the city will arrange to have the garbage removed from the property and the costs of the removal added to their tax bill.

Friday, March 4, 2011

435 Cumberland Ave has been inspected

March 1/11 at about 2:30 pm, Community By-law Enforcement Services advised as follows:

We conducted an inspection of the property yesterday and noted garbage accumulating upon the property. An order (due in ten days) will be issued on the property owner and property Management Company to clean up and maintain the yard free of garbage.

Wednesday, February 9, 2011

Conclusion

We, the Brauns, feel that we have exhausted our efforts in trying to deal with the day-to-day issues of 435 Cumberland’s pad and the abandoned tract of land. It’s a rare day that goes by that we do not have to deal with, make a phone call, get frustrated etc. about this untended piece of property.

Four months have passed since Murdoch stated they were waiting to hear back from the original contractor as to the pad’s original purpose. Is the original purpose of the pad really so important that it eclipses all these problems? Regardless of its original purpose, the pad is not used now, nor has it ever been used for anything except illegal activities. We are good friends with the previous owner of our building and so we know that these issues existed before we moved in to 427 Cumberland.

The issues of the pad and tract of land negatively affect the safety of the property and tenants of both 427 Cumberland Ave. and 435 Cumberland Ave. In the case of the latter, the tenants are immigrants and refugees who do not/cannot communicate on these matters, but we have seen how they negatively affect the tenants (as attested by the pouring out of water from the apartment window). We CAN NOT experience another year of relentless trouble. Spring is just around the corner and that means the beginning of dealing with pad patrons for another seven months before the snow flies again – we are disheartened, as we have no reason to believe that Murdoch has any intention of stepping up to the plate and taking care of their responsibilities. We also have no way of taking care of our own tenants who are lodging complaints with us about these problems.

We had lots of suggestions and willingness to help in the past. This is no longer the case. We withdraw forthwith all offers to help finance, or complete any of the work previously discussed. Murdoch, after nearly two years of discussions, has failed to show any initiative in taking care of these problems. They appear sympathetic to the issues when we present them but the lack of any action, over 20 months of dealings, gives us the impression that our complaints are not serious enough to warrant any real action or resolution. We have spent countless hours of our personal time trying to deal with these problems, and we have received absolutely nothing from Murdoch. Murdoch does not even return our phonecalls.

Murdoch has not done what is in their realm of responsibility to do as a property management company. As a result, we are forced to appeal to the City of Winnipeg to review the evidence of noncompliance in terms of the Neighbourhood Liveability By-Law and to enforce the law as the City sees fit. Thank you for your time and we await your response.

Randy & Janine Braun
 Owners/residents 427 Cumberland Avenue
956-1402

Remedial Action (by the Brauns)

In waiting for action/resolutions from Murdoch, the Brauns have resorted to the following to temporarily deal with the problem and protect their tenants and property:

*Get the pad patron’s attention and take photos of them from 427 Cumberland entrance – sometimes this causes them to leave, sometimes they just smile and wave for the camera or just yell at us.

* Call West End and Downtown Biz Patrols to come deal with the patrons (often by the time they arrive the group in question has moved on).

* Approach the patrons in person and advise them that if they want to drink alcohol, to do so elsewhere.

* Go out and do work near the pad (eg. pick up litter in the 427 Cumberland parking lot, pull weeds, or sit in the car); sometimes patrons leave when other people are hanging around nearby.

* When driving up at night and there are people on the pad, lean on the horn until they leave.

* Pour sticky or wet substances on the bench to dissuade patrons from sitting down (gets washed away by the rain).

* Had a “Mosquito” device built (at our own cost) which generates an irritating high pitched sound (but the snow came before we could mount and test it).

* Pull up 435 Cumberland weeds when they start to seed to try to minimize spreading to 427 Cumberland.

* Clean up garbage on the pad/around dumpster especially when prospective guests come to look at the guest suite.) Etc...

Pending Action (by Murdoch)

The following are the only two “indications of action” from Murdoch so for:

* Lindsay suggested putting up a chain link fence on the tract of land and landscaping with thorny bushes. The last the Brauns heard of this (September 11, 2009) was that Murdoch was looking into getting fence building approval from the City of Winnipeg after which they would need to ask Manitoba Housing for funding (because 435 Cumberland has no funds). Murdoch has never followed up with the Brauns on this matter.

