Bylaw Enforcement – Derelict Vehicles – Contravention of Sections 6.4,
7.4.2 and 10.2.1 of Zoning Bylaw 2453, 2008 – C06526.000

THAT the Regional District of Okanagan-Similkameen commence legal proceedings against the owners of Lot 794, Plan 4162, DL 2450s, to bring it into compliance with Sections 7.4.2 and 10.2.1 of RDOS Zoning Bylaw No. 2453, 2008.

Section 7.4.2 of RDOS Oliver Rural Zoning Bylaw states:

“Unless otherwise specifically permitted in the Bylaw, no parcel must be used for the wrecking, salvage or storage of more than two derelict vehicles or as a salvage operation. “Derelict vehicle” includes any vehicle, except a farm vehicle, that is not displaying a current licence, pursuant to Provincial regulations, and which is not enclosed within a garage or carport.”
Section 10.2.1 of RDOS Oliver Rural Zoning Bylaw sets out uses permitted within the AG1 zone. A salvage operation is not listed as a permitted use, and as such, is not permitted as a use on the property pursuant to Section 7.42 (quoted above).

The recommendation for legal action is based on:
• derelict vehicles are not permitted to be stored on the property;
• a salvage operation is not listed as a permitted use within the AG1 zone and as such, is not permitted
• the owners have worked towards compliance but it has been slow and intermittent;
• the property owners can bring the property into compliance if removal is consistent and no further vehicles are brought onto the property;
• additional fines and the probability of court action, together with incurred legal costs, is
considered to be an appropriate motivator to achieve compliance in a timely manner.

Analysis:
A complaint was received and enforcement of zoning regulations commenced in May of 2008. The owners started removing the vehicles once fines were initiated, however, work has been intermittent and progress has been slow. Although more than 1/2 of the derelict vehicles have been removed, the property remains in contravention with 21 derelict vehicles still being stored on the property. In addition, it appears that there may be a vehicle salvage or repair service being conducted on the property

History:
The subject 1.2ha (3.23 acre) property is located approximately 250m (820’) north of the Town of Oliver boundary on Tucelnuit Drive and is predominantly surrounded by private residential use or hobby farming. The East property line borders the Osoyoos Indian Band lands. The property is designated Agriculture One Zone (AG1) within the RDOS Oliver Rural Zoning Bylaw No. 2453. It is located within the Provincial Agricultural Land Reserve and is subject to the Provincial Agricultural Land Commission Act as it is larger than 2 acres. On May 13, 2008, a complaint was lodged stating that there were many derelict vehicles located behind the house. The owners were contacted and RDOS was advised that the long term plans for the property was to plant grapes and that the vehicles would be removed over the course of the summer.

On August 1, 2013, an Adjudication Hearing was held in Penticton wherein one property owner, Mr. Crucetti, was in attendance together with an advocate. The Adjudicator was unable to proceed, due to the conduct of Mr. Crucetti and his advocate. The Hearing was adjourned to September 5th, 2013 but was cancelled as all fines were subsequently paid by the secondary owner negating the need for a further Hearing.

The latest inspection was conducted on February 24, 2014, and indicated that there were still 21 derelict vehicles on the property (Attachment 2). Comparison with the inventory taken on previous inspections with the one taken on this inspection confirmed that vehicles have been removed but were replaced with other vehicles. It became apparent that there may be a salvage or repair operation being conducted in addition to storing derelict vehicles.

Source RDOS report