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Regional District of Central Okanagan

Building Inspection Bylaw Violations / Contraventions

LAST UPDATE January 25, 2015

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

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Link to all of RDCO's Bylaws

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The first National Building Code of Canada (NBC) was published in 1941; subsequent editions were published in 1953, 1960, 1965, 1970, 1975, 1977, 1980, 1985, 1990 and 1995.

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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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Regional District of Central Okanagan

Policy and Procedures Manual

Inspections Services

Inactive building permits / stop work orders with a bylaw contravention notice

Dated July 9, 2009

We received this through the Freedom of Information Act February 14, 2010

Regional District of Central Okanagan - RDCO - Policy and Procedure Manual - Inactive Building Permits - Stop Work Order - Bylaw Contravention Notice
click to read larger copy

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Ask a Building Code Question

http://www.housing.gov.bc.ca/building/code_questions/index.htm

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This Spring 2008 North Westside Communities News article states:

The residents of the area have by in large been coming forward with community building concerns and inquiries which I and the RD have been able to work on.  Thank you for bringing your concerns to my attention.

North Westside and other Central Okanagan West areas, would pay tax for the WFN portion of Director earnings.

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.pdf icon April 7, 2011 Highlights of the Regional District of Central Okanagan Special Board Meeting

Zoning Contravention Letter

The Regional Board has directed staff to send a letter to the strata and property owners of La Casa Lakeside Cottage Resort outlining contraventions to the Regional District Zoning Bylaw No. 871. The main concern is that some property owners are living year-round at the resort which is presently zoned C5 Campground, Cabin and Motel Commercial. That zoning is not for residential purposes and is designed for short-term occupancy of less than one month.

.pdf icon April 7, 2011 Regional District of Central Okanagan Special Board Meeting Agenda

.pdf icon Item 5.1 Zoning Contraventions.pdf

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

.mp3 file icon - click here for help with audio April 7, 2011 audio of entire RDCO Board meeting .mp3 ( MB)

Click this Windows Media Audio icon for help with audio files April 7, 2011 audio of RDCO Board meeting only about La Casa Zoning Contravention - .wma ( MB)

.pdf icon April 7, 2011 Regional District of Central Okanagan Special Board Meeting Minutes

RDCO Board Minutes are not posted to RDCO's website until after the minutes are adopted at the following Board meeting April 18, 2011

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Homeowners benefit from DWK error
Castanet.net - by Wayne Moore - Story: 55722 - Jul 14, 2010

Three property owners in West Kelowna fought City Hall and won.

The three have had their hopes of building homes on Paramount Drive in Tallus Ridge stalled while they waded through red tape created by an error made by the municipality.

Planning Supervisor Randa Wheaton told council problems arose over an improper interpretation of municipal bylaws concerning setbacks by municipal staff.

Wheaton says the disputes all concern section 9.2.8 of the RC1 Zone which requires a minimum setback from a highway of 4.5 metres.

She says the definition of a highway as it pertains to this situation is any street, road, lane or bridge.

"Until recently both district and RDCO staff have interpreted the front yard setback in a compact housing RC1 zone to be two metres from the front parcel line," says Wheaton.

"Upon a more comprehensive review of the zoning bylaw it was recently determined by staff that the previous interpretation of two metres for a front yard setback was incorrect and that the required setback was 4.5 metres because of the definition of highway."

All three land owners were before council Tuesday seeking a variance application asking for setbacks of two metres instead of the 4.5 metre requirement.

"The variance requests are to reduce the 4.5 metre setback to accommodate pre-designed homes."

One was seeking the variance for a setback to a porch the other two are setbacks to garages.

"It should be noted that approved drawings submitted by the developer at the time of the subdivision for phase four showed compliance for the 4.5 metre setback," adds Wheaton.

"Staff generally have concerns about this type of application because staff anticipates that the reduction to 4.5 metre setback would likely result in the potential for larger vehicles encroaching into the existing sidewalk in front of the lot."

Wheaton says there are other homes within the Tallus Ridge subdivision that have been built with setbacks of just 2 metres as per the previous interpretation of the zoning bylaw.

After considerable debate, council determined it would not penalize the property owners for an error made by the municipality and allowed the applications to go ahead, despite the fact staff had recommended against two of the three variance applications.

"I was a bit alarmed when I read these, quite frankly, about a sudden change in direction and interpretation," says Mayor Doug Findlater.