* On July 7, 2010 the Brauns started dealing with Ben at Murdoch. On October 7, 2011, the Brauns were informed that Ben had replaced Lindsay at Murdoch and that he was waiting to hear back from the original building contractor to find out for what purpose the pad was initially built before he attempted to do anything to it. As of February 2011, the Brauns are still waiting for followup from Murdoch about this.

Possible Solutions?

The Brauns have been meeting with and calling Murdoch regularly since July 2009. Interaction between the two parties has always been courteous and professional with Murdoch even showing concern for these issues. The Brauns have not only documented and pointed out the various problems, they have also presented potential solutions with a willingness to put money and resources towards bringing about the solutions. Unfortunately not one solution has been accepted by Murdoch to date, nor have they followed through on the few solutions they have suggested.

The following are some of the solutions we have suggested (with Murdoch’s response included):

* Jack hammer the pad (would cost $600; not approved; not in the budget);

* Jack hammer the bench - Brauns would provide the manpower and equipment if Murdoch covered the $100 equipment rental cost (removing the bench may affect the building in some unsubstantiated way) ;

* Close off the tract of land thoroughfare with a fence on the North & South ends – Brauns to provide finances and/or do the actual work (not possible - door closest to the pad is a fire exit that cannot be closed off to back lane);

* Get BFI to provide a side loading dumpster so that the pad can be used for what it was intended (BFI is phasing out side loading dumpsters over the next five years and so will no longer issue side loading dumpsters);

* Switch to City of Winnipeg garbage service so that a side loading dumpster can be placed on the pad and oversized garbage can be picked up at no charge (we are in a Free Pickup zone). Ironically, the Braun’s side loading City Autobin - which sits right next to the 435 Cumberland BFI bin - is picked up by a BFI side loading truck each week, and the City has confirmed there are definitely no plans to switch to another type of bin (to-date no response from Murdoch).

Other Concerns continued…..

Tenant safety: Tenants of 427 Cumberland have to walk by these groups of inebriated people calling out to them from the bench (which is only four meters away), in order to get to the parking lot or the back lane. This is a daily occurrence and can be very intimidating, especially for our female tenants, as well as for the regular guests hosted in our building (427 Cumberland houses a not-for-profit guest suite that accommodates visitors to Winnipeg such as student doctors, business people, family members caring for loved ones at Health Sciences and others. Potential guests have actually decided against staying in the guest suite due to the “welcoming efforts” of patrons on the pad).

427 Cumberland property security: The constant presence of people hanging out on the pad who are “under the influence”, poses security risks to 427 Cumberland (as well as 435 Cumberland as attested by all the graffiti that was finally cleaned up in 2010). For example, one summer night in 2010, partiers on the pad smashed a discarded porcelain saucer against one of the cars parked behind 427 Cumberland. In terms of graffiti, 427 Cumberland has had no graffiti of any kind in the last twelve years, except for tagging on the fence between 427 and 435 Cumberland, on the side facing 435 Cumberland. There is also a fence board that has to be repeatedly reaffixed because party-ers dislodge it.

Other Concerns Impacting Neighbouring Properties – “The Pad”

The Brauns biggest safety concern for their building and tenants centres on an unassuming concrete pad located on the north end of 453 Cumberland’s tact of land. This pad appears to have been built, but never used, for the dumpster (the pad’s placement makes it impossible for BFI’s front loading dump trucks to access a dumpster sitting on the pad so instead, the dumpster sits alongside the back lane, beside the pad). There is a concrete abutment along the building (probably to protect the building from damage from the dumpster) which is a very attractive “bench” and hangout for street people and drunks who are coming and going to the nearby Balmoral Hotel and beer store. This bench, which is sheltered by 435 Cumberland and partially hidden by the dumpster and neighbouring fence, can seat several people at once and directly faces the parking lot and main entrance of the neighbouring 427 Cumberland. Groups of “pad patrons” take turns throughout the day using the pad in whatever way they like (drinking alcohol, sniffing, passing out, getting together with their friends, having domestic disputes etc.). The West End Biz Patrol, the Winnipeg police and the neighbouring building tenants/owners can attest to the ongoing illegal activities that go on at “the pad” belonging to 435 Cumberland.

