a. the required remedial action to the property complies with all applicable legislation; and

Transcription

1 ~~~ ABBOTSFORD Report No. EDP March 22, 2011 File No: COUNCIL REPORT Executive Committee To: From: Subject: Mayor and Council Gordon Ferguson, Manager, Bylaw Enforcement Section 57 Notices - Building Bylaw, BC Building Code, Safety Standards Act, Fire Services Act and/or Controlled Substance Property Bylaw (Angela Manetta, 2946 Babich Street; Philip Ryan Harvey Harter & Tammy Lorraine Baker, 3450 Interprovincial Hwy; Helen Tran, Lynn Ave; Wesley Brian Young, McCrimmon Drive; Taranjit S. Purewal & Balhar S. Takhar, Mouat Drive; Tho Kim La, Old Yale Road; and Hue Thi Thanh Nguyen, Sandpiper Drive). RECOMMENDATIONS 1. THAT Report No. EDP , dated March 22, 2011, 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: a. Angela Manetta, 2946 Babich Street; b. Philip Ryan Harvey Harter & Tammy Lorraine Baker, 3450 Interprovincial Hwy; c. Helen Tran, Lynn Avenue; d. Wesley Brian Young, McCrimmon Drive; e. Taranjit S. Purewal & Balhar S. Takhar, Mouat Drive; f. Tho Kim La, Old Yale Road; g. Hue Thi Thanh Nguyen, Sandpiper Drive. 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 owner/agent of the following: a. the required remedial action to the property complies 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 properties listed in Appendix "A" and found that they were 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 fina l 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. RE LEVANCE 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. /-~~" Erooom;, Planning Services "",,'opm," & ~ rdon Fergus611'-- Manager, Bylaw Enforcement

4 APPENDIX "An Section 57 - Community Charter Recommendation to Council Subject Address: Subject Building 2946 Babich Street House I recommend that a notice be filed in the land title office, for the following reasons(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 buildillg was used for growillg marijualla, in contravention of the Contro lled Substance Property Bylaw. - Alterations were made in contravention of the Safety Standards Act; Branch circuits added & modified witl/out electrical illstallation permit Electric meter has been bypassed Gas pipillg and vel/ting were modified. - Alterations were made, in contravention of th e BC Building Code: Double cylinder deadbolts installed ill exterior doors. Self closure required 011 garage/house door. Door ill stalled at bottom of interior stairs without required lalldillg. SUlldeck guards have been damaged/removed. Building Inspector (name) Walter Poh ~ // Bui lding Inspector (signature) VJ L~ Date February 24, 20 I I

5 APPENDIX "AU Section 57 - Community Charter Recommendation to Council Subject Address: Subject Buildin!: 3450 Interprovillcial Hwy. Bam I recommend that a notice be filed in the land title office, for the following reasons(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. - Alterations were made in contravention of the Safety Standards Act; Branch circuits added & modified without electrical illstallation permit Electric meter was bypassed. 2. I discovered that the following work was done without a permit or satisfactory inspection: House garage has been collverted to living space. Building permit is required. Building Inspector (name) Building Inspector (signature) Date Walter Poh \)::J February 24,2011 \ Q ~

6 APPENDIX " A " Section 57 - Community Charter Recommendation to Council Subject Address: Subject Building: Lynn Avenue House I recommend that a notice be filed in the land title office, for the following reason(s). 1. I obsened the following condition that results from the contrave ntion 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: : Branch ciruits added without electrical permit. Electric Meter was bypassed. Vents were disconnected from furnace and hot water tank. - Alterations were rnade, in contravention of the BC Building Code: Bedroom windows have barricades installed, preventing occupants from exiting in the event of a fire. 2. I discovered that the following work was done without a permit or satisfactory inspection : Carport has been enclosed into garage. Building Inspector (name): Walter Poh \ r! Building Inspector (signature): " ;.\. ~ Date: March 18, 2011

7 APPENDIX " A " Section 57 - Conununity Charter Reconunendation to Council Subject Address: Subject Building McCrimmoll Drive Detached jlarajle I recommend that a notice be filed in the land title office, for the following reasons(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 buildi/lg was used for growing marijuana, in contravention of the Controlled Substance Property Bylaw. - Alterations were made in contravention of the Safety Standards Act; Bra/lch circuits added & modified wit/lout electrical illstallatiolt permit Electric meter was bypassed. Walter Poh Building Inspector (name) '\ /"'\ Building Inspector (signature) la \~ Date March 10, 2011