"It doesn't strike me as being fair to people when they have a certain understanding and then we introduce a new interpretation, particularly after people have purchased property with an understanding."

Findlater says he thinks the municipality has to stand by what it tells people and not change the rules in mid stream.

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June 28, 2010 Regional District of Central Okanagan Regional Board Meeting Agenda

Item 6.4 Building Violation 7885 Alpine Road.pdf

Windows Media File Icon Item 6.4 Building Violation 7885 Alpine Road (.wma) audio

Agenda No: 6.4
Mtg Date: June 28, 2010

Regional Board Report

TO: Regional Board
FROM: Ray Paterson, Chief Building Inspector
DATE: April 26, 2010
SUBJECT: Building Violation, Parcel A, Plan 20608, District Lot 2922 7885 Alpine Road (Central Okanagan West Electoral Area)
Notice to be Placed on Title - Owner: Kallstrom
Date of Meeting: June 28, 2010

RECOMMENDATION:
That the Regional Board direct that a notice be filed on the title of Parcel A, 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 workshop to the house with a covered breeze way, built under the authority of Building Permit #3506/06, has not been finalized, which is a violation of Regional District of Central Okanagan Building Bylaw #835.

BACKGROUND:
On April 13, 2006, Building Permit #3506/06 was issued authorizing the construction of a workshop connected to the house with a covered breeze way. To date, the project has not received final approval from this office. The following attempts have been made to have the permit finalized:

1. Letters were forwarded to the owner in this regard on March 29, July 10, October 25,2007 and January 31,2008. The owner requested an extension and was given an extension to January 2009. A letter was sent January 29, May 13 and November 3, 2009. There has been no further progress.  The owner has been notified of the date, time and location of the meeting which will deal with this report.

Yours truly,

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

Itj

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

April 27, 2010
Certified LP 096 254 579 CA and Regular Mail

Dean and Shawna Kallstrom
7885 Alpine Road
Kelowna, B.C. V1Z 3V4

Dear Mr. and Mrs. Kallstom,

Re: Building Bylaw Violation, Notice to be Placed on Title Parcel A, Plan 20608, District Lot 2922, 7885 Alpine 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 June 28, 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.

Yours truly,
Ray Paterson, R.B.O.
Chief Building Inspector

/tj
Encl.

If you want to hear the entire Regional Board Meeting then right click here to download entire (.mp3) audio file.

June 28, 2010 Regional District of Central Okanagan Regular Board Meeting Minutes

6.4 Building Violation, Parcel A, Plan 20608, District Lot 2922, 7885 Alpine Road (Central Okanagan West Electoral Area) Notice to be placed on Title - Owner: Kallstrom (All Directors - Unweighted Vote)

EDGSON/OPHUS
THAT the Regional Board direct that a notice be filed on the title of Parcel A, Plan 20608, District Lot 2922, O.D.YD., 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 workshop to the house with a covered breeze way, built under the authority of Building Permit #3506/06, has not been finalized, which is a violation of Regional District of Central Okanagan Building Bylaw No. 835.

CARRIED

Windows Media File Icon Audio of the entire Regional Board Meeting - Audio_Brd_June 28_10.mp3 (177 MB)

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City claims rigorous grow-op inspections
Kelowna.com - Friday, January 8th, 2010

Contributed

A CBC investigation into damage to homes caused by grow-ops raises concerns about the ability of home inspectors and municipal building inspectors to recognize and effectively deal with the health hazard they pose.

Grow Op Cover Up, airing Friday on CBC TV’s Marketplace program, sees reporter Erica Johnson and celebrity builder Mike Holmes investigate ways in which house sellers hide mould and other contaminants that result from marijuana production operations.

“Raising awareness about this problem on national television gives us an opportunity to let the community know how seriously the City of Kelowna takes this issue and how we address it,” says Ron Dickinson, Development Services Director.

No complaints have been registered against the City since it instituted a special inspection program three years ago for buildings police have shut down for containing a grow-op.

The municipal bylaw regarding occupancy of known grow-op buildings requires specialized inspections by an environmental scientist and City inspectors. The homeowner is required to hire the scientist to test the home’s environment for contaminants, whether it’s mould or chemical residue from plant production or meth labs.

“The scientist then explains to the homeowner what steps are required to rid the home of these contaminants and the City also receives a report on the requirements,” says Dickinson.