PART 5 - NOISE CONTROL - Noise nuisance prohibited

67(1) Except to the extent permitted under this By-law, a person must not make or continue, orcause to be made or continued, or own or harbour an animal that makes:
(a) an unreasonably loud, unnecessary or excessive noise or sound;
(b) a noise or sound which unreasonably disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable individual of ordinary sensitivity; or
(c) a noise or sound which is so harsh, prolongued, unnatural or unusual in time and place so as to occasion unreasonable discomfort to any individual or so as to detrimentally affect residential properties or places of business. [“nuisance” means any condition, matter, thing or activity, other than a noise or sound regulated by Part 5 (Noise Control), which causes undue annoyance or offence to a reasonable individual of ordinary sensitivity occupying adjacent properties or dwelling units or living in the neighbourhood]

 The Brauns have witnessed “pad patrons” (see next page for explanation) yelling, crying, swearing, fighting and carousing at all hours of the day and night thereby disturbing our tenants. One of the tenants from 427 Cumberland has actually seen a tenant from 435 Cumberland open their window (high above the pad) and dump water on the pad patrons in an effort to get them to be quiet and leave.

Duty of business owners

57. The owner of a business that sells food or drinks in containers or papers must collect and dispose of the containers and papers discarded on the premises or on adjoining public or private land within a distance of 100 metres of the businesses.

435 Cumberland has a hall on the main level which is rented out for various functions (Folklorama, events, dances, etc.). There are two doors/fire exits that come directly out of the hall onto the tract of land and which are often open in the summer during these functions. Inevitably during and after such a function there are Styrofoam plates, cups, napkins etc. littered everywhere either by function attendees who ate/smoked outside the fire exits or by garbage bags that were either not properly tied or left on the ground near the dumpster and afterwards opened up by street people. In addition, the dumpster is usually overflowing after these events. The Brauns have, on many occasions, called Murdoch to schedule an extra garbage pick up after a function has resulted in an overflowing dumpster. Apparently function renters are responsible for proper disposal of all their garbage but this is not reinforced by Murdoch. This debris ends up on the adjacent 427 Cumberland property.

PART 3 - LITTERING AND GARBAGE - Duty of property owners/occupants

56. The owner and occupant of property must ensure that(b) a back lane in rear of the property; is kept free of garbage.

[See also section 6]. From the Braun’s regular observance, it seems that the onsite custodian does not feel responsible for any part of the East side of the building as well as the area around the dumpster (except for sporadic cleaning around the dumpster which only began after the Brauns repeatedly brought this concern to Murdoch and only when the Brauns call Murdoch to report that the backlane has gotten out of hand). Garbage spills out onto the back lane on a regular basis. See following page for a pictorial “Two Months-at-a-Glance” behind 435 Cumberland Avenue.

Vegetation on properties 8(3) Noxious weeds must be controlled on all properties.

There is no weed control that happens on the tract of land behind 435 Cumberland, but there is a well-traveled foot path that has no weeds on it). Other than that, weeds of every variety can be found all along the tract of land and have grown as high as 50”. They also spread onto the lawn and graveled areas at 427 Cumberland Ave. On July 13, 2010, the Brauns approached the Murdoch manager (Lindsay at the time) with their second report – this one detailing the weed problem and a variety of other issues (graffiti, garbage accumulation, the pad patrons etc.). At no point has Murdoch ever attempted in any way to deal with the weed problem.

6(2) Garbage must not be allowed to blow or otherwise be carried from a property onto other property, a street or a park.

Residents of 435 Cumberland regularly leave their household garbage bags next to the dumpster (instead of inside – maybe the bin is too high for them to reach or the lid is too heavy to lift?). The onsite custodian rarely cleans up around the dumpster and so garbage is constantly migrating onto the Braun’s property. Nonresident “patrons” to the dumpster pad (more on this later) leave behind their own debris (beer cans, Listerine bottles, discarded packaging, clothing, etc.), which also blows onto or is thrown (by the “pad patrons”) onto 427 Cumberland property.

