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Letter to RDCO Chief Building Inspector Sept 22, 2009

re: Building Violation

Stop Work Order / Notice on Title / Occupancy Permit

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This letter to the Regional District of Central Okanagan (RDCO) Chief Building Inspector is about the building violation that you can find here.   This property owner is in violation due to not having an occupancy permit and someone living in the building without the building being finalized.  If you wish to make a comment about it, fill out the form at the bottom of this page and your comment will be posted here on this website.  Letters to and from RDCO Chief Building Inspector are posted here near the bottom of the page.

Sept 22, 2009

To the Regional District of Central Okanagan and Chief Building Inspector Ray Paterson:

Re: Building Permit #9787/02

I find the Regional District of Central Okanagan bylaws and policies to be discriminatory against myself and people who are less fortunate, so much so that I feel the Regional District of Central Okanagan is contributing to the homeless problem and not abiding by basic human rights, arbitrarily depriving people of their property, not helping to reduce safety risks, and in doing so is creating more health and social problems.

This is just some of which I wish to point out:

- my building permit has not expired, because work has been ongoing and inspected each 9 month period which is well before the one year expiration period of an inactive building permit according to RDCO’s bylaw #835
- my building permit is not overdue to be finalized because there is nothing in bylaw #835 that states a building permit is be finalized within a certain time frame
- I question what it is that RDCO considers unsafe about my building. I feel my building is not unsafe, as my building is built according to bylaw #835, and to the BC building code, plus my building has passed each stage of RDCO’s building inspection
- I question why RDCO policy requires a building to be finalized within 4 years. If the reason is that neighbours don’t approve the view of a building being built, or they feel it will negatively affect their property value, my situation dictates this time limit is depriving me of my security and property and against the Canadian Charter of Human Rights and Freedoms plus the UN Declaration of Human Rights which all countries have agreed to including Canada. Depriving someone security of the person and depriving them use of their property, should not take precedence over property values. My property is rendered worthless to me for the duration of the time I cannot occupy the land and building.
- I question the Building Inspector Ray Paterson’s motives for writing quote, “slow, no change” on my last pink inspection slip when there was obvious change, of which he just inspected. Did the Chief Building Inspector not realize that he just finished inspecting progress, or is he being an adult bully? My opinion is it’s probably the later!
- RDCO is creating dissention between neighbours in that it targets some properties in violation of its bylaws, but yet turns a blind eye to other blatant bylaw violations in the same immediate neighbourhood
- Vinyl siding does not have 1 hour of fire protection like stucco exterior does. Bylaw #835 permits only 2 years to finish the exterior of a building. Stucco is twice or more the cost of vinyl siding. Stucco should not be applied until the buildings interior wall finish is complete meaning stucco would be the last to finish on a building. A property owner may decide against a stucco exterior due to costs and the 2 year time limit to finish the exterior, and maybe in relation to the time limit to finalize the permit, which this portion of bylaw #835 puts other properties at more risk from forest fires if more vinyl siding is applied to neighbouring homes than is stucco.
- RDCO bylaws and policy deprive the less fortunate property owners security of the person which in turn applies undue stress and creates health and social issues
- I believe the building permit surcharge I paid is an illegal charge in that the owner paying it receives no benefit in return
- I question how having to drive my garbage 16 km’s to the transfer station and then the RD hauling it out to the Glenmore Landfill is helping to save the earth, and how having to smell methane gas from having to store rotting garbage in my home is helping me to stay healthy, as I surely can’t afford the air pollution plus the $250 per year in gas to be able to use the closest transfer station that costs $40 per year
- all levels of government are taking away my dignity, by building affordable housing that someone else owns, therefore arbitrarily depriving me of my property since I can no longer afford to live in my own home if there are no low income subdivisions available because I don’t see any of these being built or even permitted

I feel bullied and discriminated against by all levels of government plus RDCO. I cannot permit the Regional District of Central Okanagan on my property ever again. I can suggest one solution be that RDCO contract an independent company to do any further building inspections, and to be paid for in full by RDCO, and that any further inspections be performed at pertinent intervals and not based on a nine month time limit.

All this has created undue stress and negatively affected my health enough that I doubt that I will ever be able to fully recover from what I have had to go through. It was more than stressful being evacuated due to a forest fire and having no insurance, and then having the Regional District creating even more stress on me by sending me notice of violation letters and threatening to place a notice on my land title. I can’t take anymore stress or I am going to end up living in a hospital instead! I swear that more often than not government creates more problems than solves them. For instance, the Regional District hauls the whole region’s garbage out to the Kelowna airport creating air pollution trying to save the earth which costs me more money! How is that helping? In my opinion this is killing me.