The building remains closed to occupants until the homeowner has the remediation work completed and the environmental scientist returns to certify the work meets the same health standards as any other building in Kelowna.

After that step, the City sends in building and plumbing inspectors to ensure the building’s infrastructure was not altered to accommodate the illegal activity. It also works with the B.C. Safety Authority to ensure electrical systems are in a safe operating condition. If the inspections determine more work is required to bring these systems up to building codes, the homeowner must obtain the appropriate permits from the City.

“This enables us to further follow up to ensure the needed repairs are made before anyone can occupy the building,” says Dickinson. “A final inspection is the last step before the home is certified as safe to live in.

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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 of 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 Mr.,

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.

More about this Building Violation can be found here

.pdf icon March 22, 2010 Regional District of Central Okanagan Regular Board Meeting Minutes

6.4 Building Violation, Lot 60, Plan 20608, District Lot 2922, 819 Balsam Road (Central Okanagan West Electoral Area) Notice to be placed on Title - Owner: Schnurr (All Directors - Unweighted Vote

Ms. S. Schnurr was in attendance and addressed the Board on the building violation. She stated that she does not believe it is fair to register a building violation on Title. She is living in the house and can't afford to complete the work and does not want to be evicted from her home. Sherry Schnurr, mother of the applicant, spoke to the Board stating that her daughter has tried to do whatever she could do to complete the work but has limited funds.

Staff confirmed that there is not a stop work order on the home. Ms. Schnurr is occupying the building without approval. The building is not complete and the option is to place a bylaw contravention notice on Title. Staff provided the Board with background regarding the Regional District's building bylaw and the need for the Regional District to protect itself from liability. The question was raised what is left to be completed on the house? Staff noted the applicant would not allow staff to inspect the full building so they are not able to comment on what work remains to be completed.

Staff clarified that this is a notice on Title, not a stop work order, nor will the applicant be evicted from her home. As previously requested by the applicant, her correspondence of February 3, 2010, January 18, 2010, and November 12, 2009 was circulated to the Board.

EDGSON/OPHUS
THAT the Regional Board direct that a notice be filed on the title of Lot 60, Plan 20608, District Lot 2922, O.D.YD., 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 No. 835.

CARRIED

There is nowhere in bylaw #835 that says a building needs to be finalized within a certain time frame.

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February 22, 2010 Regional District of Central Okanagan Regular Board Agenda

.pdf icon Item 6.3 Building Violation 9392 Winchester Road.pdf

Agenda No: 6.3
TO: Regional Board
Mtg Date: February 22, 2010

Regional Board Report

FROM: Ray Paterson, Chief Building Inspector
DATE: January 13, 2010
SUBJECT: Building Violation Lot 46, Plan 21925, District Lot 3910, 9392 Winchester Road (Central Okanagan West Electoral Area)
Notice to be Placed on Title - Owner: Miller
Date of Meeting: February 22, 2010

RECOMMENDATION:
That the Regional Board direct that a notice be filed on the title of Lot 46, Plan 21925, 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 #3574/06, has not been finalized, which is a violation of Regional District of Central Okanagan Building Bylaw #835.

BACKGROUND:
On April 28, 2006, Building Permit #3574/06 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 final inspection was carried out May 9, 2007 and a follow up progress inspection was done October 31,2008.
2. A letter was forwarded to the owner in this regard November 9, 2007, April 2, July 31, November 27,2008, March 5 and July 31,2009.

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

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

REGIONAL DISTRICT of CENTRAL OKANAGAN
January 13,2010
Certified LP 096 254 605 CA and Regular Mail
Sean and Everett Miller
9392 Winchester Road

Dear Sean and Everett Miller,

Re: Building Bylaw Violation, Notice to be Placed on Title Lot 46, Plan 21925, 9392 Winchester 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 February 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.

.pdf icon  February 22, 2010 Regional District of Central Okanagan Regular Board Meeting Minutes

6.3 Building Violation, Lot 46, Plan 21925, District Lot 3910,9392 Winchester Road (Central Okanagan West Electoral Area) Notice to be placed on Title

- Owner: Miller (All Directors - Unweighted Vote) WITHDRAWN FROM THE AGENDA

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.pdf icon November 12, 2009 Regional District of Central Okanagan Governance and Services Committee Agenda

Agenda No: 4.4

Governance & Services Committee Report

TO: Governance &Services Committee
FROM: Rhoda Mueller, Chief Bylaw Enforcement Officer
DATE: October 22,2009
SUBJECT: Bylaw Dispute Adjudication Program

RECOMMENDATION:
That the Regional District of Central Okanagan not participate in the Okanagan Valley Bylaw Dispute Adjudication Program.

