To request a Council resolution to file Notice in the Land Title Office with respect to contravention of City bylaws.

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1 February 21, 2017 REPORT TO: D. COMIS, CHIEF ADMINISTRATIVE OFFICER FROM: C. KEHLER, CORPORATE OFFICER SUBJECT: PURPOSE: NOTICE ON TITLE FOR THE PROPERTY LOCATED AT 1472 SEAWAY DRIVE - LOT 6, DISTRICT LOT 125, NANOOSE DISTRICT, PLAN VIP10841 To request a Council resolution to file Notice in the Land Title Office with respect to contravention of City bylaws. EXECUTIVE SUMMARY: Section 57 of the Community Charter provides Council with a tool to protect future purchasers of any property deemed to be in contravention of City bylaws, particularly as they relate to building life safety and liability matters. RECOMMENDATIONS: 1. THAT the report from the Director of Administrative Services dated February 21, 2017, entitled "Notice on T.itle for the Property Located at 1472 Seaway Drive - Lot 6, District Lot 125, Nanoose District, Plan VIP10841" be received. 2. THAT the Corporate Officer be directed to file Notice in the Land Title Office for the property located at 1472 Seaway Drive, Parksville, BC stating that: (a) A resolution relating to the subject lands has been made under Section 57 of the Community Charter, and (b) Further information respecting the resolution may be inspected at the Planning and Building Department, City of Parksville. BACKGROUND: A notice on title of a property provides advice to any potential purchasers that unauthorized, uninspected construction has taken place on the site and the purchaser should investigate the matter to determine, to their own satisfaction, whether or not they wish to proceed with purchase of the property. If a homeowner, having received a notice on their title, corrects the contraventions to the satisfaction of the City, they may apply to have the notice removed, at their own expense.

2 Report t o Council Notice on Title Seaway Drive Page 2 of 4 The application of notice on title is governed by a statutory process and the property owner must be given the opportunity to appear before Council to respond to the City's position. Notice on title cannot move forward until that opportunity has been provided to the property owner. In accordance with the legislation, written correspondence informing the owners of the recommendation that Council be requested to file the notice on title wa s mailed to the owners on the 21st day of February, A copy of the correspondence is attached to this report. In August 2016, City building inspectors attended the site based on a complaint received about work being performed at the subject property without a permit. It was determined that the house on the property had been deconstructed to a state that staff believed it was being demolished. Photographs taken by the City building inspector on August 15, 2016, are attached for reference. On August 18, 2016, staff requested by correspondence that the owner obtain a building permit to either demolish or reconstruct the dwelling at their earliest convenience. No response was received to this request. On January 19, 2017, staff once again requested compliance via correspondence mailed to the listed owner. As of February 2, 2017, City staff had not received an application to either demolish or recon struct the dwelling and bring the property into compliance. Staff have received at least one additional complaint about the unsightly nature of the property in January As of the date of this report and despite staff's efforts, the state of the property remains unchanged from the initial visit in August Thi s property is also subject to additional legal complexities. Th e registered owner of the property is listed as an estate executor. The City was made aware by WorkSafeBC that the property is also under a Stop Work Order for hazardous materials violations. Furthermore, the property is currently listed for sale as vacant land with Royal LePage Realty with the advertisement that "Any of the environmentally sensitive materials have already been professionally dealt with and all that stands is basically the wooden structure and foundation." The MLS listing is attached for reference. The property owner is in contravention of "Building Bylaw, 2003, No. 1387", Section 5(a), as follows: 5. No person shall: a. start or continue constructing, altering, demolishing, reconstructing, relocating, removing or changing the occupancy of a building, structure, or work or install or alter plumbing systems without a valid permit from the Building Official, OPTIONS: 1. Direct the Corporate Officer to file a Notice in the Land Title office for in accordance with section 57 of the Community Charter as set out in this report. 2. Take no further action.

3 Report to Council Notice on Title Seaway Drive Page 3 of 4 ANALYSIS: A Notice on Title under section 57 of the Charter is designed to ensure any potential purchasers of a property are aware the property is in contravention of City bylaws, as well as which sections of the bylaw are contravened and assists them in making an informed decision with respect to the purchase. Taking no action may increase liability for the City. The subject properties are in contravention of the City's building bylaw. Where life safety matters are concerned, the Supreme Court of Canada has very clearly placed a "duty of care" on building inspection functions. In order to provide adequate protection against liability, the City must take the two pronged approach of filing notice on title and proceeding with enforcement action. Once the property owner brings the property into compliance they may apply to the City to have the notice removed at their own expense. FINANCIAL: The financial implications include the cost of filing Notice on Title in the Land Title Office and the staff time to resolve the matter. Failure to advance with the notice filing may increase the City's future liability should the property be sold without the Notice on Title. STRATEGIC PLAN IMPLICATIONS: Maintain or Enhance Quality of Life - Notice on Title is a legislated authority designed to provide information to prospective purchasers the subject property is in contravention of City bylaws. By utilizing this tool, Council is providing a level of protection to citizens or future citizens when purchasing property which by extension cou ld be considered to enhance their quality of life. Renewal and Maintenance of Infrastructure - N/A Maintain or Enhance Levels of Service - N/ A Maintain or Reduce Actual Property Tax Burden - N/ A Environmentally Sustainable - N/ A Economic Development - N/ A REFERENCE : Building Bylaw, 2003, No Letter to property owner dated February 21, 2017 Photographs taken by City staff-august 2016 (attached) MLS listing # for 1472 Seaway Drive (attached)

