Legal Letter from Phoenix Law Corporation re: 14A Helmcken Road (Attachment 8)
Legal correspondence notifying the property owners of their failure to meet the hazardous conditions removal deadline and the commencement of enforcement proceedings.
December 25, 2014
Philip Vian Alcock and Janice Lynne Alcock 1641 Haultain Street Victoria, BC V8R 2K8
Dear Mr. and Mrs. Alcock:
Re: 14A Helmcken Road, Schedule "D" Notice, Schedule "B" Hazardous Conditions Requirements, Contraventions of Town of View Royal’s Bylaws
I represent the Town of View Royal.
I understand you own the property located at 14A Helmcken Road, Victoria, BC (the "Property").
On September 25, 2014 Westshore RCMP, BC Hydro or its agent, and Town of View Royal staff, including the Fire Chief, Building Official and a Bylaw Enforcement Officer, attended at your Property and found an electrical bypass and a marijuana grow operation within your Property.
On September 25, 2014 you received a copy of the Schedule "B" Hazardous Conditions List that required you to perform and provide certifications that the hazardous conditions at the Property have been removed in accordance with the Town of View Royal's Safe Premises Bylaw No. 652, 2007. The deadline for removal of the hazardous conditions at the Property was December 24, 2014.
On September 25, 2014 you were also notified that pursuant to the Safe Premises Bylaw a Schedule "D" Notice was posted on the front door of the Property restricting any entry or occupancy of the Property until such time that the requirements set out in the Schedule "B" Hazardous Conditions List were completed.
After September 25, 2014 and notwithstanding sections 4.1, 5.1 and 6.3(c) of the Safe Premises Bylaw, you allowed, permitted, acquiesced or were willfully blind to the fact that people occupied the Property notwithstanding that hazardous conditions existed at the Property.
You have failed, refused or neglected to complete the removal of the hazardous conditions at the Property by December 24, 2014.
The Town of View Royal has instructed me to commence proceedings against you to enforce its Bylaws.
Please direct to my attention any further communication about completion of the removal of the hazardous conditions at the Property and compliance with the Town of View Royal's Bylaws.
If you have retained or retain legal counsel, please provide me with the name and contact information of your legal counsel.
Yours truly,
PHOENIX LAW CORPORATION Per:
Dana J. Goodfellow
cc: Town of View Royal (via e-mail)
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