AN 1 _ 13. From:CWL CONTRACTING 1 CORNERSTONE. BYl A\\ F"f.Ok{ Fl\tE~ r 01/10/ :11 #371 P.001/001. Kl, t l " t U LllV OF B () (~ford

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Download "AN 1 _ 13. From:CWL CONTRACTING 1 CORNERSTONE. BYl A\\ F"f.Ok{ Fl\tE~ r 01/10/ :11 #371 P.001/001. Kl, t l " t U LllV OF B () (~ford"

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1 From:CWL CONTRACTING 1 CORNERSTONE /10/ :11 #371 P.001/ Be Ltd Peardonvil1e Road Abbotsford, BC V2T 6K4 December 24,2013 Gordon Ferguson Manager, Bylaw Enforcement City Of Abbotsford South Fraser Way Abbotsford, BC, V2T 1 W7 BYl A\\ F"f.Ok{ Fl\tE~ r AN 1 _ 13 Kl, t l " t U LllV OF B () (~ford Re: 2869 Tims street request to reconsider Dear Gordon Ferguson: I am writing to ask you to reconsider the request for demolition of the above noted house. We have been renting it out to the same tenant for a long time now and there are no other places in town that offer this affordable of housing. If you would like to meet on site to review, I would be happy to discuss other options at that time. Thank you for your support.

2 Excerpt from the Minutes of the Executive Committee meeting of the Council of the City of Abbotsford held December 10, 2012, at 3:09 p.m. in the Matsqui Centennial Auditorium BC Ltd. (P.J. Reimer, 2869 Tims Street; Nuisance Dwelling and Garage ( ) Moved by Councillor MacGregor, seconded by Councillor Barkman that Report No , dated November 13, 2012, from the Manager, Bylaw Enforcement; and Bylaw Enforcement Officer, regarding the BC Ltd. (P.J. Reimer) property, located at 2869 Tims Street, recommending a dwelling and garage be declared a nuisance, be received; and (1) the dwelling and garage, located at 2869 Tims Avenue, be declared a nuisance, under Section 74 of the Community Charter; (2) under Section 74 of the Community Charter, BC Ltd. (P. J. Reimer), being the registered owner of the property located at 2869 Tims Avenue, be ordered to demolish and remove the dwelling and garage, including all debris resulting from the demolition, from the lot by February 28, 2013; (3) if the remedial action specified in Recommendation (2) is not completed by the date stated, the City, or its agent, be authorized to enter the property and complete the work in accordance with applicable laws; any costs incurred by the City be charged back to the property owner; and if the property owner defaults in paying the costs, the costs be added to the property taxes payable as taxes in arrears, in accordance with Section 258 and 259 of the Community Charter; and (4) the Mayor and Corporate Officer be authorized to execute all documents related to this matter. Opposed: Councillor Braun E CARRIED.

3 e. 1~A ABBOTSFORD Report No. EDP November 13, 2012 File No: COUNCIL REPORT Executive Committee To: From: Subject: Mayor and Council Gordon Ferguson, Manager, Bylaw Enforcement Jessica Harknett, Bylaw Enforcement Officer Nuisance Dwelling and Garage at 2869 Tims Street (owner BC Ltd.lP.J. Reimer) RECOMMENDATIONS 1. THAT Report No. EDP , dated November 13,2012, from the Manager, Bylaw Enforcement, and the Bylaw Enforcement Officer, regarding a nuisance dwelling and garage. located at 2869 Tims Street. be received; 2. THAT the dwelling and garage, located at 2869 Tims Street. be declared a nuisance, under Section 74 of the Community Charter; 3. THAT under Section 74 of the Community Charter, BC Ltd., being the registered owner of the property, located at 2869 Tims Street, be ordered to demolish and remove the dwelling and garage, including all debris resulting from the demolition, from the lot by February 28,2013; 4. THAT if the remedial action specified in Recommendation 3 is not completed by the date stated, the City, or its agent, be authorized to enter the property and complete the work in accordance with applicable laws; any costs incurred by the City be charged back to the property owner; and if the property owner defaults in paying the costs, the costs be added to the property taxes payable as taxes in arrears, in accordance with Sections 258 and 259 of the Community Charter; and 5. THAT the Mayor and Corporate Officer be authorized to execute all documents related to this matter. BACKGROUND The Community Charter gives Council authority to impose remedial action requirements upon owners of property that are a nuisance or in a hazardous condition. Remedial action may include removing or demolishing a building or otherwise dealing with it in accordance with the directions of Council. Hazardous conditions include anything Council considers is in, or creates, an unsafe condition or contravenes building regulations. Nuisance conditions include anything that Council considers is so dilapidated or unclean as to be offensive to the community. A resolution imposing a remedial action must specify the time by which the required action is to be completed, which may be no earlier than 30 days. If Council imposes a remedial action requirement, notice must be given to the property owner who may, within 14 days, request Council reconsideration. Council may set shorter time limits if it considers that there is a significant risk to health or safety if action is not taken earlier. If the owner fails to take the required remedial action, the City may step in and complete the work at the owner's expense. Costs incurred by the City may be collected as taxes in arrears.

