Letter to Philip Vian Alcock and Janice Lynne Alcock Re: 14A Helmcken Road

Condition of the Property

After September 25, 2014 and notice of the posting of the Schedule "D" Notice on the front door of the Property, the Town received complaints about your Property and activities at your Property, including:

• the occupation of your Property;
• the unsightly state of your Property - garbage, furniture and belongings in the yards;
• vehicles and a motor home at your Property powered by a generator connected to the building on the Property and running for most if not all day and through the night;
• gas fumes;
• numerous people coming and going to your Property, entering the building through an unlocked door, and people trespassing on to neighbour's property/yards;
• a young woman in the back yard of your Property who appeared in medical distress and collapsed pulling a modified bicycle with gas engine over her head. There was gasoline leaking onto her and she was near a running generator with numerous open gasoline cans around her as well as numerous batteries.

After receiving numerous complaints about your Property, on October 21, 2014 I drove down Helmcken Road near your Property and was confronted by a female, who I believe was Natasha Jeen Day, and who was obviously under the influence of drugs. When I stated that I would return to the Property tomorrow, the female stated "don't worry, we haven't burned it down yet, but we will".

The inspection of the Property on September 25, 2014 and activities at and complaints received about your Property after September 25, 2014 indicates that the Property:

• fails to conform to the standards prescribed by the Town's Property Maintenance Bylaw No. 512, 2013 ("Property Maintenance Bylaw");
• is in contravention of the Safe Premises Bylaw; and
• may also be in contravention of the Town's Zoning Bylaw No. 900, 2014 ("Zoning Bylaw") and Land Use Bylaw, 1990, No. 35 ("Land Use Bylaw").

Resources Expended, Arrears in Property Taxes and Special Investigation Fee

There have also been at least 116 telephone calls to the police about your Property and activities at your Property.

Many hours of the Town's staff have been diverted to: receiving, reviewing and responding to complaints about your Property, the special inspection of your Property on September 25, 2014, and attempts to seek compliance with the Town's bylaws.

You have failed, refused or neglected to pay:

• property taxes for your Property as of January 15, 2015 in the amount of $3,109.71 plus interest for 2013 and $4,824.86 plus interest for 2014;
• the special inspection fee of $1,500 the invoice for which the Town sent to you on October 10, 2014.

Inspection of Property

Based on the complaints the Town has received, the Town's inspection of your Property on September 25, 2014, my observations on September 25, 2014 of the interior of the building on your Property, the complaints received after September 25, 2014 about and my observations on October 21, 2014 of the condition of the exterior of the building and the state of your Property, I have reasonable grounds to believe that it is necessary to enter on and into the Property (including the building on your Property) and inspect your Property under section 16(5)(d) of the Community Charter, SBC 2003, c. 26.

The Town will be inspecting your Property on Wednesday, January 21, 2015 at 10:00 a.m. for the following purposes under section 16(6) of the Community Charter:

• To inspect and determine whether all regulations, prohibitions and requirements are being met under the Town's Safe Premises Bylaw, Property Maintenance Bylaw, Zoning Bylaw and Land Use Bylaw, and the Community Charter; and
• To take municipal action at your expense in accordance with section 17 of the Community Charter to fulfill, if possible, some of the requirements in the Safe Premises Bylaw and/or the Property Maintenance Bylaw and recover the costs incurred therefrom from you.

The Town's Building Official and Bylaw Inspector, an electrician and a plumber, Westshore RCMP, if necessary, and I will be present at the inspection on January 21, 2015.

Notice to Tenants of and Occupants at Property

Any tenants residing at the Property should be advised of their rights in accordance with the Residential Tenancy Act; and you are solely responsible to do that.

Attached to this letter is a notice to the tenants and occupants of the Property of the time and date of the inspection of your Property. The letter will be posted on the front door of your Property since the Town does not have contact information for the tenants and occupants.

Should you have any questions or concerns relating to the inspection, please contact me in writing and preferably by e-mail at phurst@viewroyal.ca with a copy of the e-mail to Dana Goodfellow, counsel for the Town, at dana@phoenixlaw.ca.

Yours truly,

Paul M. Hurst, M.B. Director of Protective Services

cc: Roger D. Batchelor, (via e-mail – roger@batchelorstammlaw.com) Dana J. Goodfellow, (via e-mail – dana@phoenixlaw.ca) Notice to Tenants and Occupants of the Property (by posting notice/attached letter to door)