12 VICKERY ROAD - REMEDIAL ACTION (COUNCIL REPORT)

12 VICKERY ROAD - REMEDIAL ACTION

RECOMMENDATION:

THAT COUNCIL initiate the remedial action process outlined in sections 72 through 80 as well as sections 17 and 258 of the Community Charter, SBC 2003, c. 26 (“Community Charter”) and make/pass the following declarations and resolutions:

1. The building (“Building”) on the property with a civic address of 12 Vickery Road, Victoria, BC and a legal description of LOT B SECTION 91 ESQUIMALT DISTRICT PLAN 18407 EXCEPT PART IN PLAN 3768 RW, PID: 003-762-491 (the “Property”) is in or creates an unsafe condition in that the building fails to comply with sections 5.1, 5.2, 5.5, 7.5, 8.2, 8.12, 8.15, 11.18, 14.8, 14.10(d)(ii), 24.3, 24.4 and 25.2 of the Town of View Royal’s Building Bylaw No. 1111, 2023 (“Building Bylaw”) and the British Columbia Building Code (“BCBC”);

2. The owner, John Becker, has 30 days following receipt of Council’s motion to submit a complete new building permit application for the Building with the required documents listed within the attached building permit application and plumbing permit application (collectively, the “Building Permit Application”);

3. If the Town of View Royal (“Town” or “TOVR”) receives a complete Building Permit Application for the Building within 30 days following receipt of Council’s motion, the owner has 180 days from the date of receipt of building permit issuance to: correct all deficiencies listed by the Engineer of Record; provide Town staff with the approved field reports of the Engineer of Record and Schedule C-B letter of assurance; and arrange for and pass Town inspections; and

4. Town staff must report back to Council about issuance of an occupancy permit following the 180-day deadline imposed on the owner to bring their structure into compliance with the BC Building Code and the Town’s Building Bylaw.

ALTERNATIVE OPTIONS:

Option 1 (Demolish existing building):

THAT COUNCIL order the owner, at the owner’s expense, to pull down and demolish the Building, remove all debris from the Property and restore the original gradient of the site in accordance with section 17 of the Building Bylaw and thereafter construct/install a chain-link fence around the perimeter of the Property within 60 days of Council’s motion being served in accordance with section 77 of the Community Charter and in accordance with s.17 of Building Bylaw and sections 72 through 80, 17, and 258 of the Community Charter;

AND THAT in the event that the owner fails to pull down and demolish the Building, remove all debris from the Property and restore the original gradient of the site in accordance with section 17 of the Building Bylaw and thereafter construct/install a chain-link fence around the perimeter of the Property within the ordered specified time, Council also orders and authorizes the Town’s Building Inspector or his designate, to pull down and demolish the Building, remove all demolition debris from the site and restore the original gradient of the site in accordance with section 17 of the Building Bylaw and thereafter construct/install a chain-link fence around the perimeter of the Property in accordance with section 17 of the Community Charter and at the owner’s expense;

AND FURTHER THAT if the Town fulfills the requirements of the order of the Council, Council further orders the costs that the Town incurs in so doing will be at the expense of the owner, and in the event of the owner’s default of paying the costs by December 31 in the year in which the Town fulfills the requirements of the order of Council, the costs will be added to the owner’s property taxes and deemed to be taxes in arrears, in accordance with sections 17 and 258 of the Community Charter.

Option 2 (Not recommended):

THAT COUNCIL order the owner, at the owner’s expense, to pull down and demolish the Building, remove all debris from the Property and restore the original gradient of the site in accordance with section 17 of the Building Bylaw and thereafter construct/install a chain-link fence around the perimeter of the Property within 60 days of Council’s motion being served in accordance with section 77 of the Community Charter and in accordance with s.17 of Building Bylaw and sections 72 through 80, 17, and 258 of the Community Charter; and

AND THAT if the owner fails to comply with Council’s order to demolish the Building, remove all demolition debris and restore the original gradients of the site, then the Town pursue a court injunction to carry out the work and all costs incurred by the Town to carry out the work be recovered by adding the costs to the owner’s property taxes and be deemed taxes in arrears, in accordance with sections 17 and 258 of the Community Charter.