BACKGROUND:
On September 10, 2009 at the Regional District of Central Okanagan Special Board Meeting, a resolution was adopted for staff to investigate the Bylaw Dispute Adjudication System including costs and an analysis of whether it would be feasible for
the Regional District to be involved and to report back to the Regional Board.

In 2003, the Province of British Columbia enacted the Local Government Bylaw Notice Enforcement Act. From this legislation, a process known as the Bylaw Notice Dispute Adjudication System was developed. A Screening Officer administers resolutions to
disputes and where a resolution can not be reached, a provincially appointed Adjudicator is called in.

The Bylaw Adjudication Program is intended for enforcement of minor bylaw matters, particularly traffic and parking. The Regional District of Central Okanagan does not have a traffic bylaw as it does not govern the roadways within its boundaries.

Dog Control violation tickets can be submitted to an outside collection agency whereas parking violation tickets can not.

The Okanagan Valley Bylaw Adjudication Program is a partnership where administrative costs are distributed by % population. The Regional District of Central Okanagan portion of $3,600.00 is based on the Chilliwack model for an annual budget of
$50,000.00 for all participants. There will also be additional costs such as staff time, data entry and record keeping. Fees for Screening and Adjudication Officers are not included.

The Regional District of Central Okanagan currently participates in the Kelowna Provincial Court system for disputed tickets. There are no costs to the Regional District for this system. It is a process where evidence is taken under oath and recorded, and allows for cross examination. All essential elements must be proven beyond a reasonable doubt. Fines can not be altered. Dog infraction ticket disputes are often complex by nature of the complaint, witnesses involved and defence argument.

The volume of tickets written by Regional District Bylaw Enforcement Officers are for Dog Control contraventions. Tickets are not issued in the weed program, work is carried out by the Regional District of Central Okanagan, and costs are added to taxes.

The attached schedule shows a one year measurement in the Dog Control function for tickets issued and dispute results. Estimated costs of $400 for each dispute through the screening process and Adjudication Hearing could reach $24,400 annually. However, any changes or costs to our current system will trigger a review of the Adjudication System.

Respectfully submitted,

Rhoda Mueller
Chief Bylaw Enforcement Officer

Dan Plamondon, Manager Development & Environmental Services

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September 21, 2009 Regional District of Central Okanagan Regional Board Agenda

.pdf icon Item 6.2 Building Violation 4017 Westside Road.pdf

Regional Board Report

TO: Regional Board
FROM: Ray Paterson, Chief Building Inspector
DATE: June 26, 2009
SUBJECT: Building Violation, Lot 8, Plan 24696, District Lot 4499 4017 Westside Road (Central Okanagan West Electoral Area)

Notice to be Placed on Title - Owner: Suetter
Date of Meeting: September 21, 2009

RECOMMENDATION:
That the Regional Board direct that a notice be filed on the title Lot 8, Plan 24696, 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 residential addition, built under the authority of Building Permit #4093/06, has not been finalized, which is a violation of Regional District of Central Okanagan Building Bylaw #835.

BACKGROUND:
On September 25, 2006, Building Permit #4093/06 was issued authorizing the construction of a residential addition 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 16, May 21, November 14, 2008 and May 6,2009.

2. On June 24, 2009 the area building inspector conducted a site visit and noted some deficiencies. The owner has indicated he does not intend to correct the deficiencies. The owner was advised that we would be proceeding to place a Title Notice on the above noted property.

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

June 26, 2009
Certified LP 096218293 and Regular Mail

Harry, Ryan and Jess Seutter
51466 Range Road 232
Sherwood Park, AB T8B 1L1

Dear Harry, Ryan and Jess Seutter:

Re: Building Bylaw Violation, Notice to be Placed on Title Lot 8, Plan 24696, 4017 Westside 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 September 21,2009, 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.