4 Report No. EDP Page 2 of 2 ANALYSIS The lot at 2869 Tims Street is designated One Unit Urban Residential Zone, (RS3). On April 18, 2005, Bylaw No , rezoning the property from RS3 to Low Rise Apartment Zone (RML), received third reading; -however, redevelopment of the property has not proceeded. The registered owner of the lot is BC Ltd, (Attachments "A" and "B"). Located on the lot is a dilapidated, rented dwelling and garage that is approximately 60 years old. The buildings are unclean, unsightly and do not appear to be maintained (Attachment "C"). Paint is peeling, moss and weeds are growing on the roof and the fascia is rotted. Portions of the wood siding and structure are also rotted and the roof overhangs are collapsing. Electrical wires are exposed and appear damaged. Since 2011, Bylaw Enforcement staff has attended the property three times concerning bylaw violations such as unsightliness and an overgrown lawn. Dilapidated buildings detract from the appearance of the City. Since the lot at 2869 Tims Street is destined for redevelopment it is unlikely that the existing dwelling and garage will ever be brought back to an acceptable standard. RELEVANCE TO STRATEGIC PLAN Remedying nuisance buildings supports the City's strategic goal to build a safer, healthier and more inclusive community. FINANCIAL PLAN IMPLICATION There is no implication to the financial plan. If Council orders remedial action, and the property owner defaults, the City may step in and complete the work. Costs incurred by the City may be collected as taxes in arrear. COMMUNICATION PLAN If Council imposes a remedial action requirement, notice will be given to the property owner, as required under the Community Charter. The owner may, within 14 days of mailing, request Council reconsideration. CONCLUSION The dwelling and garage at 2869 Tims Street have been allowed to deteriorate to their current, dilapidated, unsightly condition. Demolition 0 e buildings will improve the appearance of the neighbourhood.. (2 /) dessiccii?arkfre9.il_ / Bylaw Enforcement

5 Date: 13-Nov-2012 Requestor: (PB74682) folio: TITLE SEARCH PRINT CITY OF ABBOTSFORD TITLE - BV Time: 10:52:56 Page 001 of 002 Attachment" A" NEW WESTMINSTER LAND TITLE OFFICE TITLE NO: BV FROM TITLE NO: BG10370 APPLICATION FOR REGISTRATION RECEIVED ON: 10 SEPTEMBER, 2003 ENTERED: 25 OCTOBER, 2003 REGISTERED OWNER IN FEE SIMPLE: B.C. LTD., INC.NO PEARDONVILLE ROAD ABBOTSFORD, BC V2T 6K4 TAXATION AUTHORITY: CITY OF ABBOTSFORD CLEARBROOK WATERWORKS DISTR:CT DESCRIPTION OF LAKD: PARCEL IDENTIFIER: : NORTH HALF OF THE SOUTH HALF LOT 14 SECTION 20 TOWNSHIP 16 NEW WEST~lINSTER DISTRICT P~AN 9804 LEGAL NOTATIONS: NONE CHARGES, LIENS AND INTERESTS: NATURE OF CHARGE CHARGE NUMBER DATE TIME MORTGAGE BV :56 REGISTERED OWNER OF CHARGE: PROSPERA CREDIT UNION BV REMARKS: :NTER ALIA COVENANT 8B :1:02 REGISTERED OWNER OF CHARGE: CITY OF ABBOTSFORD REMARKS: INTER ALIA PRIORITY AGREEMENT B :03 REMARKS: INTER ALIA GRANTING BB PRIORITY OVER BV "CAUTION - CHARGES MAY NOT APPEAR IN ORDER OF PRIORITY. SEE SECTION 28, L.T.A." DUPLICATE INDEFEASIBLE TITLE: NONE OUTSTANDING 'T'RANSFERS: NONE PENDING APPLICATIONS: NONE *** CURRENT INFORMATION ONLY - NO CANCELLED INFORMATTON SHOWN Date: 13-Nov-2012 TITLE SEARCH PRINT Requestor: (PB7 4682) CITY OF ABBOTSFORD Folio: TITLE - BV *** Time: 10:52:56 Page 002 of 002

6 Attachment "B" -..,Be Registry BRITISH S ervlces. COLUMBIA i Mailing Address: PO Box 9431 Sm Prov Govt Victoria BC V8W 9V3 Location: 2nd Floor 940 Blanshard Street Victoria BC BC Company Summary For B.C. LTD ~ " Date and Time of Search: Currency Date: November 13, :54 AM Pacific Time September 17, 2012 Incorporation Number: Name of Company: Recognition Date: Last Annual Report Filed: ACTIVE BC B.C. LTD, Incorporated on September 25, 1991 September 25,2012 In Liquidation: No Receiver: No REGISTERED OFFICE INFORMATION Mailing Address: PEARDONVILLE RD ABBOTSFORD BC V2T 6K4 CANADA Delivery Address: PEARDONVILLE RD ABBOTSFORD BC V2T 6K4 CANADA RECORDS OFFICE 'INFO-R-M-A-T-: IO--N Mailing Address: # PEARDONVILLE RD ABBOTSFORD BC V2T 6K4 CANADA Delivery Address: # PEARDONVILLE RD ABBOTSFORD BC V2T 6K4 CANADA DIRECTOR INFORMATION Last Name, First Name, Middle Name: REIMER, PETER JOHN Mailing Address: 5371 MT LEHMAN RD ABBOTSFORD, BC V4X1Y4 Delivery Address: 5371 MT LEHMAN RD ABBOTSFORD, BC V4X1Y4 OFFICER INFORMATION AS AT September 25,2012 BC Page: 1 of 2

7 Last Name, First Name, Middle Name: REIMER, PETER JOHN Office(s) Held: (President, Secretary) Mailing Address: 5371 MT LEHMAN RD ABBOTSFORD, BC V4X1Y4 Delivery Address: 5371 MT LEHMAN RD ABBOTSFORD, BC V4X1Y 4 t 4C... BC Page: 2 of 2

8 Attachment "c"

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