ROCKY VIEW COUNTY ENFORCEMENT APPEAL COMMITTEE Decision of the Committee

Similar documents
THE CITY OF SPRUCE GROVE BYLAW C NUISANCES, UNSIGHTLY AND UNTIDY PROPERTY BYLAW

CITY OF GRANDE PRAIRIE OFFICE CONSOLIDATION BYLAW C-1293

Planning and Intermunicipal Appeals

Province of Alberta RAILWAY (ALBERTA) ACT RAILWAY REGULATION. Alberta Regulation 177/2002

BYLAW NUMBER 33M2016

TOWN OF ROCKY MOUNTAIN HOUSE BYLAW 12/05V

SUBDIVISION AND DEVELOPMENT APPEAL BOARD AGENDA

CHAPTER BUILDING PERMITS

VILLAGE OF ELNORA THE NUISANCE ABATEMENT BYLAW BYLAW NUMBER

THE TOWNSHIP OF WILMOT BY-LAW NO

ADMINISTRATIVE ITEMS REGULATION

Guide to the Calgary Subdivision and Development Appeal Board. Jointly created by

BYLAW A BYLAW OF STRATHCONA COUNTY TO REGULATE AND CONTROL SURFACE DRAINAGE AND SITE GRADING WITHIN STRATHCONA COUNTY.

VILLAGE OF RYCROFT BYLAW #93-09

WHEREAS the Legislature of the Province of Alberta has passed the Safety Codes Act, Chapter S , Revised Statutes of Alberta, as amended;

CHAPTER 6 BUILDINGS ARTICLE I - UNSAFE BUILDINGS

THE CORPORATION OF THE TOWN OF OAKVILLE BY-LAW NUMBER

BUILDING PERMIT ORDINANCE TOWN OF WOODSTOCK

CITY COUNCIL AGENDA REPORT

CONSTRUCTION OF AN ADDITION TO AN EXISTING DETACHED DWELLING (COVERED DECK)

PROJET DE LOI. The Building and Development Control (Alderney) Law, 2002 * Consolidated text. States of Alderney 1

THE CORPORATION OF THE CITY OF MISSISSAUGA HERITAGE PERMITS BY-LAW (Amended by 3-19)

SUBDIVISION AND DEVELOPMENT APPEAL BOARD AGENDA

CALGARY INTERNATIONAL AIRPORT VICINITY PROTECTION AREA REGULATION

CORPORATION OF THE MUNICIPALITY OF CHATHAM-KENT. By-law

HANDOUT FOR MULMUR TOWNSHIP RATEPAYERS SWIMMING POOLS AND FENCES May 01, 2013

AGRICULTURAL SERVICE BOARD ACT

Myles F. Corcoran Construction Consulting, Inc. Summary of SB CCC Title 7

Public hearing to adopt Ordinance 1375 C.S. amending Title 15, Buildings and Construction, of the Martinez Municipal Code

EXPROPRIATION ACT FORMS REGULATION

HIGHWAYS DEVELOPMENT AND PROTECTION REGULATION

HIGHWAYS DEVELOPMENT AND PROTECTION ACT

VILLAGE OF MARCELIN BYLAW NO. 02/2015 A BYLAW RESPECTING BUILDINGS

ARTICLE 10: ADMINISTRATION AND ENFORCEMENT OF ORDINANCE

Chapter 10 BUILDINGS AND BUILDING REGULATIONS*

THE CORPORATION OF THE CITY OF CLARENCE-ROCKLAND BY-LAW NUMBER BEING A BY-LAW TO REGULATE HEIGHT AND DESCRIPTION OF LAWFUL FENCES

Example of Heritage Conservation Easement Agreement under Section 37 of the Ontario Heritage Act

ORDINANCE NO 100 CITY OF PATTISON, TEXAS SUBSTANDARD BUILDING ORDINANCE

Energy Conservation in New Building Construction. Uniform Building Code for Abatement of Dangerous Buildings

CITY OF EAST LANSING ORDINANCE NO. 1360

THE CORPORATION OF THE CITY OF BRAMPTON OFFICE CONSOLIDATION BY-LAW (amended by By-laws and )

BYLAW NO. 34/ This Bylaw may be cited as the MD of Foothills No. 31 Community Standards Bylaw.

