TO: Board of Directors RDOS
FROM: B. Newell, Chief Administrative Officer
DATE: February 20, 2014
RE: Building Violation 2300 block Allendale Rd. Okanagan Falls Area D
Suggested action: Notice on Title under provisions of Bylaw No. 2333
History:
On January 13, 2010 it was noticed that this yurt was assembled on a platform on the property without a building permit. Registered mail was sent to the property owner requesting an application for a building permit be submitted.
On November 13, 2012 it was noted that a second yurt had also been constructed. A Stop Work Order was placed on November 14, 2012.
The Building Official met with and corresponded with the owner of the yurt and the property owner to discuss Building and Zoning Bylaw requirements.
On October 29, 2013 the owner of this yurt submitted an incomplete application for a building permit. This application does not contain sufficient information for a building permit to be issued. The required information was requested but has not been received.
This yurt is being used for residential purposes. It is unknown whether there are health & safety related deficiencies.
There are two yurts on this property at the top of Allendale Rd in Okanagan Falls.
Alternatives:
In July 2009 the Board adopted a Policy (Resolution B354/09) to provide for a consistent and cost effective approach to the enforcement of Building Bylaw violations. This policy provides the Board with three categories of infractions and the recommended action for each. Category 1 (Minor Deficiencies) – Place notice of deficiencies on folio file. Category 2 (Major Deficiencies) – Place Section 695 Notice on title. Category 3 (Health & Safety Deficiencies/Building without Permit) – Place Section 695 Notice on title and seek compliance through injunctive action.
Analysis:
Seeking a court injunction has a legal cost and the Board may wish to choose this option for enforcement of significant health or safety issues. As there are potential construction and health and safety deficiencies on this property, a Section 695 Notice on Title and injunctive action are recommended by staff. The Notice on Title advises the current and future owners of the deficiency and injunctive action will require that the deficiencies be remedied and the property be brought into compliance with RDOS bylaws.
This is an extract from a RDOS report for discussion at an upcoming meeting Thursday at the Penticton Board table.