Section 57 Notice on Title – 12 Vickery Road Staff Report

Section 57 Notice on Title – 12 Vickery Road

RECOMMENDATION:

That pursuant to section 57 of the Community Charter, SBC 2003, c. 26, Council passes a resolution for the filing of a notice with the Land Title Office against land 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”) for failure 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”).

ALTERNATIVE OPTION (Not recommended):

That Council does not proceed with filing a section 57 Community Charter notice on the title of 12 Vickery Road.

PURPOSE:

To inform Council of a residential property with non-permitted construction in contravention of the British Columbia Building Code (BCBC) and Building Bylaw and to request Council to pass a resolution directing staff to file a notice against the title of the Property under section 57 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.

Permit History

On October 4, 2019, the Town of View Royal (TOVR) issued an approved building permit (BP#2485) to John and Anna Becker for the construction of a single-family dwelling at 12 Vickery Road. The permit was renewed annually in October 2020, 2021, 2022, and 2023, with no further renewals allowed under the Building Bylaw. The current building permit expired on October 4, 2024. A plumbing permit was issued in May 2021, which expired in May 2022 and was not renewed.

The single-family dwelling design required a structural engineer, as certain aspects fell outside the scope of the BCBC. The owners engaged buepoint consulting ltd, who provided engineered plans with the building permit application. Inspections were conducted at the required stages by both the Engineer of Record (EOR) and TOVR up to framing of the building. Town records show no framing inspections were conducted or approved by the TOVR. The EOR performed three preliminary framing inspections, none of which passed due to a list of deficiencies needing correction by the owner-contractor. A full framing inspection by the EOR was also not approved, as deficiencies remained unresolved. As a result, all further inspection requests to the TOVR were denied, as the project could not progress without both the EOR and TOVR approvals for framing.

Last December (2023), the owners engaged with the Engineers and Geoscientists of British Columbia (EGBC) and filed an investigation into their EOR. During the investigation, the EOR is suspended from all work on the project until such time as the investigation concludes. As of today, the Town has not received EGBC’s investigation conclusion.

The Town issued a Stop Work Order (SWO) on April 15, 2024, after the owner continued work on the project despite unresolved issues. The unapproved framing, which had multiple deficiencies, has now been covered, preventing further inspections.

The single-family dwelling is now nearly complete but lacks the signed field reviews from the EOR and professional plan certification which TOVR:

• relies upon as support that the design and plans to which the letters of assurance relate comply with the Building Code and other applicable enactments relating to safety [per sections 10.5 and 14.1 (and see sections 10.1, 10.3, 11.20 and 14.7, 14.10 and 18.5 of the Building Bylaw]; and
• requires prior to the issuance of an occupancy permit (per sections 10.1, 18.1, 18.5 and 18.4 of the Building Bylaw).

An occupancy permit has not been issued and cannot be issued until TOVR receives all approved field reviews from the EOR, followed by a Schedule CB letter of assurance (which the EOR completes and submits after all the work has been approved by them). Additionally, section 14.8 of the Building Bylaw, and if an inspection is requested, sections 14.5 and 14.6 requires that various inspections be conducted and approval of aspects of work prior to concealing them, including framing. Only after a final inspection is requested by the owners and all required documentation is submitted, reviewed, and approved by the building inspector, can an occupancy certificate be granted.

Inspection History

• 2020-04-07 buepoint consulting ltd – Footing – Passed
• 2021-04-16 buepoint consulting ltd – Foundation Walls Inspection – Passed
• 2021-06-07 buepoint consulting ltd – Footing Inspection – Passed (Pending Photos)
• 2021-04-21 Gary Faykes (Town Building Inspector) - Footing / Foundation Inspection – Failed
• 2021-04-21 Gary Faykes (Town Building Inspector) - Water, Storm, Sewer Inspection – Failed
• 2021-04-21 Gary Faykes (Town Building Inspector) – Perimeter Drain Inspection – Passed
• 2021-05-12 Gary Faykes (Town Building Inspector) - Water, Storm, Sewer Inspection – Failed
• 2021-06-10 Gary Faykes (Town Building Inspector) - Footing / Foundation Inspection – Passed
• 2021-08-04 Gary Faykes (Town Building Inspector) - Slab Inspection – Passed
• 2022-03-08 Dave Slobodan (Town Building Inspector) - Water, Storm, Sewer Inspection – Passed
• 2022-10-31 buepoint consulting ltd - Preliminary Framing Inspection – Failed
• 2022-11-16 buepoint consulting ltd - Preliminary Framing Inspection – Failed
• 2022-11-21 buepoint consulting ltd - Preliminary Framing Inspection – Failed
• 2022-11-29 buepoint consulting ltd - Framing Inspection – Failed
• 2022-12-06 TOVR Framing inspection – No record of being performed
• 2022-12-08 TOVR Rough in plumbing inspection – No record of being performed
• 2023-03-14 buepoint consulting ltd - Framing Inspection – Failed
• 2023-06-15 Stephen Patterson / Robert Gutierrez (Town Building Inspectors) – Sheathing / Rain screen – Failed