Properties must be kept free of garbage

6(1) Garbage must not be allowed to accumulate upon a property.
 

The tract of land in question is the only thoroughfare on the block between Cumberland Avenue and the back lane and so many people walk through leaving garbage as they go. The wind blows in additional debris which becomes lodged among the weeds lining the land. On the back lane end, furniture is also discarded next to the dumpster on a regular basis, by 435 Cumberland tenants, and will sit for weeks, completely ignored by property management (during which time it is vandalized and the resulting debris strewn about the back lane), until the Brauns call Murdoch to let them know of the problem (even then, reminder calls are required). The onsite custodian does not deal with this ongoing issue.

For example: November 10 – two small pieces of furniture were discarded behind 435 Cumberland. November 16 - Brauns left a message with Ben Hnatiw - the new property manager at Murdoch - about the furniture. A few days later the furniture was still there but had by then been broken up into multiple pieces. November 20 - the broken furniture was still there and a sofabed was added. November 23 - Brauns called Ben about the sofabed, who said he would try to get it cleaned up by the end of the day. November 24 - the furniture was cleaned up. The Brauns have seen some quick responses from Murdoch to their calls about garbage needing to be cleaned up, but the problem is that action only ensues when the Brauns call Murdoch, often needing to call multiple times; the onsite custodian does not take any responsibility for dealing with discarded furniture.

In addition to the usual type of garbage that accumulates, the Brauns have also found human excrement on the tract of land (the defecation place of preference seems to be on the 427 Cumberland property line). If it wasn’t immediately removed by the Brauns, it would continue to accumulate in violation of the By-Law.

DIVISION 1 – BASIC MAINTENANCE


General obligation to maintain property
5. Properties must be maintained so that they do not substantially depreciate the value of other land and buildings in the vicinity.


The City has invested a lot of time and resources over the last few years in making amazing improvements to the Central Park area (in terms of safety, aesthetics, patrolling and meeting practical neighbourhood needs) much to the appreciation of the many families and individuals residing in the community. The city block along the north border of Central Park (Cumberland Avenue between Carlton and Gertie) is occupied by three residential buildings: 427 Cumberland (built in 1953), 411 Cumberland (built in 1963), and 435 Cumberland (built in 2005 and managed by Murdoch Management Inc). The two “veterans” on the block maintain their property with regular clean up of debris, weed control/lawn care, maintenance of the dumpster areas, etc. The newest member of the block – 435 Cumberland – has a tract of land running along the East side of their building (spanning from Cumberland Avenue right to the back lane) which is “out of sight and out of mind” to onsite maintenance staff and to Murdoch. It is an ongoing eyesore in a community which has taken great strides to re-establish itself, once again, as a beautiful, inviting, and safe part of Winnipeg.

In the last few years that the Brauns have lived in (and purchased in June 2009) the neighbouring 427 Cumberland property, this tract of land has been completely ignored by the owners/property management company. In fact, when the Brauns first approached Murdoch in July 2009 about their concerns, the manager at the time, Lindsay Stewart, was not even aware that this tract of land existed.

The Brauns approached the site manager at 411 Cumberland to request a meeting to discuss graffiti on their buildings. Before even having the meeting, their board had already approved the cleanup, hired a private contractor, and completed the work. In contrast, the Brauns approached Murdoch about graffiti clean-up, did the leg-work to find a free graffiti-cleanup program, and hand delivered the waiver. Murdoch acknowledged being familiar with such programs, expressed concern over timely follow through, but hesitantly signed the waiver, allowing the graffiti to be cleaned up. West End Biz completed the work immediately and continues to monitor and remove any new tagging.

 





427 Cumberland Ave

I am Randy. My wife Janine and I own 427 Cumberland Ave. Our neighbour is 435 Cumberland Ave. It is a new building. It is managed by Murdoch Management. Today I am working on a document to present to the City of Winnipeg Community By-law Enforcement Services. We are very disappointed in Murdoch Management, because they are doing absolutely nothing to help solve any of our problems. I will be posting pictures that show our problems in detail.