Yours truly
Ray Paterson, R.B.O.
Chief Building Inspector

.pdf icon September 21, 2009 Regional District of Central Okanagan Regional Board Minutes

6.2 Building Violation - Lot 8, Plan 24696, District Lot 4499, 4017 Westside Road (Central Okanagan West Electoral Area) Notice to be placed on Title - Owner: Suetter (All Directors - Unweighted Vote)

BAKER/EDGSON
THAT the Regional Board direct that a notice be filed on the title Lot 8, Plan 24696, District Lot 4499,4017 Westside Road, G,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 residential addition, built under the authority of Building Permit #4093/06, has not been finalized, which is a violation of Regional District of Central Okanagan Building Bylaw No, 835.

CARRIED

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September 21, 2009 Regional District of Central Okanagan Regional Board Agenda

.pdf icon Item 6.5 Building Violation 9527 Kilkenny Place.pdf

Regional Board Report

TO: Regional Board
FROM: Ray Patterson, Chief Building Inspector
DATE: July 27,2009
SUBJECT: Building Violation, Lot 175, Plan 11592, District Lot 2197 9527 Kilkenny Place (Central Okanagan West Electoral Area)

Notice to be Placed on Title - Owner: Carr
Date of Meeting: September 21, 2009

RECOMMENDATION:
That the Regional Board direct that a notice be filed on the title of Lot 175, Plan 11592 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 wash house addition to a boathouse/garage on the above noted property has not been issued a building permit, which is a violation of Regional District of Central Okanagan Building Bylaw #835.

BACKGROUND:
On May 7,2007, application #07/342 for a wash house addition to a boathouse/garage was submitted, to date no building permit has been issued. The following attempts have been made to have the permit finalized:

1. A fax was forwarded to the owner May 25, 2007 advising of the items required to pickup the Building Permit.

2. A letter was forwarded to the owner May 22, 2008, an extension was given to October, 2008. A letter was sent November 14,2008 advising the owner that due to lack of progress the application would be cancelled. On May 21,2009 a letter was sent advising the owner we would be proceeding to place a Title Notice on the above noted property.

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

June 26, 2009
Certified LP 096 218 280 CA and Regular Mail

John and Susan Carr
1310 Harbour Drive
Coquitlam BC V3J 5T9

Dear Mr. and Mrs. Carr,

Re: Building Bylaw Violation, Notice to be Placed on Title Lot 175, Plan 11592, District Lot 2197,9527 Kilkenny Place

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 September 21,2009, 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.

Yours truly,
Ray Paterson, R.B.O.
Chief Building Inspector

.pdf icon September 21, 2009 Regional District of Central Okanagan Regional Board Minutes

6.5 Building Violation - Lot 175, Plan 11592, District Lot 2197,9527 Kilkenny Place (Central Okanagan West Electoral Area) Notice to be placed on Title - Owner: Carr (All Directors - Unweighted Vote)

EDGSON/OPHUS
THAT the Regional Board direct that a notice be filed on the title of Lot 175, Plan 11592, District Lot 2197, 9527 Kilkenny Place, 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 wash house addition to a boathouse/garage on the above noted property has not been issued a building permit, which is a violation of Regional District of Central Okanagan Building Bylaw No. 835.

CARRIED

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.pdf icon August 24, 2009 Regional District of Central Okanagan Regional Board Minutes

6. DEVELOPMENT AND ENVIRONMENTAL SERVICES

Inspection:

6.1 Bylaw Enforcement Officer Appointments (All Directors - Unweighted Vote)

SHEPHERD/JAMES
THAT Wendy Brown be appointed as a Bylaw Enforcement Officer for all Regional District of Central Okanagan bylaws;

AND THAT Leah Giesbrecht be appointed as a Bylaw Enforcement Officer and Dog Control Officer for the dog control bylaws and dog related issues of the Parks bylaws;

AND FURTHER THAT Bob Schmidt, Whitney Siegmann and Annie Lucas be appointed as Bylaw Enforcement Officers and Dog Control Officers for the dog control bylaws and dog related issues of the Parks bylaws.

CARRIED

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July 9, 2009 Governance and Services Committee Agenda Item 5.3
RDCO's Building Bylaw Contravention Notice, Stop Work Orders and Notice on Title

.pdf icon July 9, 2009 Regional District of Central Okanagan Regional Board Minutes

1.1 Inactive Building Permits/Stop Work Orders with a Bylaw Contravention Notice

Staff report dated June 25, 2009 provided the background and purpose for implementing a Board policy on bylaw contravention notices.

#164/09 BAKER/SHEPHERD
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.