Option 3 (Do Nothing - Not Recommended)

THAT COUNCIL does not initiate the remedial action process outlined in sections 72 through 80 and sections 17 and 258 of the Community Charter.

If Council chooses not to proceed with staff’s recommendation, or Options 1 or 2 above to advance a remedial action process, then the Town will only have the existing Section 57 notice on title, which serves solely as a warning, notifying future property owners of non-compliance. It will not absolve the Town of liability. In the event of an incident resulting from the unsafe condition, the Town may still be held liable for failing to take the necessary enforcement action.

PURPOSE:

The purpose of this report is to inform Council of a residential property with non-permitted construction in contravention of the BC Building Code and Building Bylaw and request Council to impose the remedial action requirements in relation to sections 72 through 80 and sections 17 and 258 of the Community Charter.

BACKGROUND:

The Property located at 12 Vickery Road is a two-storey single-family dwelling (“SFD”). The subject Property is currently owned by John D Becker (06/03/2017 – present). The Property is currently zoned R-1B, Detached Residential (Medium Lot), which permits a single-family dwelling with a secondary suite and/or garden suite.

On November 19, 2024, Council passed a motion to file a Community Charter section 57 notice on the property title. The notice was filed with the Land Title & Survey Authority of BC on November 26, 2024. On December 11, 2024, the Town received confirmation by way of a Title Search Print that the s.57 notice was registered against title.

Correspondence History

• March 27, 2023: The owner suspends the Engineer of Record (EOR) (“buepoint consulting ltd”) pending further review.
  • March 27, 2023: The EOR forwards correspondence to TOVR stipulating all the variations and changes to the original building plans made by the owner, many of which are not code compliant or consistent with industry standard. (Attachment #1)
• March 31, 2023: The owner informs TOVR that they were able to have an engineer from UNISOL Engineering Ltd come by the project in hopes of considering taking over the project as they believe their EOR had quit.
  • March 31, 2023: UNISOL Engineering Ltd replies to the owner after assessing the project. UNISOL Engineering Ltd confirmed that it is not practicable to be involved in the project and lists the reasons why. UNISOL recommends working with the EOR and possibly bringing in a mediator. (Attachment #2)
• April 26, 2023: Former TOVR Building Inspector contacts EOR and asks them to provide a third-party review of deficiency list. The former TOVR Building inspector informs the owner that a request for a third-party review was asked for. (Attachment #3)
• April 28, 2023: The owner responds to the former TOVR Building Inspector’s email dated April 26, 2023, asking for a third-party review and mentions that the list of deficiencies from the EOR framing inspection have been completed.
  • May 1, 2023: Former TOVR Building Inspector informs the owner that the deficiency list must be resolved prior to having a third-party review. EGBC called the former TOVR Building Inspector and recommended an Engineer from UNISOL Engineering Ltd provide a third-party review. (Attachment #4)
• June 16, 2023: UNISOL Engineering Ltd submits third party report to TOVR. (Attachment #5). Refer to third-party review provided by UNISOL Engineering Ltd dated May 13, 2023. (Attachment #6)
• July 13, 2023: TOVR Building Inspector notifies the owner that TOVR cannot perform any further inspections until all deficiencies listed under EOR and third-party reports have been completed.
  • July 23, 2023: The owner sends staff a response. (Attachment #7)
• August 16, 2023: Former TOVR Building Inspector submits report to TOVR as per staff’s request. Please refer to report dated August 16, 2023. (Attachment #8)
• February 28, 2024: TOVR notifies the owner that the request for insulation and vapour barrier has been cancelled as no previous inspections have been passed by EOR or TOVR Building Inspector. (Attachment #9)
• March 1, 2024: The owner responds to staff email dated February 28, 2024. (Attachment #9)
• April 15, 2024: TOVR places a Stop Work Order (SWO) on the project as work was still ongoing. (Attachment #10)
• November 5, 2024: Building Inspector accompanied by Town’s Bylaw Officer to place Unsafe to Occupy on the structure. The owner has removed the SWO, which is in contravention of the Town’s Building Bylaw. It is noted that the SWO that was issued has been removed. (Attachment #11)
• November 6, 2024: TOVR notifies the owner that a Community Charter section 57 is being sought through Council at the regular meeting of Council on November 19, 2024. (Attachment #12)
• November 19, 2024: Council made a resolution to file a Community Charter section 57 notice on the property title. (Attachment #13, #14)
• November 24, 2024: The owner emails the Building Inspector asking for Unsafe to Occupy to be removed from door.
  • November 25, 2024: Building Inspector responds saying it will remain in place for public awareness. (Attachment #15)

