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Regional District of Central Okanagan (RDCO)

re: Building Bylaw Violation Contravention

All these letters from RDCO posted below, are what you call harassment from the Regional District of Central Okanagan

Stop Work Order / Notice on Title / Occupancy Permit

Click on your refresh button in the top menu, to be sure you see any updates.

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This web page is in regards to a Regional District of Central Okanagan (RDCO) 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 or having an occupancy permit.  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 can be found at the links near the bottom as well as images of the letters can be found below.

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RDCO Building Bylaw #835
20. PENALTIES
20.1 Any person who breaches any provision of this bylaw commits an
offence and is liable, upon prosecution, to the penalties provided under
the Offence Act.

Offence Act
General penalty
4. Unless otherwise specifically provided in an enactment, a person who is convicted of an offence
is liable to a fine of not more than $2,000 or to imprisonment for not more than 6 months, or to both.

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Here is how it all went down in date order ... start here at the bottom and read your way to the top.

  What did not need to be complete on the project to be granted occupancy was the real question?  Never did find that out.

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Haunting Questions

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Local Government Act
Regional district building regulations

694 (3) An occupancy permit required under subsection (1) (d) may be withheld until the building or part of it complies with the following:

(a) the Provincial building regulations;

(b) bylaws under this section;

(c) any other health and safety requirements established by bylaw;

(d) any other federal or Provincial enactment in relation to health or safety
.

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Local Government Act

Cancellation of note against land title

58 (1) On receiving a report from a building inspector that the condition that gave rise to the filing of the notice under section 57 (3) has been rectified, the corporate officer must file a cancellation notice and, on receiving the notice, the registrar of land titles must cancel the note against the title to which it relates.

(2) An owner of land with respect to which a notice has been filed under section 57 (3), may apply to the council for a resolution that the note be cancelled.

(3) After hearing an applicant under subsection (2), the council may pass a resolution directing the corporate officer to file a cancellation notice.

(4) If a resolution has been passed under subsection (3), the corporate officer must file a cancellation notice in the land title office and, on receiving the notice, the registrar of land titles must cancel the note against the title to which it relates.

(5) If the council does not pass a resolution under subsection (3), the owner may apply to the Supreme Court and notify the municipality to attend before the court to show cause why the note should not be cancelled.

(6) On an application under subsection (5), after reviewing any evidence that the owner and the municipality may adduce, the court may make an order directing the registrar to cancel the note made under section 57 (5) and, on receiving the order, the registrar of land titles must cancel the note accordingly.

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March 22, 2010

To RDCO:

Since RDCO cut me off and wouldn’t let me speak anymore about the building violation RDCO claims, RDCO will never be permitted in my building or on my property ever again. I will be building my house as I see fit and without any further inspection from anyone. I am so very very angry at RDCO Board Members because I don't need any more burdens placed on me, but yet RDCO placed more burden on me after I begged like a dog and you placed notice against my land title that will only cost me money if I ever want to sell. It is not only my land, but it is my parents land too you know.

I have been building to code and on time but that doesn’t seem to matter to RDCO. I was evacuated by the Terrace Mountain fire, but yet that doesn’t seem to mean anything to RDCO either, and you send notice that my building is in violation while I am evacuated. RDCO dismissed all my questions so I can’t comply with finalizing my building. I still don’t know what needs to be done on my building to be in compliance. RDCO board members are inhuman for doing what they did. The Board Members were not really listening to what I had to say. My building permit has not expired, and I have been in compliance, so how can RDCO place a notice on my land title? I don’t understand. I am in compliance and I am permitted by the UN Declaration to occupy my house without a burden placed on me for doing so.

I wish to know what the Regional District's next plan of action towards me will be with my new attitude of not having any further inspection and building without RDCO’s further approval. Will the Regional District be leaving me alone now to have to pay for the burden of the title notice against my property that you have placed on me? Or will RDCO find something else to punish me with yet, if I will not allow any further inspection?

Can the Regional District assure me that RDCO will not enter my property now or in the future if I don’t permit further inspection?

Can RDCO assure me that you won’t try ripping down my building or make me comply in any way, if I finish building without any further inspection? Please clarify RDCO’s position so that I may fully understand it.

Also I wanted to ask at the Board meeting before I was cut off and not permitted to speak anymore, if the Board would grant me permission to use email? Or do I have to ask to be a delegate and get down on the floor to beg RDCO like a dog and then get turned down like everything else? I sure feel like an abused dog with no consequences to RDCO for abusing me. Please let me know if I have to beg like a dog and then get turned down again.

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To RDCO:

March 22, 2010

I have more questions now than ever. I wish an answer to them.

I would like an explanation as to why my letters of Nov 12 2009 and Sept 10, 2009 were not listed in the Chief Building Inspectors Board Report.