BYLAW BEING A BYLAW OF STRATHCONA COUNTY IN THE PROVINCE OF ALBERTA TO REGULATE THE SAFETY OF TAXIS

City of Kingston Report to Administrative Policies Committee Report Number AP

Province of Alberta STRAY ANIMALS ACT. Revised Statutes of Alberta 2000 Chapter S-20. Current as of January 1, Office Consolidation

2 Adoption of Agenda and Emergent Issues. 3 Adoption of Minutes 2-5 a) Minutes of the Municipal Planning Commission meeting on February 17, 2016

Court of Queen s Bench

BUILDING AGREEMENT. Between

THE CORPORATION OF THE MUNICIPALITY OF SHUNIAH BY-LAW NO.

APPROVAL OF DEVELOPMENT PERMIT You are hereby notified that your application for a development permit with regard to the following:

THE CORPORATION OF THE TOWNSHIP OF WAINFLEET BYLAW NO

A. Declaration Of Policy: The purpose of this section is to protect the public health, safety, and welfare by enactment of this section which:

CITY OF EDMONTON BYLAW SAFETY CODES PERMIT BYLAW (CONSOLIDATED ON JANUARY 1, 2016)

The Corporation of the Municipality of West Grey By-law Number

THE CORPORATION OF THE TOWNSHIP OF OTONABEE-SOUTH MONAGHAN BY-LAW NUMBER

HALIFAX REGIONAL MUNICIPALITY BY-LAW NUMBER D-300 RESPECTING DERELICT BUILDINGS

BYLAW NO. 3551/2015 NOW THEREFORE COUNCIL OF THE CITY OF RED DEER ENACTS AS FOLLOWS: PART I TITLE, PURPOSE AND DEFINITIONS

CALIFORNIA CIVIL CODE SECTIONS

SUBDIVISION AND DEVELOPMENT APPEAL BOARD AGENDA

Last Revised Nov. 26, 2012 Sheet Effective Jan. 1, 2013 B/L 5793

APPEALS STANDING COMMITTEE MINUTES January 12, The following does not represent a verbatim record of the proceedings of this meeting.

Citation: Queens Co. Const. v Currie Date: PROVINCE OF PRINCE EDWARD ISLAND IN THE SUPREME COURT - TRIAL DIVISION

S U B D I V I S I O N A N D D E V E L O P M E N T A P P E A L B O A R D A G E N D A

CONSOLIDATED WITH BY-LAW THE CORPORATION OF THE TOWNSHIP OF MULMUR BY-LAW NO FENCE BY-LAW

Bylaw No ASSESSMENT REVIEW BOARDS BYLAW

OFFICE CONSOLIDATION FENCE BY-LAW BY-LAW NUMBER By-Law Number Date Passed Section Amended

ARTICLE 1: Purpose and Administration

STATUTES AMENDMENT ACT, 2014 (NO. 2)

The Corporation of the Township of Southgate By-Law Number

THE CITY OF CALGARY LAND USE BYLAW 1P2007

AGRICULTURAL PESTS ACT

BRAMBLEWOOD ACRES I - PROTECTIVE COVENANTS

The Dallas City Code

HISTORIC PROPERTY PRESERVATION AGREEMENT

BYLAW Traffic Safety Act being Chapter T-6 of the Revised Statutes of Alberta, 2000 and amendments thereto;

CITY OF YORKTON BYLAW NO. 9/1997

Nuisance Abatement Bylaw

HEALTH PROFESSIONS AMENDMENT ACT, 2008

BUILDING CODE HAMPTON FALLS, NEW HAMPSHIRE

Nuisances, Untidy and Unsightly Property By - Law

Determination regarding a dispute about a house built by one shareholder of a jointly owned block of Maori land at 41 Rarapua Place, Te Puna, Tauranga

ORDINANCE NO Section 2. Definitions: As used in this ordinance, the following terms shall have the following subscribed meanings:

EXHIBIT B TITLE 7 REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS

SUB-ANALYSIS. Title CONSTRUCTION LICENSING, PERMITS AND REGULATION

DRAINAGE DISTRICTS ACT

2010 Reprinted November 1, 2010

Authority: Item 8, Planning Committee Report (PED10115(a)) CM: November 30, 2011

Page 1 of 10 Clause (1), Report Number 33, By-Law Number

ENVIRONMENTAL ASSESSMENT REGULATION

APPLICATION TO EXTEND COMPLIANCE PERIOD OF A BREACH OF CONDITION NOTICE REGARDING ACCESS TO RESIDENTIAL STATIC CARAVANS

THE LOCAL GOVERNMENT (AMENDMENT) ACT I assent. 2 August 2018 Acting President of the Republic ARRANGEMENT OF SECTIONS.