8 APPENDIX " A " Section 57 - Community Charter Recommendation to Council Subject Address: Subject Buildine Mouat Drive House I recommend that a notice be filed in the laud title office, for the following reasons(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 buildillg was used for growillg marijualla, in contravention of the Controlled Substance Property Bylaw. - Alterations were made in contravention of the Safety Standards Act ; Brallch circuits added & modified without electrical instal/atioll permit Gas venting does IlOt have required clearallce from combustible collstructioll. - Alterations were made, in contravention of the BC Building Code: Doors at lalldillg are not permitted. Garage walls and ceiling are required to be air tight to prevent gasses from elltering house. Holes must be repaired. Self closure is required Oil garage/house door. 2. I discovered that the following work was done without a permit or satisfactory inspection: Sundeck at east side of house has been built without a buildillg permit Ild is encroaching ill to required side yard setback. Building Inspector (name) Walter Poh (J Building Inspector (signature)./ Date March 10, 2011, V -

9 APPENDIX "An Section 57 - Community Charter Recommendation to Council Subject Address: Subject Buildin!! Old Yale Road House I recommend that a notice be filed in the land title office, for the following reasons(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. - Alterations were made in contravention of the Safety Standards Act ; Branch circuits added & modified without electrical installation permit Electric meter was bypassed. Building Inspector (name) Walter Poh ('\ C. Building Inspector (signature) I V " Date '",--\ February 24, 2011

10 APPENDIX "A" Section 57 - Community Charter Recommendation to Council Subject Address: Subject Building Sandpiper Drive House I recommend that a notice be filed in the land title office, for the following reasons(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. - Alterations were made in contravention of the Safety Standards Act ; Branch circuits added & modified without electrical installation permit - Alterations were made, in contravention of the BC Building Code: Smoke alarms have been disconnected. Walter Poh r-j /1 Building Inspector (name) Bui lding Inspector (signature) l~ ( Y----. Date February 24,2011

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13 ~~~ ABBOTSFORD 2946 Babich Street The house was used for growing marijuana, in contravention of the Controlled Substance Property Bylaw. ~,~ e~

14 ~~~ ABBOTSFORD 2946 Babich Street Electrical meter was bypassed and branch circuits were added and modified without an electrical installation permit. ~a~~ t:!,~

15 ~~~ ABBOTSFORD 2946 Babich Street 8-vent has been tam pered with at the water tank and the furnace. ~.a~ t:!-~

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18 ~~~ ABBOTSFORD 3450 Interprovincial Hwy. The building was used for growing marijuana, in contravention of the Controlled Substance Property Bylaw.,~ e~

19 ... ~~ ABBOTSFORD 3450 Interprovincial Hwy. Electrical meter was bypassed and branch circuits were added and modified without an electrical installation permit. ~~, t:!-~

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22 ~~~ ABBOTSFORD Lynn Avenue The house was used for growing marijuana, In contravention of the Controlled Substance Property Bylaw. ba~~ e~

23 ~~~ ABBOTSFORD Lynn Avenue Unsafe electrical wiring and electrical meter has been bypassed. --. ~ '.J'" i~ - - \; --!:-- " it ~a~~ ~~

24 ... ~~ ABBOTSFORD Lynn Avenue B vent has been tampered with at water tank and furnace. Safety concern for Asphyxiation of the occupants. ~a,~ e~

25 ~~~ ABBOTSFORD Lynn Avenue Carport has been enclosed to garage without. apermit. Bedroom windows have been barricaded. &a~~ l!!-~

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27 ~~~ ABBOTSFORD McCrimmon Drive The detached garage was used for growing marijuana, in contravention of the Controlled Substance Property Bylaw. ~?4~ t:!-~

28 ~~~ ABBOTSFORD McCrimmon Drive Branch circuits added & modified without electrical Installation permit and Electrical meter was bypassed. ba,~ e~

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32 ~~~ ABBOTSFORD Mouat Drive C vent requires 6" clearance to combustible construction ~a~ ~~

33 ~~..6 ABBOTSFORD Mouat Drive Sundeck at east side of house has been built without building permit and is encroaching into the required side yard setback. ~a~~ t:!-~

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35 ~~~ ABBOTSFORD Old Yale Road The house was used for growing marijuana, in contravention of the Controlled Substance Property Bylaw. ~a,~ e~

36 ~~~ ABBOTSFORD Old Yale Road Electrical meter was bypassed and branch circuits were added and modified without an electrical installation permit. ~#~~ l:!-~

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38 ~~~ ABBOTSFORD Sandpiper Drive The house was used for growing marijuana, in contravention of the Controlled Substance Property Bylaw. ~24~~ e~

39 ~k~ ABBOTSFORD Sandpiper Drive Unsafe electrical wiring. Branch circuits added and modified without electrical installation permit. ~2/i,~ e~

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