I would like an explanation as to why the Chief Building Inspector wrote the words “slow, no progress” on my building inspection report of June 2009 when he just finished inspecting progress? What does Ray Paterson believe NO progress means?

I would like an explanation as to why RDCO won’t answer my question asking what don’t I need to do to my building to be granted an occupancy permit?

I would like an explanation as to why recommendation was written by the Chief Building Inspector on Feb 5, 2010 in his Board Report to have notice placed against my land title and then he sends me a letter after that on Feb 11, 2010 answering a few of my questions of how to comply, but not before Feb 5, 2010 did he answer any of my several dozen questions so I could comply?

I would like an explanation about how I am suppose to know how to comply with building bylaw #835 if when I ask a question of RDCO about it, I am ignored?

When I asked this question of the Regional Board, how does RDCO’s policy stand up in court compared to RDCO’s bylaws, I was never given the answer, why? I wish an answer because obviously RDCO must know. Does RDCO policy stand up in court the same as RDCO’s bylaws?

If I don’t know how to comply, and RDCO won’t answer, how can RDCO place a notice on my land title?

I still want to know what I don’t need to do to my building to be granted an occupancy permit?

I would appreciate some respect from RDCO to answer my questions for a change.

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At the March 22, 2010 Regional District of Central Okanagan Regional Board Meeting, the Board Members motioned to place a notice against the land title which has nothing to do with the building placing a notice on the land.  How can the Regional District place a notice on the land title when the person didn't take out a permit in regards to the land, but took the permit out in regards to the building?  RDCO should place a notice against the building, not the land.  And how can this person comply with an occupancy permit when RDCO does not answer any of their questions?  One of the biggest questions being that Bylaw #835 does not mention it is, what doesn't have to be complete on the building for occupancy to be granted. If a bylaw is ambiguous and the normal person cannot understand it, isn't that portion of the bylaw not liable to be struck down? RDCO Bylaw #835 only states that occupancy may be granted for a portion of the building and does not state what portions do not need to be complete for occupancy to be granted. 

At the March 22, 2010 Regional District of Central Okanagan Board meeting the owner was told that they can't have a professional inspect and that only the Regional District of Central Okanagan can inspect the building.

Regional District of Central Okanagan Building Bylaw #835

7.10 No owner, agent or tenant shall allow use of a project or portion of a project for which a permit is required under this bylaw, without first obtaining an occupancy permit.

-----------------------------------

17.4 The Inspector is authorized to require an applicant for a permit or a person who has a valid permit to obtain a statement from a Registered Professional certifying that a portion or all of a project conforms with the requirements of this bylaw and good engineering practise.

------------------------------------

17.5 The Inspector is authorized to rely on the written, signed statement of compliance of a Registered Professional, a Registered Housing Professional or a qualified tradesperson for all or any portion of a project as assurance that the project or portion of the project conforms to this bylaw.

-------------------------------------

19.1.4 For all other projects and additions and alterations thereto the required inspections are:

f) Occupancy inspection - after the project or a portion thereof is complete and ready for use, prior to any occupation of the whole or any portion of the project.

After the March 22, 2010 Regional Board meeting, the owner had even more questions.  What if the owner doesn't permit further inspection?  Will the building be ripped down?

March 22, 2010 Regional District of Central Okanagan Regional Board Meeting Agenda

.pdf icon Item 6.4 Building Violation, Balsam Road.pdf

Agenda No: 6.4
TO: Regional Board
Mtg Date: March 22, 2010

Regional Board Report

FROM: Ray Paterson, Chief Building Inspector
DATE: February 5, 2010
SUBJECT: Building Violation, Plan 20608, District Lot 2922 Balsam Road (Central Okanagan West Electoral Area)
Notice to be Placed on Title
Date of Meeting: March 22, 2010

RECOMMENDATION:
That the Regional Board direct that a notice be filed on the title of Lot 60, Plan 20608, District Lot 2922, O.D.Y.D., pursuant to Section 57 of the Community Charter Act, and pursuant to that section of the Community Charter Act, further information regarding the notice be limited to the fact that:

1. The construction of a single detached house, built under the authority of Building Permit #9787/02, has not been finalized, which is a violation of Regional District of Central Okanagan Building Bylaw #835.

BACKGROUND:
On October 4,2002, Building Permit #9787/02 was issued authorizing the construction of a single detached house on the above noted property. To date, the project has not received final approval from this office. The following attempts have been made to have the permit finalized:

1. A letter was forwarded to the owner in this regard on January 27, 2004, a one year extension was given. A letter was sent January 18, September 22 and December 16, 2005, March 14, 2006, May 29 and August 7, 2007, June 11, 2008 and February 10, 2009. A Report to the Board for a meeting date of August 24, 2009 was withdrawn as requested by the owner.