ORDINANCE NO BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

an Inspector appointed by the Secretary of State for Communities and Local Government

Application for Fence Exemption 9 Rex Gate

TOWN OF PITTSFORD, NEW YORK Municipal Town Code. Chapter 66 Buildings and Property Maintenance (Adopted as Local Law #7 of 2014 on July 15, 2014

RESTRICTIVE COVENANT ARCHITECTURAL AND CONSTRUCTION

CHAPTER 9 BUILDING REGULATIONS

The ABC of Agricultural and other Barn Conversions. May 2014

CITY COUNCIL AGENDA REPORT

ACTON HISTORIC DISTRICT COMMISSION: RULES AND REGULATIONS

Transcription:

Hearing Held: May 16, 2018 ROCKY VIEW COUNTY ENFORCEMENT APPEAL COMMITTEE Decision of the Committee Chair: D.Kochan Vice-Chair: K. Hanson Committee Member: I. Galbraith Committee Member: H. George Committee Member: W. Metzger APPELLANTS/OWNERS: 1751869 Alberta Ltd. c/o Satpreet Thiara 100110088102 Ave Edmonton, AB T5S 2Z1 DECISION: Having been satisfied that notice of this.hearing was provided in accordance with the Municipal Government Act, R.S.A. 2000, Chapter M-26; upon having read the materials provided; and upon having heard the representations from the Appellant/Owner and the Development Authority (Enforcement Services) with respect to the appeal filed by the Appellant/Owner of the Development Authority's (Enforcement Services) Order, dated April 5, 2018, to take the fo llowing steps to t he reasonable satisfaction of the County on or before April 30, 2018 for the partially constructed structure on the Lands: 1. Obtain any necessary permits through the County's Building Services required for the restoration and continued construction of the structure, and commence work to complete the structure; or 2. Obtain any necessary permits though the County's Building Services required for the demolition of the structure, and have the structure demolished and the site levelled; at Lot 27, Block 3, Plan 0914791 in the NE-14-24-03-W5M (the "Lands); the Rocky View County Enforcement Appeal Committee has decided to UPHOLD the appeal and VARY the decision of the Development Authority (Enforcement Services). The Enforcement Appeal Committee directs that: The Appellant must obtain a building permit for the partially built dwelling on the Lands by August 30, 2018 and that the construction of the dwelling be completed by April 30, 2019. II FINDINGS OF FACT 1. The Lands are classified as Residential One District (R-1) in the Rocky View County Land Use Bylaw C-4841-97 (the "Land Use Bylaw"). 2. The Lands are owned by 1751869 Alberta Ltd. 3. The Lands are ± 2.00 acres in size and developed with a partially completed dwelling. Page 1 of 7

