pds 171-2016, section 57 notice 2296 merlot boulevard

ca '~A ABBOTSFORD

Report No. PDS 171-2016

Date: December 5, 2016 File No: 4030-20

To: Mayor and Council

COUNCIL REPORT

REGULAR COUNCIL

From: Belinda Moen, Assistant Manager, Building Permits and Licences Subject: Registration of Section 57 on Title against the property located at 2296 Merlot

Boulevard (Lot 222 Section 15 Township 13 NWD Plan BCP44766)

RECOMMENDATION .

1 . THAT the Corporate Officer be directed to file a notice in the Land Title Office against the title of the following property at 2296 Merlot Boulevard, in accordance with Section 57 of the Community Charter, to provide notification to the public of the deficiencies noted in Attachment "A" of Report No. PDS 171-2016; and

2. THAT the Mayor and Corporate Officer be authorized to execute all documents related to this. matter.

SUMMARY OF THE ISSUE

Section 57 of the Community Charter allows local governments to file a notice in the Land Title Office when a Building Official:

• observes construction or safety concerns related to a building or structure; or • discovers work without the required permit or inspection.

When such a notice is filed in the Land Title Office, persons having an interest in the property, such as a potential purchaser, are alerted of the matter by performing a title search at the Land Title Office.

BACKGROUND

Section 57 of the Community Charter allows Council to consider a resolution that directs the Corporate Officer to file a notice in the Land Title Office when the Building Inspector observes a condition that results from the contravention of a bylaw; and as a result of the condition, a building is unsafe or that work that required a permit, was carried out on the property without the necessary permit. A City Building Inspector inspected the property listed in Attachment "A" and found that it was used, or work was done, in contravention of the Building Bylaw, BC Building Code, Safety Standards Act, Fire Services Act and/or Controlled Substance Property Bylaw. Photographs of the deficiencies noted in Appendix "A" are contained in Appendix "B".

City staff conduct safety inspections of properties where the Abbotsford Police Department dismantles an existing marijuana grow operation.

Report No. PDS 171 -2016 of 2

DISCUSSION

When a controlled substance property is confirmed, a notice is posted on the building indicating that the property is not to be occupied and that water service will be discontinued. Following the inspection, a letter is sent to the property owner explaining the steps needed to remediate the property and itemizing the fees that apply. Property owners are given a minimum of five business days written notice of their opportunity to be heard, when the Building Inspector recommends that a notice be filed on title.

A final inspection may be booked once the property owner meets the requirements of all applicable legislation. Upon completion of the final inspection, the property owner is advised if the building may be re-occupied or if additional work is needed.

The length of the remediation process is dependent on how quickly the property owner/agent, cleaner, hygienist and contractor address deficiencies. Once all remedial action is completed, the notice that is filed at the Land Title Office is removed.

FINANCIAL PLAN IMPLICATION

There is no implication to the Financial Plan, because fees for filing and removing the notice in the Land Title Office are contained in the Controlled Substance Property Bylaw and will

be recovered from the property owner. c: · Y-----·-·--~ ~-~:· _ : : .. -... ~----·--·- .. ---~ . Reviewed and approved by the: Chief Financial Officer

IMPACTS ON COUNCIL POLICIES, STRATEGIC PLAN AND/OR COUNCIL DIRECTION Enforcement of the City's Controlled Substance Property Bylaw supports the City's strategic goal to build a safer, healthier and more inclusive community.

SUBSTANTIATION OF RECOMMENDATION For the safety of the public, the structure should not be given re-occupancy until all the deficiencies have been corrected.

Belinda Moen, RBO Assistant Manager, Building Permits and Licences

ATTACHMENTS

..\u<"' Siri Bertelsen General Manager, Planning and Development Services

Appendix "A": Section 57 - Community Charter Recommendation to Council Appendix "B": Photos of Deficiencies

Subject Address:

Subject Building:

Appendix "A" Section 57 - Community Charter

Recommendation to Council

2296 Merlot Blvd

Single Family Dwelling

I recommend that a notice be filed in the land title office, for the following reason(s).