ANALYSIS:

Section 57 of Community Charter

The owner continued to build the SFD without passing framing inspections, and the building appears to be completed on the outside. However, staff are not certain if the owners are occupying the SFD. Given the Town's repeated attempts to resolve issues at 12 Vickery Road with no cooperation from the owner, it is recommended that Council direct staff to proceed with registration of a notice against title to the property under section 57 of the Community Charter. This measure may assist in providing notice to any occupants of the SFD and potential future owners of the illegal construction and bylaw violations associated with the property.

For Council’s information, Section 57 of the Community Charter permits Council to make a resolution to file notice on the property title, if the building inspector:

57 (1) A building inspector may recommend to the council that it consider a resolution under subsection (3) if, during the course of carrying out duties, the building inspector (a) observes a condition, with respect to land or a building or other structure, that the inspector considers (i) results from the contravention of, or is in contravention of, (A) a municipal bylaw, (B) a Provincial building regulation, or (C) any other enactment that relates to the construction or safety of buildings or other structures, and (ii) that, as a result of the condition, a building or other structure is unsafe or is unlikely to be usable for its expected purpose during its normal lifetime, or (b) discovers that (i) something was done with respect to a building or other structure, or the construction of a building or other structure, that required a permit or an inspection under a bylaw, regulation or enactment referred to in paragraph (a) (i), and (ii) the permit was not obtained, or the inspection not satisfactorily completed. (…)

Remedial Action

A TOVR staff report recommending that Council initiate the remedial action process outlined in sections 72 through 80 as well as sections 17, 80 and 258 of the Community Charter, will be forthcoming. As noted above, there is some urgency to register a Section 57 Community Charter notice on title now in an effort to provide notice to occupants of the SFD and future property owners about the illegal construction and bylaw violations associated with the property.

TIME CRITICAL:

It is time critical for the Town to file a section 57 Community Charter notice on title as there is a building that is substantially completed without passing inspections and receiving final occupancy, and the building permit has expired. This action is important to undertake now to assist in providing notice to the occupants and any future owner about the illegal construction and bylaw violations associated with the property.

ATTACHMENTS:

• Attachment 1: 12 Vickery Rd Title Search
• Attachment 2: 2020 04 07 - (buepoint) Engineer footing review
• Attachment 3: 2021 04 16 - (buepoint) Foundation review
• Attachment 4: 2021 06 07 - (buepoint) Footing Review
• Attachment 5: 2022 10 31 - (buepoint) Preliminary Framing review
• Attachment 6: 2022 11 29 - (buepoint) Framing review
• Attachment 7: 2023 03 14 - (buepoint) Follow up Framing review
• Attachment 8: 2023 04 28 - Beckers to Robert Gutierrez
• Attachment 9: 2023 05 13 - Unisol Engineering 3rd Party Review - Thor Tandy
• Attachment 10: 2023 08 16 - Robert Gutierrez Report
• Attachment 11: 2023 09 01 - Kim Anema CAO to Beckers
• Attachment 12: 2024 02 28 - Insulation and vapour barrier inspection cancellation
• Attachment 13: 2024 03 01 - Beckers reply Insulation and vapour barrier inspection
• Attachment 14: 2024 04 15 - SWO Letter
• Attachment 15: 2024 04 16 - SWO Letter - Response from J. Becker
• Attachment 16: 2024 06 17 - Stephen Patterson Email to Beckers
• Attachment 17: Timeline of activity provided by the Beckers