4. The Lands are located approximately 500 m. south of Lower Springbank Road and 200m. west of Range Road 31. 5. The Committee has determined it has jurisdiction under section 13(2) of Rocky View County's Bylaw C-7690-2017, Nuisance and Unsightly Property Bylaw (the "Bylaw") to review the Order dated April 5, 2018 and that under section 54 7(2) of the Municipal Government Act (MGA) the Committee may "confirm, vary, substitute or cancel the Order." 6. The Committee confirms that the Order was received by the Appellant/Owner on April 9, 2018 and that the Notice of Appeal was filed on April 16, 2018. The Committee confirms that the Notice of Appeal was received on time in accordance with section 547(b) of the MGA. 7. The Committee heard the following details from the Development Authority (Enforcement Services) on why the Order under section 546 of the MGA was issued to the Appel Ia ntj Owner: a. An inspection of the Lands On March 7, 2018 confirmed that: i. the property was abandoned and exhibited signs of significant physical deterioration; ii. the partially completed dwelling was fenced but there was no evidence that construction had occurred in many months; iii. snow had infiltrated the unsealed structure; iv. t here were signs of the wood weathering and deteriorating; v. an accumulation of bird feces had occurred in the interior. 8. On April 5, 2018, the Order to Remedy Dangers and Unsightly Property was issued by the Development Authority (Enforcement Services) to take the following steps to the reasonable satisfaction of the County on or before April 30, 2018 for the partially constructed dwelling on the Lands: a. Obtain any necessary permits t hrough t he County's Building Services required for the restoration and continued construction of the structure, and commence work to complete the structure; or b. Obtain any necessary permits through the County's Building Services required for the demolition of the structure, and have the structure demolished and the site levelled; 9. The Development Authority (Enforcement Services) issued the Order to Remedy Dangers and Unsightly Property under section 546(0.1)(b)(i) of the MGA which outlines that an "unsightly condition" includes "in respect of a structure, includes a structure whose exterior shows signs of significant physical deterioration." 10. Section 546(1) of the MGA states that: Page 2 of 7

If, in the opinion of a designated officer a structure (... ) is dangerous to public safety or property, because of the unsightly condition, is detrimental to the surrounding area, the designated officer may by written order (a) require the owner of the structure to (i) eliminate the danger to public safety in the manner specified, or (ii) remove or demolish the structure and level the site. 11. On April 16, 2018, the Appellant/Owner appealed the decision of the Development Authority (Enforcement Services) on the grounds that: a. They want to obtain any necessary permits through County Building Services as required to complete the structure. 12. Lovedeep Virk, the Appellant's representative, was in attendance at the hearing and stated that: a. He is representing the Owner. b. They have been working on numerous houses in the area and this is the last one they have to complete. They have had some financial difficulties that have prevented them from finishing the project. c. This structure has been conditionally sold and the building must be finished according to the specifications of the new owners for the sale to be finalized. d. They are asking for 90 days to finalize the new plans and to apply for a new building permit. If they get 90 days to apply for a new building permit, they anticipate that construction will be completed by April 2019. e. They disagree that the bird feces is a health issue. f. They intend to finish the construction of this building. g. The last communication they had with the County was when the County ordered them to erect a fence. h. They did not find any cracks in the foundations during inspections on the Lands. 13. Kelly Albrecht was in attendance and spoke in opposition to the appeal. He stated that: a. He purchased the property directly north of the Lands in June 2015 and is currently building a dwelling. b. He has not seen any progress on the Lands since he moved in. c. Not all the doors and windows have been installed in the dwelling on the Lands. d. He is concerned that the partial structure on the Lands is bringing down property values in the area. Page 3 of 7

e. He is worried the property is open to vandalism and arson which will negatively impact his property. f. There are openings in the fencing that could be accessed by a person who could hurt themselves or do illegal things. g. The building is an eyesore. h. The Owners have had years to finish this project and there has been no effort to finish the project. He would like to see the building finished as soon as possible and is worried that the Owners are just stalling and will not get the project done. i. He would be satisfied if the dwelling is completed by April 2019 and there should be some repercussion if they do not meet the deadline. 14. Mike Strauss was in attendance and spoke in opposition to the appeal. He stated that: a. He is a homeowner in Wind horse and is the president of the Homeowners' Association. b. He has seen teenagers go over the fence on the Lands and he has had to call the RCMP. c. He is frustrated that the Appellant has stopped doing work. d. It is an expensive area to build in due to water issues in the area. e. The building is affecting property values in the area. f. The Owner does not have good history in the area and allowing 90 extra days is contributing to the extended problems that this company has caused in the community. g. He is concerned the project will be delayed and will not be finished. 15. Pummy Bhogal was in attendance and spoke in opposition to the appeal: She stated that: a. She is homeowner in the area and has lived there for five years. b. She agrees with the comments provided by Mr. Strauss and Mr. Albrecht. c. There should be repercussions if the Owner does not follow what they are ordered to do. 16. In rebuttal, Mr. Virk stated that: a. He will pay the liens on the building. b. They are aware of the architectural controls in the area and will build to that standard. Page 4 of 7