4 Report to Council Notice on Title Seaw ay Drive Page 4 of 4 Respectfully submitted, CAOIMHE KEHLER Corporate Officer Adm1P\fole Rec Ma11a3ement\Agrec111ents 10 Secure S1ordge\Not1ce on T1tle\Mo 1son Avenue 345 and 363\1. Reporl lo Council S. 57 Oceanv1ew Gatdens.doe< OTHER DEPARTMENT COMMENTS: BLAINE RUSSELL Director of Community Planning and Building CHIEF ADMINISTRATIVE OFFICER COMMENTS: DEBBIE COMIS Chief Administrative Officer

5 Bylaw Consolidated - Page 5 PURPOSE 4. This bylaw shall, despite any other provision it contains, be interpreted in accordance with this section. a. This bylaw's purpose is to regulate construction in the City in the general public interest. b. Activities carried out under this bylaw by or on behalf of City are so lely to provide a limited and interim spot-checking function for health, safety, and the protection of persons and property. c. This bylaw neither contemplates nor intends doing any of the following and this bylaw's purpose does not extend to any of the following: i. protecting any owner, owner/builder, or constructor, from economic loss; ii. iii. iv. the City or the Building Official assu ming any responsibility for ensuring the compliance by any owner or any employees, constructors or designers retained by him or her, with the Building Code, the requirements of this bylaw or other applicable enactments respecting safety; wa rranting design or quality of work respecting a building, structure, or work, for which a permit is issued under this bylaw; wa rranting to any person that work done respecting a building, structure, or work, for which a permit is issued under this bylaw, complies with the Building Code, this bylaw, and other applicable codes, standards, and enactments; v. warranting or assuring that work done under a permit issued by the City is free from defects, including latent defects. PROHIBITIONS 5. No person shall: a. start or continue constructing, altering, demolishing, reconstructing, relocating, removing or changing the occupancy of a building, structure, or work or install or alter plumbing systems without a valid permit from the Building Official, b. continue, after the Building Official orders work to stop, constructing, altering, demolishing, reconstructing, relocating, or removing a building, structure, or work, without the Building Official's written permission, c. submit fa lse or misleading information in an application for a permit under this bylaw, d. interfere with the entry of a Building Official or other authorized person on property in

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17 1472 SEAWAY DRIVE, PARKSVILLE, British Columbia Realtor.ca Page I of 3 ra REALTOR.ca 'i4uog' SEA WAY DRIVE, PARKSVILLE, British Columbia $675,000 MLS' Number: Property Type Vacant Land Land Size 3960 sqft Neighbourho od Na me ZS Parksville Tiiie Freehold Description "Only available walk on waterfront lot 1n Parksville" All the water. sewer and hydro hookups are right to lot hne. This gorgeous lot is located Right next to the famous Rathtrevor Beach, one of the nicest beaches on vancouver island! The small cottage on the property needs to be removed Any of the environmentally sensitive materials have already been professionally dealt With and all that stands is basically the wooden structure and foundation. This walk on waterfront lot 1s rare. call today for details! Details Access Easy access Features Central location. Private setting View Ocean view Building Style Other Land Frontage 60 ft Land Depth 66 ft Photos WAY-DRIVE-PA

18 1472 SEAWAY DRIVE, PARKSVILLE, British Columbia Realtor.ca Page 2of3 Directions I Map To Destination N Ro11d Craig 1472 SEAWAY DRIVE, PARKSVILLE, British Columbia 8 ArbutuiRd c-= Address ~ City L Province From All Postal Code 2017 Mlc1osof1 COi POUilion $,, 1,,~ 250m 2~~'4k 1tE CLINTON MILLER Personal Real Estate Corporation ( Fax: Royal lepage Parksville-Quallcum Beach Realty (PBOJ 173 WEST ISLAND HWY PARKSVILLE Parksville, BC V9P2H1 ( Fax: Doto provided by: Vancouver lslnnd Rcnl Estnte Bonrd 6374 Mctral Drive, Nonolmo. British Columbia V9T 2l8 All info11no1lon displayed is believed to be occur ate but Is not guorontccd and should be Independently verified No warranties or rcprcscntotlons ore made of ony kind. ~ (YQ The MLS mark ond ossoc1otcd logos 1dentiry professional services rendered by REALTOR! members or CREA to effect the purchdsc, sole and lease of rcol cstotc os port or o coopcrotlvc selling system / 1472-SEA WAY-DRIVE-PA