2. Letters were received from the owner in this regard on July 22, August 27, September 28, October 30, 2009 and January 18, 2010. Response letters were sent to the owner July 24, September 1, October 9, November 6, 2009 and January 22,2010.

Why does the Chief Building Inspector not list the letters he received by registered mail dated Nov 12, 2009 and Sept 10, 2009?

Also a letter was sent to the owner by the Chief Building Inspector on February 5, 2010 as shown below.


to read, click each letter

 

and then another letter was sent on February 11, 2010 after the board report above was written.  Guess the Chief Building Inspector finally decided he would try to answer questions after the fact.


to read, click letter

The owner has been notified of the date, time and location of the meeting which will deal with this report.

Ray Paterson, R.B.O.
Chief Building Inspector
/tj
 

REGIONAL DISTRICT of CENTRAL OKANAGAN
February 5, 2010
Certified LP 096 255 132 CA and Regular Mail

Development & Environmental Services - Inspections
1450 K.L.O. Road
Kelowna, B.C. V1W 324
Telephone: (250) 469-6211
Fax: (250) 762-7011

Dear Ms. Schnurr,

Re: Building Bylaw Violation, Notice to be Placed on Title Lot 60, Plan 20608, District Lot 2922, Balsam Road

Please be advised that the attached report has been prepared for the Regional District of Central Okanagan Board of Directors. If this recommendation is accepted, a notice will be filed on the property title in the Land Title Office, stating that:

a) A resolution relating to that land has been made under Section 57 of the Community Charter Act.

b) Further information respecting it may be inspected at the office of the Regional District of Central Okanagan.

Please note that the information relating to the notice will be restricted to the facts outlined in the accompanying report.

Be advised also that once a title notice is formally registered on the title of the property, a new permit will be required in order to complete the work, have it inspected and the title notice subsequently removed.

The report will be dealt with at the March 22, 2010, meeting of the Regional District of Central Okanagan Board of Directors, to be held at the Regional District of Central Okanagan Office at 1450 K.L.O. Road, Kelowna, B.C., at 7:00 p.m.

Ray Paterson, R.B.O.
Chief Building Inspector
/tj

Encl.

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Feb 11, 2010 letter from RDCO Chief Building Inspector finally answering a few questions, but still not saying what in the building didn't need to be finished in order to grant an occupancy permit.

click letter to read larger print

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This letter dated Feb 11, 2010 was written by RDCO Chief Building Inspector after the Chief Building Inspector wrote the Report to the Board dated Feb 5, 2010 recommending a notice be placed against the land title.

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Feb 5, 2010

to read, click letter

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I asked the Chief Building Inspector in my letter dated Sept 10, 2009 if there was any policy that RDCO had in regards to buildings, but the Chief Building Inspector ignored my questioning, and so I asked through Freedom of Information and received this copy of RDCO's building policy sometime after Feb 2, 2010 when I submitted my FOI form Feb 3, 2010.


click to read larger print

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Jan 22, 2010 letter from RDCO Chief Building Inspector to the owner advising that he will be writing a Report to the Regional Board advising that a notice be placed on the land title.

click letter to read larger print

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Nov 12, 2009 letter from property owner to RDCO Chief Building Inspector

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Nov 6, 2009 letter from RDCO Chief Building Inspector to owner

This letter says it is possible to occupy building without it being complete, and that yet another inspection needs to take place or a stop work order will be placed on the project, and if it is not dealt with it a bylaw contravention notice will be placed on the property title.


click letter for larger print

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October 25, 2009 letter from owner to RDCO Chief Building Inspector

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Oct 9, 2009 letter from RDCO Chief Building Inspector to the property owner


click letter to read larger print

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Sept 10, 2009 letter from owner to RDCO Chief Building Inspector

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Sept 1, 2009 letter from RDCO Chief Building Inspector to property owner

click letter to read larger print

RDCO sent a copy of their bylaw that was already read and not understandable so that is why questions were being asked in the August 24, 2009 letter.

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Aug 24, 2009 letter from property owner to RDCO Chief Building Inspector

click letter to read larger print

The Chief Building Inspector said that things can't even be stored in the building so was asking where in Bylaw #835 it said that.
I was also told before building the house that RDCO will not permit a garage before building a house.  I don't see anything like that in Bylaw #835 either.

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July 24, 2009 Letter from RDCO Chief Building Inspector.
RDCO didn't waste any time did they?  As soon as a policy is endorsed, RDCO start to target you for it.

click letter to read larger print

While evacuated from the Terrace Mountain Fire which started July 18, 2009 RDCO Chief Building Inspector is on this persons back about their building that might burn down.  How inconsiderate can RDCO be?