c. This is not the only house in Windhorse that has been delayed and other houses are more incomplete than the dwelling on the Lands. They would really like to finish the building which will be better for the neighbours in the long run. d. Their home is not the cause of criminal activity in the neighbourhood as that is a general trend in rural areas. e. They are committed to having the house finished for the owners by April 2019. f. He understands the concerns of the neighbours and would like to get this project finished. g. He feels he had a fair hearing. 17. The Notice of Hearing of the Enforcement Appeal Committee was circulated to 62 adjacent landowners. 18. The Committee received no letters in support or in opposition from adjacent landowners. 19. The Committee confirmed with Enforcement Services that: a. They consider the wood deterioration signs of structural problems with the building and the bird feces to be a health concern. The building is also unsightly under the section 546 of the Municipal Government Act as the building shows signs of significant physical deterioration". b. They worked with the County's Building Services department when evaluating the condition of the building. c. There is construction fencing on the Lands. d. If the structure is not completed in the required timelines, they would likely seek removal of the building through the courts. 20. The Committee confirmed with Building Services that: a. There have been several Safety Codes Officers who have gone through the building. They attended the Lands with the enforcement officer and support the determination that the building is deteriorating. b. Th e building permit was issued in March of 2014 and they completed a foundation inspection in 2015 which the building passed. They did progress inspections in 2016 and 2017 but did not reach the next step of completing a framing inspection. The plumbing, gas, and electrical work is not complete. The building has a completed roof. c. They have been sending notices to the Owner about needing to finish the work and sent a notice of the expiry of the building permit due to inactivity. d. The last progress check they did, which failed, was in March 2016. e. At this point, remedial work would need to be done and a pass from a structural engineer would be required. The County would also ask that a qualified company Page 5 of 7

File No.: 04 714182; REX 201803-0166 produce a report under the Health Act on the work that would need to be done to remediate the feces. f. Typically when a building is at this stage, there is mould present but he cannot confirm that. The pictures primarily show deterioration and structural problems. g. Building Services would be open to new architectural plans but the Owner would also have to submit plans for the required remedial work. h. 90 days is a reasonable timeline to procure new architectural plans. There are some nuances to an existing building that may impact timelines due to possible remediation requirements. i. They have received complaints (with Enforcement) from neighbours about people illegally accessing the Lands. j. There is no security lighting on the Lands to their knowledge. k. Their mandate is to enforce the Safety Codes Act and the codes that fall under it. Ill REASONS FOR DECISION The Committee is ALLOWING the appeal and VARYING the decision of the Development Authority (Enforcement Services) for the following reasons: CLOSING: 1. The Committee is satisfied that the partially built structure on the Lands is showing signs of deterioration which contravenes section 546 of the Municipal Government Act (MGA) which defines an unsightly condition as "a structure whose exterior shows signs of significant physical deterioration." 2. The Committee is satisfied it has the authority to execute this Order as per section 546(1)(c)(i) of the MGA which states that a designated officer may "require the owner of the property that is in an unsightly condition to improve the appearance of the property in the manner specified (... )" and section 546(1) of the MGA which states that "the order may state a time within which the person must comply with the order." 3. The Committee heard that the Appellant/Owner is committed to finishing the building and that the County believes there is a possibility that the structure can be remediated and completed. As the Board is satisfied that the structure does not cause an immediate danger and there is a possibility that the structure can be remediated, it is in the best interest of all parties that the Appellant/Owner be given the opportunity to complete the structure. This decision can be appealed to the Court of Queen's Bench if the procedure required to be followed by the Municipal Government Act was not followed or the decision is patently unreasonable. If you wish to appeal this decision you must follow the procedure found in Section 548 of the Municipal Government Act which requires an appeal to be made within 15 days after the date on wh ich you were served with this decision. Sf:- Dated at the City of Calgary, in t he Province of Alberta this~ day of May, 2018 and signed by the Chair of the Enforcement Appeal Committee who agrees that the content of this document Page 6 of 7

adequately reflects the appeal hearing, deliberations and decision Committee. Committee Order No.: 02-18 Don Kochan, Chair Enforcement Appeal Committee EXHIBIT LIST: 1. Enforcement Appeal Committee report with attachments (32 pages). Page 7 of 7