CARRIED

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.pdf icon July 9, 2009 Governance & Services Committee Meeting Minutes

Inspection

5.3 Inactive Building Permits/Stop Work Orders with a Bylaw Contravention Notice

Staff report dated June 25, 2009 outlined recommendations on how the Regional District can deal with inactive building permits/stop work orders with a bylaw contravention notice. Concern had been expressed that the Regional District may be allowing too much time for owners to comply with regulations.

#GS60/09 BAKER/EDGSON
THAT the Governance and Services Committee recommends to the Regional Board to 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 a 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.

CARRIED

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June 22, 2009 Regional District of Central Okanagan Regional Board Minutes

6. DEVELOPMENT AND ENVIRONMENTAL SERVICES

Inspection:

6.2 Building Violation - Strata Lot 84, Strata Plan KAS2428 [La Casa Strata], District Lot 3849, 84-6808 Westside Road (Central Okanagan West Electoral Area) Notice to be placed on Title - Owner: 0697133 B.C. Limited (All Directors - Unweighted Vote) WITHDRAWN FROM AGENDA

6.3 Building Violation - Strata Lot 5, Strata Plan KAS 1512, District Lot 2186 [Wilson's Landing], 5-1750 Westside Road (Central Okanagan West Electoral Area) Notice to be placed on Title - Owner: Zetti (All Directors - Unweighted Vote)

EDGSON/OPHUS
THAT the Regional Board direct that a notice be filed on the title of Strata Lot 5, Plan KAS1512, District Lot 2186, O.D.YD. ,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 an in-ground pool, built under the authority of Building Permit #1493/04, has not been finalized, which is a violation of Regional District of Central Okanagan Building Bylaw No. 835.

CARRIED

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.pdf icon May 25, 2009 Regional District of Central Okanagan Regular Board Meeting Minutes (Pg. 4)

6. DEVELOPMENT AND ENVIRONMENTAL SERVICES

Inspection:

6.1 Building Statistics - April 2009 (All Directors - Unweighted Vote)

BAKER/EDGSON
THAT the building statistics for the month of April 2008 where ten permits were issued for a total value of $12,250 and the January-April 2009 year-to-date statistics where 39 permits have been issued for a total value of $1,912,300 be received.

CARRIED

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

6.2 Building Violation - Lot 9, Plan 20608, District Lot 2922, 7968 Alpine Road (Central Okanagan West Electoral Area) Notice to be placed on Title - Hull (All Directors - Unweighted Vote)

EDGSON/BAKER
THAT the Regional District Board direct that a notice be filed on the tile of Lot 9, Plan 20608, 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 residential addition, built under authority of Building Permit #1890104, has not been finalized, which is a violation of Regional District of Central Okanagan Building Bylaw No. 835.

CARRIED

The question was raised why staff wait so long before coming forward with a recommendation to place a Notice on Title, for example in the above building violation it has been outstanding for three years? The concern is that the owner may sell their property in the meantime without the buyer knowing there are outstanding building permit issues with the property. Staff noted that they try to cooperate with residents who are making progress on outstanding building violations and that in some cases it can take a few years to complete.

SHEPHERD/FINDLATER
THAT staff be directed to develop a Building Violation Policy to include timelines for completion and notices to the Board and report back to the Governance and Services Committee.

CARRIED

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.pdf icon April 27, 2009 - Highlights of the Regional Board Meeting

Wood Burning Appliance Action

The Regional Board has ordered a North Westside property owner to take remedial action regarding an unauthorized wood burning appliance. The property owner has 30 days to either have the device certified as a solid fuel-fired central heating appliance and obtain a building permit for it, or remove and destroy it. If those actions aren’t taken, the Regional District
will remove the unauthorized wood burning appliance at the expense of the property owner
. A building permit was never issued for the appliance and there has not been any documentation presented that the device is certified.

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.pdf icon April 27, 2009 Regional District of Central Okanagan Regular Board Meeting Minutes (Pg, 6) [Wilson's Landing]

6. DEVELOPMENT AND ENVIRONMENTAL SERVICES

Inspection:

6.1 Building Statistics - March 2009 (All Directors - Unweighted Vote)

BAKER/FINDLATER
THAT the building statistics for year to date January-March 2009 where 13 permits were issued for a total construction value of $272,700 and March 2009 statistics where 8 building permits were issued for a total construction value of $69.700 be received.