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July 16, 2009 letter from owner to RDCO Chief Building Inspector

click letter to read larger print

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

I asked the Chief Building Inspector in my letter dated Sept 10, 2009 if there was any policy that RDCO had in regards to buildings, but the Chief Building Inspector ignored my questioning and sent me nothing, and so I finally asked through Freedom of Information and received this copy of RDCO's building policy sometime after Feb 3, 2010 when I submitted my FOI form Feb 3, 2010.


click to read larger print

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June 3, 2009 a registered letter (coming when it is found) was sent to the owner by
RDCO Chief Building Inspector the very next day after the June 2, 2009 inspection he performed.

This registered letter has to be found, and will be posted here when it is found.

 

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An inspection was carried out on June 2, 2009

RDCO Chief Building Inspector did not say anything about the owner occupying the building while he did the inspection but waited until the very next day to send a registered letter saying the owner was in violation of occupancy of the building without an occupancy permit.  The Chief Building Inspector brought a woman along with him to help him do the inspection which she came inside the building along with the Chief Building Inspector.  It was not mentioned why two people had to do this inspection or who this woman was.  I didn't object to it at the time but I didn't feel comfortable having two people inspect my premises, one would have been sufficient.

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Feb 10, 2009 RDCO Chief Building Inspector jumps the gun and wants to do a final inspection by June 2, 2009 which was before RDCO endorsed their new policy in July 2009 to finalize a building permit within 4 years.  Don't see anywhere in RDCO Bylaw #835 where it says the building needs to be complete within any time frame.  The only thing I see that it does say is that progress needs to be shown each year.

Regional District of Central Okanagan Building Bylaw #835

8.3 A permit shall be considered to be expired if:

a) The project authorized by the permit is not started within 6 (six) months from the date of issuance of the permit; or

b) The work, once started, is suspended or discontinued for a period of one year.


click letter to read larger print

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An inspection was carried out Sept 8, 2008

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June 11, 2008 Letter from RDCO Chief Building Inspector

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An inspection was carried out Jan 14, 2008

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August 7, 2007 letter from RDCO Chief Building Inspector

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An inspection was carried out August 2, 2007

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May 29, 2007 letter from RDCO Director of Inspection Services

click letter to read larger print

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An inspection was carried out Sept 18, 2006

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An inspection was carried out June 29, 2006

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March 14, 2006 letter from RDCO Director of Inspection Services

click letter to read larger print

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Dec 16, 2005 letter from RDCO Director of Inspection Services

click letter to read larger print

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Sept 22, 2005 letter from RDCO Director of Inspection Services

click letter to read larger print

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An inspection was carried out April 14, 2005

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Jan 18, 2005 letter from RDCO Chief Building Inspector

click letter to read larger print

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An inspection was carried out Jan 14, 2005

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An inspection was carried out Sept 28, 2004

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An inspection was carried out Sept 20, 2004

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January 27, 2004 letter from RDCO Chief Building Inspector

click letter to read larger print

Threatening letters from RDCO started already back in 2004 and the building is suppose to be finalized already.

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There were also more than likely inspections carried out in 2003 too.  This information is probably in storage still due to the Terrace Mountain Fire, so will post it later.

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An inspection was suppose to be carried out on Dec 30, 2002 but the inspector could not find the property on the easement road.  Can't find it right now but most likely an inspection was carried out within the week or so after Dec 30, 2002.

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An inspection was carried out Oct 22, 2002

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Building Permit was taken out at the Regional District of Central Okanagan 1450 K.L.O. Road office in Kelowna BC on Oct 4, 2002

Notice the building permit says potable water to be hauled in portable containers with no provision for indoor plumbing and no electrical.  Pit Privy means outhouse but there is a septic system now.  There is electrical now as well, but the water is still being hauled.  There is plumbing now too.  But initially the Regional District would give out a permit with no provision for indoor plumbing and then require the person to pay for the water system that would be hard to hook up to with no indoor plumbing.

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Start here and read up as listed in date order.

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If the form below does not work please,

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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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Westside Road Gossip
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INDEX ALL ] Boucherie Rd ] Kaleden ] Kelowna ] Naramata ] Oyama ] Peachland ] Penticton ] Summerland ] Vernon ] West Kelowna ] Westside Road ] Winfield ]

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Index

Boucherie Road ] Kaleden ] Kelowna ] Naramata ] Oyama ] Peachland ] Pentiction ] Summerland ] Vernon ] West Kelowna ] Westside Road ] Winfield ]

You will find local North Westside Road BC businesses, services, classifieds, local arts and crafts, vacation waterfront rentals, plus much more located near and around Okanagan Lake BC.  We will be adding to this site, so come back and check it often.

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