Standent Holdings Inc./S. Soon, Unit McCallum Road (Appendix "B"); and Tuan Nghia Duong, 2689 St Moritz Way;

Transcription

1 ~~h ABBOTSFORD Report No. EDP December 7,2012 File No: COUNCIL REPORT Executive Committee To: From: Subject: Mayor and Council Gordon Ferguson, Manager, Bylaw Enforcement Section 57 Notice - Building Bylaw, BC Building Code, Safety Standards Act, Fire Services Act and/or Controlled Substance Property Bylaw (Standent Holdings Inc./S. Soon, Unit McCallum Road; Tuan Nghia Duong, 2689 St Moritz Way) RECOMMENDATIONS 1. THAT Report No. EDP , dated December 7, 2012, from the Manager, Bylaw Enforcement, regarding properties used in contravention of the Building Bylaw, BC Building Code, Safety Standards Act, Fire Services Act and/or Controlled Substance Property Bylaw, be received; 2. THAT the Corporate Officer be directed to file a notice in the Land Title Office against the title of the following properties, in accordance with Section 57 of the Community Charter, as shown in Appendix "A" of this report: Standent Holdings Inc./S. Soon, Unit McCallum Road (Appendix "B"); and Tuan Nghia Duong, 2689 St Moritz Way; 3. THAT the Corporate Officer be authorized to file a cancellation notice in accordance with Section 58 of the Community Charter, for the properties in Appendix "A", when the conditions that gave rise to the filing of the notice under Section 57(3) are rectified, including receipt of written evidence from the property owners/agents of the following: a. the required remedial action to the properties comply with all applicable legislation; and b. all other necessary approvals and permits on such terms as they may be issued, including but not limited to a final inspection by the City's Building Inspector and certification from an individual or corporation certified by the Canadian Registration Board of Occupational Hygienists or the American Board of Industrial Hygiene; and 4. THAT the Mayor and Corporate Officer be authorized to execute all documents related to this matter.

2 Report No. EDP BACKGROUND Section 57 of the Community Charter allows Council to consider a resolution that directs the Corporate Officer to file a notice in the Land Title Office when the Building Inspector observes a condition that results from the contravention of a bylaw; and as a result of the condition, a building is unsafe or that work that required a permit, was carried out on the property without the necessary permit. A City Building Inspector inspected the property listed in Appendix "A" and found that it was used, or work was done, in contravention of the Building Bylaw, BC Building Code, Safety Standards Act, Fire Services Act and/or Controlled Substance Property Bylaw. Bylaw Enforcement Division receives complaints from the general public and identifies residences of concern from the BC Hydro consumption data report on a regular basis. Inspections of properties are conducted if a combination of the following exists: a. high electrical consumption over 93 kw/h per day; b. a heat source identified by a thermal image camera; c. fortification and coverage of windows; or d. suspicious activity at the residence. The Bylaw Enforcement Division also inspects properties where the Abbotsford Police Department dismantles an existing marijuana grow operation. ANALYSIS When a controlled substance property is confirmed, a notice is posted on the building indicating that the property is not to be occupied and that water service will be discontinued. Following the inspection, a letter is sent to the property owner explaining the steps needed to remediate the property and itemizing the fees that apply. Property owners are given a minimum of five business days written notice of their opportunity to be heard, when the Building Inspector recommends that a notice be filed on title. A final inspection may be booked once the property owner meets the requirements of all applicable legislation. Upon completion of the final inspection, the property owner is advised if the building may be re-occupied or if additional work is needed. The length of the remediation process is dependent on how quickly the property owner/agent, cleaner, hygienist and contractor address deficiencies. Once all remedial action is completed, the notice that is filed at the Land Title Office is removed. RELEVANCE TO STRATEGIC PLAN Enforcement of the City's Controlled Substance Property Bylaw 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, because fees for filing and removing the notice in the Land Title Office are contained in the Controlled Substance Property Bylaw and will be recovered from the property owner.

3 Report No. EDP COMMUNICATION PLAN The City Clerk gave the property owner written notice (minimum of five business days) of the opportunity to be heard in this matter. SUMMARY Section 57 of the Community Charter allows local governments to file a notice in the Land Title Office when a Building Official: observes construction or safety concerns related to a building or structure; or discovers work without the required permit or inspection. When such a notice is filed in the Land Title Office, persons having an interest in the property, such as a potential purchaser, are alerted of the matter by performing a title search at the Land Title Office. ~6 rdon FerguSGA r3ianager, Bylaw Enforcement

4 Appendix "A" Section 57 - Community Charter Recommendation to Council Subject Address: Unit McCallum Road Subject Building: Warehouse I recommend that a notice be filed in the land title office, for the following reason(s). 1. I observed the following condition that results from the contravention of a bylaw, Provincial building regulation or other enactment that, as a result of the condition, the building or other structure is unsafe or is unlikely to be usable for its expected purpose during its normal lifetime: The building was used for growing marijuana, in contravention of the Controlled Substance Property Bylaw. - Alternations were made, in contravention of the Safety Standards Act: Electrical system has been modified and is unsafe - Alterations were made, in contravention of the BC Building Code: Electrical cable was removed leaving hole in drywall on demising wall. Building Inspector (name): Walter Poh Building Inspector (signature): ~, Date: November 8, 2012

5 Appendix "A" Section 57 - Community Charter Recommendation to Council Subject Address: 2689 St. Moritz Way Subject Building: House I recommend that a notice be filed in the land title office, for the following reason(s). 1. I observed the following condition that results from the contravention of a bylaw, Provincial building regulation or other enactment that, as a result of the condition, the building or other structure is unsafe or is unlikely to be usable for its expected purpose during its normal lifetime: The building was used for growing marijuana, in contravention of the Controlled Substance Property Bylaw. - Alternations were made, in contravention of the Safety Standards Act: Electrical system has been modified and is unsafe. Electric meter has been bypassed. - Alterations were made, in contravention of the BC Building Code: Framed walls have been added for growop. 2. I discovered that the following work was done without a permit or satisfactory inspection: Building permit # has expired. Building Inspector (name): W Building Inspector (signature): Walter Poh ~ Date: December 3, 2012

6 ... ~, BRITISH COLUMBIA BC Registry Services PO Box 9431 Stn Prov Govt Victoria BC V8W 9V3 Location: 2nd Floor Blanshard Street Victoria BC BC Company Summary For STANDENT HOLDINGS INC. Date and Time of Search: Currency Date: September 28,201211:42 AM Pacific Time August22,2012 Incorporation Number: Name of Company: Recognition Date: Last Annual Report Filed: ACTIVE BC STANDENT HOLDINGS INC. Incorporated on December 20,1991 December 20,2011 In Liquidation: No Receiver: No REGISTERED OFFICE INFORMATION MISSION BC V2V 1G3 MISSION BC V2V 1G3 RECORDS OFFICE INFORMATION MISSION BC V2V 1 G3 MISSION BC V2V 1 G3 DIRECTOR INFORMATION Last Name, First Name, Middle Name: SOON, STANLEY T. ABBOTSFORD BC V2S7S3 ABBOTSFORD BC V2S7S3 OFFICER INFORMATION AS AT December 20,2011 BC Page: 1 of 2

7 Last Name, First Name, Middle Name: Soon, Judith A Office(s) Held: (Secretary) Last Name, First Name, Middle Name: Soon, Stanley T Office(s) Held: (President) BC Page: 2 of 2