Permit and Inspection History

ANALYSIS:

The owner of 12 Vickery Road continued to build the structure without passing framing, sheathing/rainscreen and insulation/vapour barrier inspections and the structure appears to be completed on the outside. The Town has made repeated attempts to resolve issues at 12 Vickery Road with no cooperation from the owner. Therefore, it is recommended that Council initiate the remedial action process outlined in sections 72 through 80 as well as sections 17 and 258 of the Community Charter (Attachment 31) to address hazardous conditions, recover costs, and maintain accountability, for the following reasons:

• Numerous violations of the BC Building Code (BCBC)¹, including sections 9.17.4.2, 9.23.2.3, 9.23.5, 9.23.5.2, 9.23.11.3, 9.23.11.4, 9.23.8, 9.23.8.3, 9.23.9.8, 9.23.10.4, 9.23.10.6, 9.23.15.3, 9.23.15.4 and 9.23.17 of Division B of Part 9 and sections 5.1, 5.2, 5.5, 7.5, 8.2, 8.12, 8.15, 11.18, 14.8, 14.10(d)(ii), 24.3, 24.4 and 25.2 of the Town of View Royal Building Bylaw No. 1111, 2023
• Structural deficiencies identified during multiple failed inspections, including framing, sheathing, and rainscreen.
• Owner and his wife, Anna Becker, have repeatedly failed to address deficiencies noted by the Engineer of Record (EOR) and third-party reviews.
• Stop Work Order (SWO) removed, “Unsafe to Occupy” notice ignored, and unauthorized construction continued by the owner.
• Unsafe building conditions pose a potential hazard to occupants and the public.
• Owner’s unwillingness to resolve deficiencies despite multiple opportunities and reminders by EOR and staff.
• The Town is obligated to enforce compliance with Town bylaws and uphold public safety and building standards in accordance with the BCBC.

Under section 72(2)(b) of the Community Charter, Council may require the owner to proceed with the following remedial action requirements:

b) may require the person to (i) remove or demolish the matter or thing, (ii) fill it in, cover it over or alter it, (iii) bring it up to a standard specified by bylaw, or (iv) otherwise deal with it in accordance with the directions of council or a person authorized by council.

It is recommended that Council proceed with the requirement in Community Charter section 72(2)(b)(iii), which requires the owner to bring the Building up to a standard specified by bylaw. Proceeding with this option will give the owner another opportunity to work with Town staff to bring the Building into compliance with Town bylaws and BCBC. The sought resolutions are as follows:

• Council to give the owner a maximum of 30 days following receipt of Council’s motion to submit a new Building Permit Application.
• Once the Building Permit Application has been received, reviewed, and approved by staff, the owner will have 180 days from the date of Building Permit issuance to correct all deficiencies listed by the Engineer of Record, provide staff with the approved field reports of the Engineer of Record and Schedule C-B letter of assurance and arrange for and pass the necessary inspections to obtain an occupancy permit.
• Following the 180-day deadline, Town staff would report back to Council about the issuance of the occupancy permit.

Process of Remedial Action

Notification

Under section 77 of the Community Charter the first step in the remedial action process is to serve the property owner with a notice:

• stating the action to be taken by a specified date,
• advising that the property owner has the right to request a reconsideration by Council, and
• advising that the municipality may act in accordance with section 17 at the expense of the persons subject to the requirements if the remedial action is not carried out.

