Presentation from J. Becker: Reconsideration of Remedial Action for 12 Vickery Road
A presentation by the property owner, John Becker, contesting the council's remedial action decision and detailing past construction history and disputes with the Engineer of Record.
Reconsideration of Remedial Action for 12 Vickery Road
JOHN BECKER
Agenda
- Previous Builds
- March 4, 2025 Council Meeting
- Reconsideration
- Jack Cosier
Previous Builds
BUILD AND OCCUPANCY
34 Vickery Road
Before Building Permit
After Occupancy
24 Vickery Road
Before Building Permit
After Occupancy
March 4, 2025 Council Meeting
Analysis
- Numerous violations of the BC Building Code (BCBC) and the Town of View Royals Building Bylaw No. 1111, 2023.
- Structural deficiencies identified during multiple failed inspections, including framing, sheathing, and rainscreen.
- Owner has repeatedly failed to address deficiencies noted by the Engineer of Record and third-party reviews.
- Stop Work Order (SWO) removed, “Unsafe to Occupy” notice ignored, and unauthorized construction continued by the owner.
Analysis
- Unsafe building conditions pose a potential hazard to occupants and the public.
- Owner’s unwillingness to resolve deficiencies despite multiple opportunities and reminders by Engineer of Record and staff.
- The Town is obligated to enforce compliance with Town bylaws and uphold public safety and building standards in accordance with the BCBC.
Catch-22 – Regarding Deficiencies
A Stop Work Order (SWO) will remain in place until the approved field reviews are provided by the RPR for framing. Only the Building Inspector can remove the SWO.
The building permit for 12 Vickery Rd will expire on October 4th, 2024, without the opportunity for renewal. If the project has not been completed in that time, a new BP application will be required, and the remainder of the work must comply with the 2024 BC Building Code.
As noted above and communicated several times before, please provide an approved field report by your RPR for framing. Once the Town receives this documentation, the Building Inspector can carry out a framing inspection. No further correspondence on this matter will be provided by staff.
Severity of Risk - HIGH
Major – Building Collapse
Severity of Risk - LOW
Minor Risk
Do you see windows?
Inability to Meet Town Council’s Resolution
EOR Not Fired
On Mon, Mar 27, 2023 at 1:33 PM John Becker john@ccpurchasing.com wrote:
This is very unfortunate, effective immediately I am suspecting my contract with you pending further review. To be clear you are not being fired, I am in consultation to determine if you are legally liable for damages to my project.
John
EOR Did Not Quit
From: Mark Buesink mark@bluepoint.com Sent: March 28, 2023 8:28 AM To: anna.becker@ccpurchasing.com Subject: Re: specialized site meeting
To be clear, this isn't my decision. I was merely fulfilling my obligation to notify the building department that I had been suspended (which is effectively a temporary termination). I used the same language you used (except I said suspended not suspected as you had clarified). I don't know what happens next but I am required to notify them. As far as I can tell, if you are suspending my involvement, I cannot do my job and I must notify the authority having jurisdiction as soon as possible.
-- Mark Buesink, P.Eng, P.E. structural engineer bluepoint consulting ltd
On Mon, Mar 27, 2023 at 5:58 PM anna.becker@ccpurchasing.com wrote:
Hello Mark,
As noted below, John stated "This is very unfortunate, effective immediately I am suspecting my contract with you pending further review. To be clear you are not being fired, I am in consultation to determine if you are legally liable for damages to my project."
Given your decision to quit by notifying the Building Department for the Town of View Royal, we will be engaging the services of another engineer to complete the Project and confirm the building is structural.
Anna
Reconsideration of Declaration and Resolutions
Reconsideration of Council’s March 4, 2025, Declaration and Resolutions
THAT the remedial action process as outlined in sections 72 through 80 as well as sections 17 and 258 of the Community Charter, SBC 2003, c. 26 (“Community Charter”) be initiated and that such remedial action process include the following declarations and resolutions:
- 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”);
- The owner, John Becker, has 60 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”);
- If the Town of View Royal (“Town” or “TOVR”) receives a complete Building Permit Application for the Building within 60 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
- 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.
Jack Cosier
Jack Cosier
Write Up by Mindi
Town’s Response to Relevance of Jack’s will
The Town strongly suggests again that you retain legal advice in two capacities: as the registered owner of the Property; and, as the Executor of the Estate of John Henry Cosier, also known, as Jack Cosier, deceased.
As Executor for J. Cosier, ownership of 12 Vickery Road devolves to you and it is your responsibility to deal with the distribution of the Estate and to the beneficiaries of the estate as set out in sections 162, 142(2), 149 and 155 of the Wills, Estates and Succession Act. If not already done so, the Town suggests that you consider seeking legal advice whether View Royal Council’s passing of a resolution/motion ordering remedial action requirements on you as the owner of 12 Vickery Road affects your responsibilities as Executor of the Estate of J. Cosier.
Thank you