I feel the Regional District of Central Okanagan has divided my community into 2 halves whom most often disagree with each other. There are the Ratepayers on one side and the Communities Association on the other. For instance the last budget meeting … half the public at this meeting wanted a fire boat and the other half did not. Did you notice the Ratepayers sitting on one side of the room and the Communities Association on the other side? The community is divided on this issue and I don’t see minds changing, at least not my mind. Common sense should be what dictates and I feel common sense says a fire boat is not warranted, but conventional equipment is, especially for a fire like the Terrace Mountain fire! I don’t understand why the Regional District hasn’t dropped the fire boat issue with the Fire Chief who I feel has his own motive behind that fire boat since his property is right on the lake. It behooves me how the Regional District condones building two fire halls filled with equipment before ensuring that three subdivisions had an adequate water supply to be able to fight a fire with, and how government regulates private utilities like the Fintry Utility who ran out of water fighting a basic house fire this last winter?

I refuse to pay for the proposed water system because the petitioning system information we were given was very vague, and it is discriminatory against the less fortunate. I would have to go without food to be able to pay for the new water system. I was buying my water and hauling it myself from an approved community water system that costs $54 per month, which this costs enough in itself compared to the $145 over 30 years RDCO would require me to pay for this new system. If I can buy my water much cheaper than what RDCO can provide it to me for so I can afford to live, why should I have to pay more and be forced out? This in itself is the opposite intent of a Regional District if the proposed water system will force me to have to sell my property, and which there is no place as cheap around the area which I could possible afford. This will force me to have to move away from my family whom all live in the immediate area, and it would be devastating to both me and my family. I have barely been able to survive, but now the Regional District has made it impossible for me to survive because I don’t have an extra $145 every month for 30 years to pay for this water system. It is the poor who are the ones who really pay for the water system. They loose their homes over it which is the opposite intent of a Regional District. Many for sale signs went up in all three subdivisions right after the water system was voted for. In my opinion these property owners who just put up for sale signs are afraid they won’t be able to afford what the water system is going to cost them, or they would be selling after the water system is paid for and installed to try and get a better price! In many cases an owner should not wait until the water system is charged and then sell for a better price. If I wait until the water system is built and the bill goes against my property tax, I will most likely have to reduce the price of my property in order to sell it because it comes with the $32,500 - 30 year amortization bill! In my case the reality of it is that this has reduced my property value by $15,000 ($32,000 - $17,500) if I wait for the water system to be built and it is charged to my property tax. In my opinion all the petition vote did was permit the rich to rule and in turn force the poor out dividing my neighbourhood 56% and 44%. The 56% being the rich who voted yes for the water system, and the 44% being the poor who voted no to the water system. I feel anger towards some of my neighbours now because of it. In my case I have no choice but to let the water system bill go against my property tax, because it is being forced upon me. This time limit to sell before the water system is actually charged, places much stress on a person. I am sure people are worried, what if my property does not sell before the charge goes against the property tax? Some properties do not sell within the first year or two depending on the market. It is against basic human rights for any level of government to place the lowest income persons who are living in one of the lowest income subdivision of the area, into such a predicament that it renders them barely able to survive, or forces them out rendering them homeless. That is not the intent of having a government!

I demand a small garbage disposal option in or next to my subdivision that I have access to when I happen to be driving by, instead of me driving 16 km’s out of my way to be there before noon on a certain day. All this air pollution is killing me having to drive out of my way, plus most people have curbside pickup in the city and so I expect my everyday garbage disposal option to at least be within or next to my subdivision. I also demand that the Regional District re-open the landfill above Sugar Loaf transfer station instead of hauling my garbage all the way out to the Glenmore landfill which is miles away. Close the Sugar Loaf transfer station and move the workers from the transfer station to the landfill/transfer station up the hill on Sugar Loaf where the landfill use to be and stop killing people with air pollution, including other regions where the air pollution drifts. This affects everyone and not just the Central Okanagan.

I demand the Regional District refund the building permit surcharge to all whom purchased a building permit, including myself, plus immediately halt the illegal practice of charging a surcharge for nothing.


Canadian Charter of Rights and Freedom states the following:
Guarantee of Rights and Freedoms
Rights and freedoms in Canada
1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

Legal Rights
Life, liberty and security of person
7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental  justice

Search or seizure
8. Everyone has the right to be secure against unreasonable search or seizure.