1. I observed the following conditions that result from the contravention of a bylaw, Provincial building regulation or other enactment that, as a result of the condition, the building or other structure is unsafe or is unlikely to be usable for its expected purpose during its normal lifetime:

• The building was used for growing marijuana, in contravention of the Controlled Substance Property Bylaw.

• Numerous alterations and renovations were found completed, in contravention of the Building Bylaw.

Building Inspector (name): Brandon Mordy

-~ . /; Building Inspector (signature): ~

Date: September 27, 2016

Appendix "B"

Work without a permit - Room constructed and ducting added

Unsafe wiring - Electrical work without a permit

TITLE SEARCH PRINT

Fi le Reference: 16-117784

Declared Value $563084

2016-10-18, 16:34:24

Requester: Magda Laljee

**CURRENT INFORMATION ONLY - NO CANCELLED INFORMATION SHOWN**

Land Title District Land Title Office

Title Number From Title Number

Application Received

Application Entered

Registered Owner in Fee Simple Registered Owner/Mailing Address:

Taxation Authority

Description of Land

NEW WESTMINSTER NEW WESTMINSTER

CA2931512 CA2705638

2012-12-27

2013-01-08

WEI PING GAN, WAITRESS 2296 MERLOT BOULEVARD ABBOTSFORD, BC V4X OA6

CITY OF ABBOTSFORD

Parcel Identifier: 028-221-273 Legal Description :

LOT 222 SECTION 15 TOWNSHIP 13 NEW WESTMINSTER DISTRICT PLAN BCP44766

Legal Notations THIS TITLE MAY BE AFFECTED BY A PERMIT UNDER PART 26 OF THE LOCAL GOVERNMENT ACT, SEE BB356240 AMENDED BY BB1457942 AMENDMENT NO. 2 SEE BB1265260

AIRPORT ZONING PLAN 22467

ZONING REGULATION AND PLAN UNDER THE AERONAUTICS ACT (CANADA) FILED 22.06.1983 UNDER NO. W90088 PLAN NO. 66201

Title Number: CA2931512 TITLE SEARCH PRINT Page 1 of3

TITLE SEARCH PRINT File Reference: 16-117784


Charges, Liens and Interests Nature: Registration Number: Registration Date and Time: Registered Owner: Remarks:

Nature: Registration Number: Registration Date and Time: Registered Owner: Remarks:


Nature: Registration Number: Registration Date and Time: Registered Owner:

Remarks:




Title Number: CA2931512

COVENANT BX153747 2005-06-28 11:49

2016-10-18, 16:34:24

Requestor: Magda Laljee

PROVINCIAL AGRICULTURAL LAND COMMISSION INTER ALIA PLAN BCP18298

COVENANT 8856145 2007-01-19 09:30 CITY OF ABBOTSFORD INTER ALIA

COVENANT BB64007 2007-02-2114:22 CITY OF ABBOTSFORD INTER ALIA

STATUTORY RIGHT OF WAY BB825022 2008-01-18 13:19 TERASEN GAS INC. INCORPORATION NO. 0778288 INTER ALIA

COVENANT BB861958 2008-05-27 12:44 CITY OF ABBOTSFORD INTER ALIA

COVENANT 68861960 2008-05-27 12:44 CITY OF ABBOTSFORD INTER ALIA


TITLE SEARCH PRINT Page 2 of 3

TITLE SEARCH PRINT file Reference: 16-117784




Nature: Registration Number: Registration Date and Time: Remarks:




Duplicate Indefeasible Title

Transfers

Pending Applications

Title Number: CA2931512



STATUTORY BUILDING SCHEME BB1993787 2011-10-18 14:37 INTER ALIA

MORTGAGE CA2931513 2012-12-27 13:13 BANK OF MONTREAL

ASSIGNMENT OF RENTS CA2931514 2012-12-27 13: 13 BANK OF MONTREAL

CERTIFICATE OF PENDING LITIGATION BB3041435 2016-07-12 12:02 DIRECTOR OF CIVIL FORFEITURE RESTRICTS DEALINGS

NONE OUTSTANDING

NONE

NONE

TITLE SEARCH PRINT

2016-10-18, 16:34:24

Requestor: Magda Laljee

Page 3 of 3

pds 171-2016, section 57 notice 2296 merlot boulevard

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