CARRIED

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

Director Given left the meeting at 7:56 p.m.

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

6.2 Building Violation - Strata Lot 8, Plan KAS1512, District Lot 2186, 8-1750 Westside Road (Central Okanagan West Electoral Area) - Notice to be placed on Title - Owner: Jackson and Wilkinson (All Directors Unweighted Vote)

EDGSON/BAKER
THAT the Regional Board direct that a notice be filed on the title of Strata Lot 8, Plan KAS 1512, O.D.Y.D., District Lot 2186, #8 - 1750 Westside Road, pursuant to Section 57 of the Community Charter and pursuant to that section of the Community Charter 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 #2025/04, had not been finalized, which is a violation of Regional District of Central Okanagan Building Bylaw No. 835.

CARRIED

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.pdf icon April 27, 2009 Regional District of Central Okanagan Regular Board Meeting Minutes

6.4 Stop Work Order - Violation of Building Bylaw No. 835 - Owners- 624502 B.C. LTD. & Terry Urbanowski, Location: 10730 Pinecrest Road, Legal: Lot 83, D.L . 3688, ODYD, Plan 24680 Central Okanagan West Electoral Area. (Deferred from February 23, 2009 Board Meeting) (All Directors Unweighted Vote)

As directed by the Regional Board at its February 23, 2009 meeting, legal advice was obtained on how to proceed with the violation of the building bylaw. Staff have proceeded with municipal ticketing for not obtaining a building permit and one for causing a nuisance. These were delivered by registered mail to Mr. Urbanowski.

It was noted that a number of correspondence has been received from Mr. Urbanowski and these have been copied for the Regional Board. Chair Hobson asked if the owner was in the gallery to respond to the Board resolution. Mr. Urbanowski was not in attendance at the meeting.

EDGSON/REID
THAT the Regional Board of the Regional District of Central Okanagan pursuant to Division 12 of Part 3 of the Community Charter hereby resolves that:

1. The wood burning appliance located at 10730 Pinecrest Road, Vernon, British Columbia, legally described as Lot 83, District Lot 3688, O.D.YD. District, Plan 24680, PID 005-864-101 is considered to be in, or creates an unsafe condition or contravenes the Provincial Building Regulation or bylaw under Division 2 of Part 21 of the Local Government Act.

2. The owner/agent/lessee and occupier of the building is hereby ordered to take the following remedial action with 30 days of the receipt of Notice of this Order:

a) Remove or demolish the wood burning appliance; or

b) Have the wood burning appliance certified to CAN/CSA-B366. 1.M91 "Solid Fuel- Fired Central Heating Appliance" and obtain a Building Permit for the appliance.

AND BE IT FURTHER RESOLVED that the Chief Building Inspector of the Regional District of Central Okanagan BE AND IS HEREBY AUTHORIZED in default of such remedial measures being undertaken by the owner, occupier or tenant, to carryout or have such work carried out and the expense charged to the owner, occupier or tenant. If unpaid on December 31 in the year in which the work is done, the expense shall be added to and form part of the taxes to be paid on the real property as taxes in arrears or be collected as a debt.

CARRIED

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.pdf icon February 23, 2009 Regional District of Central Okanagan Regular Board Meeting Minutes

6. DEVELOPMENT AND ENVIRONMENTAL SERVICES

Inspection:

6.1 Building Statistics - January 2009 (All Directors - Unweighted Vote)

FINDLATER/EDGSON
THAT the building statistics for January 2009 whereby 9 permits were issued for a total construction value of $262,500 be received.

CARRIED

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

6.2 Building Bylaw Violation & Smoke Control Regulatory Bylaw Violation Lot 83, D,L. 3688, ODYD, Plan 24680 - 10730 Pinecrest Road (All Directors Unweighted Vote)

6.3 Stop Work Order - Violation of Building Bylaw No. 935 & Violation of Smoke Control Regulatory Bylaw No. 773 Owners - 624502 B.C. LTD. & Terry Urbanowski, 10730 Pinecrest Road, Lot 83, D,L . 3688, ODYD, Plan 24680 Central Okanagan West Electoral Area

Chief Building Inspector report dated February 3, 2009 outlined the violation of Building Bylaw No. 935 and violation of Smoke Control Regulatory Bylaw No. 773.