Treatment or punishment
12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

Equality Rights
Equality before and under law and equal protection and benefit of law
15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

The United Nations agreement states the following:
Article 1. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of  brotherhood.
Article 3. Everyone has the right to life, liberty and security of person.
Article 7. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 17.
(1) Everyone has the right to own property alone as well as in association with others
(2) No one shall be arbitrarily deprived of his property.

The UN Declaration represents a contract between governments and their peoples, who have a right to demand that this document be respected. Not all governments have become parties to all human rights treaties. All countries, however, have accepted the UDHR. The Declaration continues to affirm the inherent human dignity and worth of every person in the world, without distinction of any kind.

I have the right to occupy and own my own shelter and that it is affordable for me. If RDCO disagrees with any of what I just said, I feel the Regional District of Central Okanagan has left me no choice but to let a court judge decide.

Thank you,
S Schnurr

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July 9, 2009 RDCO passed their policy that you have to build within 4 years

THAT The Regional Board endorse the policy for closing inactive building permits/stop work orders with a bylaw contravention notice:

1. Building Permits that are inactive for more than one year period

2. Buildings that are occupied without approval where occupancy has not been granted regardless of time-frame.

3. Building Permits that are still active but are not completed within four years from the date of permit issuance.

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Letters from RDCO Chief Building Inspector

Entire Story ] Jan 27 2004 ] Jan 18 2005 ] Sep 22 2005 ] Dec 16 2005 ] Mar 14 2006 ] May 29 2007 ] Aug 7 2007 ] Jun 11 2008 ] Feb 10 2009 ] Jul 24 2009 ] Sept 1 2009 ] Oct 9 2009 ] Nov 6 2009 ] Jan 22 2010 ] Feb 5 2010 pg 1 ] Feb 5 2010 pg 2 ] Feb 11 2010 ] Mar 22 2010 Meeting ] RDCO Policy ]

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Letters to RDCO Chief Building Inspector

Aug 24 2009 ] Sept 10 2009 ] [ Sept 22 2009 ] Oct 25 2009 ] Nov 12 2009 ] Feb 3 2010 ] Questions ]

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Adv. Plan Comm. ] Alt. Approval ] Ambulance ] Argo Road ] BC Hydro ] Budget 2010 ] Budget 2011 ] Budget 2012 ] Budget 2013 ] Budget 2014 ] Budget 2015 ] Building Inspection ] Build Laws - BC ] Build Laws - RDCO ] Building Violations ] COW Elect 08 ] COW Elect. 11 ] Director Edgson ] Dogs ] Easement Roads ] EDC ] Elect. Boundary ] Environ. Advisory ] ESS ] Finance ] Fintry Develop ] Fintry Park ] Fire Boat ] Fire Bylaws ] Fire Dept. ] Fire Dept FOI ] Fire Hydrants ] Fire Minutes ] Fires House ] FOI Act ] Friends Fintry ] Garbage ] Garbage Area ] Garbage Bylaws ] Garb Comment 08 ] Garbage Contract ] Garbage Finance ] Garbage FOI ] Garbage FOI ] Garbage La Casa ] Garbage Locker ] Garbage Minutes ] Garbage NOWESI ] Garbage Ombudsman ] Garbage Questionaire ] Garbage Secret ] Garbage Solution ] Garbage Survey ] Garbage Traders ] Governance Wide ] Government ] Helicopters ] History ] Killiney Hall ] Killiney Park ] La Casa ] Motorized Rec. ] NW OCP ] NWCA ] NWCA FOI ] NW Parks ] OKIB ] OKIB Logging ] OKIB Road ] OKIB Tax ] Peacocks ] Police Tax ] Property Tax ] RDCO ] RDCO Dog Minutes ] RDCO Jokes ] RDCO Policy ] RDCO Regs ] Report Animals ] Septic Systems ] Subdiv. History ] T. Mtn After Fire ] Terrace Mnt. Fire ] Trench Burner ] Vote Box ] Water Budget 08 ] Water Budget 09 ] Water Budget 10 ] Water Bylaws ] Water Construct ] Water FOI ] Water Grants ] Water Judgements ] Water Laws ] Water Meters ] Water Minutes ] Water Rates ] Water Right-of-Way ] Water Survey ] Water System ] Water VOS ] Water VOS Pics ] Water Well Data ] Water Wells ] Westside Road ] WR Development ] WR Incorporation ] WR Overpass ] WRIC ] Zoning Bylaw 66 ] Zoning Bylaw 1981 ] Zoning Bylaw 871 ]

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