Section 57 Notice on Title - 12 Vickery Road Presentation

PURPOSE:

• To inform Council of a residential property with non-permitted construction in contravention of the British Columbia Building Code (BCBC) and Building Bylaw.
• 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:

• 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 zoned R-1B, Detached Residential (Medium Lot), which permits a single-family dwelling with a secondary suite and/or garden suite.

Permit History:

• October 4, 2019, the Town of View Royal issued an approved building permit (BP#2485) to John and Anna Becker.

• The building permit was renewed annually:

  • October 2020
  • October 2021
  • October 2022
  • October 2023
  • Expired October 4, 2024

• The plumbing permit was issued in May 2021, which expired in May 2022 and was not renewed.

• April 15, 2024, a Stop Work Order was issued as the owner continued work without the required approved field reviews from the EOR.

• November 5, 2024, an Unsafe To Occupy was issued as the single-family dwelling is now nearly complete. The building permit has expired with no further renewals allowed under the Building Bylaw.

• An Occupancy permit cannot be issued prior to receiving all approved field reviews followed by a Schedule CB Letters of Assurance from the EOR. Further to this, all required documentation from the TOVR must be submitted, reviewed, and approved.

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”).