Reconsideration by Council

Under section 78 of the Community Charter, persons who have received a Notice under section 77 may request that Council reconsider the remedial action requirement. If Council receives such a notice, it must provide the persons with an opportunity to make representations to Council. After providing the persons the opportunity to make representations, Council may confirm, amend, or cancel the remedial action requirement.

Recovery of Municipal Costs

The recommendation would not result in the Town incurring costs associated with the proposed remedial action as the requirement is to bring the Building into compliance with the BCBC and Town bylaws. However, if Council chooses to seek the owner to demolish the Building, remove all demolition debris from the site and restore the original gradient of the site, and thereafter construct/install a chain-link fence around the perimeter of the Property and the remedial action requirements have not been satisfied by the date specified, then sections 17 and 258 of the Community Charter give the Town the authority to recover municipal costs incurred in fulfilling the remedial action requirements imposed on the owner. If the owner defaults in paying such costs by December 31 in the year in which the Town fulfills the requirements of the order of Council, the Town can add the costs to the owner’s property taxes which are deemed to be taxes in arrears.

Community Impact:

Improved Public Safety:

• Elimination of unsafe building conditions reduces risks of injury or property damage.

Prevention of Hazards:

• Addressing non-compliant construction prevents potential structural failures or other safety hazards.

Increased Compliance:

• Reinforces adherence to safety standards, promoting a safer living environment for occupants.

Public Confidence:

• Demonstrates the Town’s commitment to safeguarding residents and upholding safety regulations.

Financial Implication:

There have been some upfront legal costs incurred by the Town for the review of staff reports and notices to ensure they comply with legislation.

If the Town undertakes the remedial action requirements directly (i.e., demolishes the structure and remediates the site) then the Town can recover costs through property taxes, in accordance with the Community Charter.

Inter-governmental Relations Impact:

N/A

TIME CRITICAL:

The issues at 12 Vickery Road present an immediate and ongoing risk to public safety and the integrity of the property. The building is deemed unsafe due to significant non-compliance with the Town’s Building Bylaw and BCBC, and it is time critical that the Town undertake remedial action.

CONCURRENCE:

REVIEWED BY:

ATTACHMENTS:

1. Email dated March 27, 2023
2. Email dated April 14, 2023
3. Email dated April 25, 2023
4. Email dated May 1, 2023
5. Unisol third-party review dated May 23, 2023
6. Email dated June 16, 2023
7. Email dated July 24, 2023
8. Robert Gutierrez report dated August 16, 2023
9. Email dated February 29, 2024
10. Stop Work Order dated April 15, 2023
11. Unsafe to Occupy dated November 11, 2024
12. Notice of Section 57 dated November 5, 2024
13. Email dated November 26, 2024
14. Email dated December 17, 2024
15. Email dated November 25, 2024
16. Footing review prepared by buepoint dated April 7, 2020
17. Foundation review prepared by buepoint dated April 16, 2021
18. Town of View Royal (TOVR) Water, Storm and Sewer Inspection dated April 21, 2021
19. TOVR Footing inspection dated April 21, 2021
20. TOVR Foundation inspection dated April 21, 2021
21. TOVR Water, storm and sewer inspection dated May 12, 2021
22. TOVR Footing inspection dated June 10, 2021
23. TOVR Foundation inspection dated June 10, 2021
24. TOVR Slab inspection dated August 4, 2021
25. TOVR Water, storm and sewer inspection dated March 8, 2022
26. Preliminary Framing review prepared by buepoint dated October 10, 2022
27. TOVR Framing and plumbing inspection dated December 6, 2022
28. Follow up Framing review prepared by buepoint dated March 3, 2023
29. TOVR Sheathing, rainscreen inspection dated June 19, 2023
30. Email dated February 28, 2024
31. Relevant sections of the Community Charter
32. Part 9 Plumbing permit application
33. Part 9 New Construction building permit application
34. Title Search
35. Charge CA5854902
36. 2025 BC Assessment
37. 12 Vickery BP Application
38. Approved Building Plans

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¹ Construction of the Building must comply with the 2024 Building Code which came into force on March 8, 2024 under Ministerial Order No. BA 2023 10