Attachment 7: Notice of Inspection Letter

RE: Notice of Inspection, Bylaw Contraventions at 21 Eaton Avenue, Victoria, BC V8V 5C9, legal description: Lot E Section 9 Esquimalt District Plan 4018, PID: 006-169-881 (the "Property")

I write in follow up to the Town of View Royal (“Town”)'s then Director of Development Service's July 22, 2022, letter.

The Town has not yet received:

1. a revised building permit application with supporting plans for restoration of the converted crawl space/unlawful secondary suite within the residence on the Property; and

2. a building permit for the retaining walls with supporting plans, including the geotechnical report. In this regard, we remind you that section 23.1 of the Town of View Royal Building Bylaw No. 786, 2010 ("Building Bylaw") requires a registered professional's supervision of the design and construction of retaining walls greater than 1.5 metres and submission to the Town's Building Official of sealed copies of the registered professional's design plan and field review reports for retaining walls greater than 1.5 metres in height.

In view of the length of time that has passed since:

• the Town’s receipt of Farhill Engineering Ltd.’s February 7, 2022, report; and
• the multiple contraventions of the Building Bylaw¹, Zoning Bylaw, No. 900, 2014 ("Zoning Bylaw")², and Safe Premises Bylaw No. 652, 2007 ("Safe Premises Bylaw")³, as set out in the Town’s letters dated October 14, 2021, and July 22, 2022, and legal counsel for the Town’s letters dated November 18, 2021, December 29, 2021, May 11, 2022 and July 14, 2022 letters,

I have reasonable grounds to believe that it is necessary to enter on and into the Property including the dwelling on your property (“Residence”) to inspect the Property and Residence under sections 16(5)(b), 16(5)(d), 16(5)(e), 16(6)(a) and 16(6)(b) of the Community Charter, section 7.2.1 of the Building Bylaw, section 1.3.1 of the Zoning Bylaw and section 6.1 of the Safe Premises Bylaw.

Time and Date of Inspection

The Town’s Building Inspector, Robert Gutierrez, Bylaw Enforcement Officer, Brad Cameron, a member of the West Shore RCMP if necessary, and I will be inspecting the Property and Residence on June 26, 2023, between 11am and 12pm.

Notice to Tenants and Occupants

Any tenants residing within the Residence should be advised of the date and time of the inspection and their rights, if any, under the Residential Tenancy Act; and you are solely responsible to do that. A copy of the attached letter will be posted to the entrance and exit doors of the Residence.

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¹ See for example, sections 5.1, 6.1, 6.2, 6.5, 8.1.1, 8.1.5, 8.4, 14.5, 8.1.1, 8.1.5, 20.1, 20.2, 21.1, 21.5, 22.1 and 23.1 of the Building Bylaw. ² See for example, sections 3.1, 3.2, 3.3.1, 4.1.9 -one secondary suite, 3.4.1, 3.4.3 -floor space and density, 8.3.4- density provisions, and section 4.8.9, 4.8.10 and 4.8.12 (Retaining wall requirements) of the Zoning Bylaw and associated definitions referenced in those sections and defined within section 2.2 of the Zoning Bylaw. ³ See for example, sections 4.5 and section 3.1 (the definition of “unauthorized alteration” of the Safe Premises Bylaw.

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The intent of the inspection is to be as unobtrusive as possible. The focus of the inspections will be whether there are contraventions of the Building Bylaw, Building Code, Zoning Bylaw, and Safe Premises Bylaw and if there are significant health and safety risks to the occupants of the Residence and Property.

Closing

Should you have any questions or concerns relating to the inspection, please contact me at 250-812-7682 or preferably by email at spatterson@viewroyal.ca;

Yours truly,

Steve Patterson, Building Inspector

cc: Leanne Taylor, Director of Development Services, Town of View Royal

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To All Tenants and Occupants

Subject: Notice of Inspection, Bylaw Contraventions at 21 Eaton Avenue, Victoria, BC V8V 5C9, legal description: Lot E Section 9 Esquimalt District Plan 4018, PID: 006-169-881 (the "Property")

The Town of View Royal’s Building Official, Robert Gutierrez, Bylaw Enforcement Officer, Brad Cameron, a member of the West Shore RCMP, if necessary, and I will be inspecting the Property and the dwelling on the Property on June 26, 2023, between 11am and 12pm.

If you require particulars of the inspection and the reasons for the inspection of the Property and the dwelling on the Property, please contact the owner of the Property or the undersigned at 250-708-2259 or by email at spatterson@viewroyal.ca.

Yours truly,

Steve Patterson, Building Inspector