FOLLOW-UP / FORMAL COMPLAINT: Lack of Oversight Regarding Marler Park and Northern Pond Infrastructure Failure

I am following up on my correspondence dated January 20, 2026, regarding the critical infrastructure failure and public safety hazards at the Marler Park and Northern stormwater ponds. To date, I have yet to receive any acknowledgment from the Mayor, Council, or the CRD.

I appreciated the prompt email response from the View Royal’s Engineering Department, and the opportunity to do a walk-about with your staff.

I have noticed in recent days, some minor cleanup has been started. Some caution tape has been placed along a portion of the CRD walkway alongside the damaged fence surrounding the Northern pond. However, I remain very concerned about the persistent safety risks, the degree of work required, and the need for oversight.

Direct Impact on My Property and Local Ecosystem

The Engineering Department’s failure to maintain these facilities is actively affecting my property and the surrounding environment in the following ways:

Unmitigated Runoff, Erosion, and Contamination: Both the Marler Park and Northern stormwater ponds have ceased to function according to their original engineering specifications. Consequently, during rain events, these systems produce high-velocity "flash" flows and pollutant discharge without proper filtration. This water—carrying oil, heavy metals, and chemicals from roads and properties—flows directly onto my land and into Craigflower Creek. This is causing active soil erosion and undermining the structural stability of my property, while simultaneously destroying critical downstream salmon spawning beds through toxic contamination and siltation.
Failure of Filtration Systems: The failure of the stormwater ponds, oil/grit separators, and velocity dissipator means that heavy sediment and road pollutants are no longer being intercepted.
Nuisance and Liability: The Town has a common law "Duty of Care" to manage diverted water. By allowing these engineered systems to fail, the Town is effectively using my property as an unmanaged overflow for municipal runoff while simultaneously degrading a sensitive salmon-bearing stream.

Jurisdictional Obligations and CRD Involvement

It must be noted that the northern pond is located on CRD property, and the Town of View Royal has held a statutory right of way over this parkland for the maintenance and replacement of the storm sewer since 2007. While the Town has the clear legal authority and obligation to act, the infrastructure has been left to decay. This neglect is further compounded by CRD maintenance practices. For years, crews have cleared fallen trees and debris from the park's paths only to discard the resulting "slash" directly into the stormwater pond, further obstructing the system and accelerating its failure.

This raises a question of equity: If these stormwater ponds were situated on private property and a resident allowed them to reach this level of dangerous neglect, how would View Royal and the CRD respond? In this scenario, the Town itself is acting as a non-responsive and negligent property owner. It is worth noting that in other jurisdictions, the CRD may have to utilize Sections 290 and 291 of the Local Government Act to enter property and undertake necessary work to remedy known hazards to public safety when an owner fails to act in a timely fashion. I expect the same standard of urgency and enforcement to be applied here.

Evidence of Systematic Maintenance Neglect

The 2017 Master Drainage Plan explicitly proves that the Engineering Department has been provided with clear maintenance guidance for years but has failed to implement it. Section 6.5 “Maintenance Program” of that document recommends that the Town inspect manhole sumps, remove accumulated sediments, and inspect detention facilities on a scheduled interval.

The report specifically warns that "the detention facility at Stoneridge Drive has created flooding problems due to sediment accumulation in the past" and recommends an annual inspection and dredging when required. Despite these documented historical failures and expert recommendations, my recent inspection of the stormwater facilities at Atkins Road reveals a systemic lack of care; the infrastructure is currently in a state of failure, allowing unmanaged discharge to spill directly into Price Bay.

The Need for Elected Oversight

The Engineering Department is the very entity responsible for the decades of neglect I have documented in my previous letter. It is a fundamental conflict of interest to allow a department to self-regulate when the evidence—non-maintained stormwater ponds, separators, breached safety fences, and mature trees growing on top of concrete structures and pipes—points to a multi-decade failure in departmental stewardship.

As our elected representatives, Council is tasked with the protection of this community and the responsible management of taxpayer funded assets. When municipal infrastructure reaches a state of "total abandonment," it is no longer merely a technical maintenance issue; it is a governance failure that requires your direct intervention.

Formal Request for Accountability

I am requesting that Mayor and Council provide a formal response addressing:

Independent Assessment: An assurance that Council is reviewing this matter to ensure a neutral assessment of the neglect.
Property & Habitat Protection: What immediate steps the Town will take to stop the unmitigated runoff and pollutant discharge currently affecting my land and the salmon spawning beds.
Restoration Timeline: A confirmed schedule for dredging the ponds and restoring functional detention and filtration.
Emergency Fence Repair: Immediate inspection and repair of all fencing breaches to ensure public safety.

I look forward to a prompt response from our elected officials regarding their plan to rectify this lapse in oversight and protect my property and our local environment from further damage.

Sincerely,

Jason Jansen