The subject property has an unauthorized wood burning appliance (boiler) being used as the primary heat source for the single-detached house. A building permit has never been issued for the boiler which is home-built and not certified. As a result of a complaint received by the department, a Stop Work Order was posted on October 20, 2008. A number of communications have occurred between staff and the owner since that time but the owner continues to use the boiler even though he is aware he is in violation of the above bylaws and ongoing complaints for excessive smoke are received.

Three options were reviewed:

place bylaw contravention notice;
obtain a court injunction to remove the boiler;
prepare a bylaw for the demolition of the boiler (a bylaw would require a
public hearing)

Questions from the Board:
Has staff given the owner the ability to bring this issue into compliance? Yes, but the owner has to date refused to have the boiler certified or stop burning. Mr. Urbanowski has stated that he believes it is constitutional right to use the boiler.

It is believed the unit was put into service in October. The complaints began shortly thereafter.

It was noted that even if the ticket is paid the owner is still not in compliance. Issuing of ticket(s) will not resolve the non-compliance issue.  The owner has been given all the information to comply with the building permit.

Mr. Urbanowski addressed the Board
The owner expressed concerns whether Regional District staff investigated the bylaw infraction. He provided an 'affidavit of truth' signed by seven neighbors claiming the boiler does not cause a smoke nuisance to them.

The question was raised why the owner has not complied with the order to have the boiler certified. Mr. Urbanowski believes the boiler is exempt from bylaw to comply with EPA regulations or CSA standards. He believes he is exempt as the boiler is a low pressure boiler and that he designed it around already existing equipment that meets CSA approval. He believes that CSA
approved boilers may also produce smoke.  He stated that he believes the movement of the air is opposite of his neighbor mostly affecting his home. He noted that it would likely cost approximately $5,000 to have an engineer certify the boiler.

Questions from the Board:
Why was a building permit not sought? Urbanowski: He did not know it had to be CSA approved or that a building permit was required and did not ask the Regional District before proceeding to built it.

Staff noted that the building bylaw does state a building permit is required.

The pictures provided show a great deal of smoke. Urbanowski: Stated the pictures would show smoke once every hour and a half and would be for a few minutes only.

Have you looked at the smoke control bylaw? Urbanowski: Believes he meets the bylaw specification.

How did you arrive at the figure to get it certified? An engineer would be required to come out to certify-this is an estimate only.

Is it possible to have an inspector determine if it is possible to get CSA approved? Staff' A third party (a professional engineer) would be required to determine this.

The smoke control bylaw is complaint driven-if it affects one person, the person lodges a complaint and provides evidence a ticket is issued.

How long does it take to get a court order? It could take a number of months to get an order.

Can the owner apply for a building permit? Staff would not issue a building permit for a device that is not certified.

EDGSON/BAKER
THAT staff be directed to draft a demolition and removal bylaw to be brought back to the Board for first reading.

Amendment: Before the Board voted a discussion ensued that staff seek legal advice on the various options recommended.

SHEPHERD/FINDLATER
THAT the Regional Board DEFER any decision on the Violation of Building Bylaw No. 935 & Violation of Smoke Control Regulatory Bylaw No. 773 until further legal advice is sought on the options recommended.

CARRIED

****NOTE **** about the above Building Bylaw No. 935, the Building Bylaw is not number 935, it is number 835.  RDCO made a mistake.

Smoke Control Extended Service Establishment Bylaw No. 759, 1998

Smoke Control Regulatory Amendment Bylaw No. 1218, 2007 - Amends Bylaw No. 773

Smoke Control Regulatory Amendment Bylaw No. 1130, 2005 - Amends Bylaw No. 773

Smoke Control Regulatory Amendment Bylaw No. 1059, 2004 - Amends Bylaw No. 773

Smoke Control Regulatory Amendment Bylaw No. 969, 2002 - Amends Bylaw No. 773

Smoke Control Regulatory Amending Bylaw No. 781, 1998 - Amends Bylaw No. 773

Smoke Control Regulatory Bylaw No. 773, 1998 - Amended By Bylaw No. 781, Bylaw No. 969, Bylaw No. 1059, Bylaw No. 1130, Bylaw No. 1218

RDCO's Bylaws

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More info about building violations

Letter to RDCO re: Building Violation

About RDCO Building Inspection Bylaws

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RDCO Bylaw #96 .pdf icon Neighborhood Licensed Public House for Commercial and LUC zones.

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To be updated by email on the latest news regarding this subject and other subjects, please send your email address to

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