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Westside Road B.C.
Regional District of Central Okanagan
Building Inspection Bylaw Violations / Contraventions
LAST UPDATE
January 25, 2015
Click on your refresh button in the top menu, to
be sure you see any updates.

Link to all of RDCO's Bylaws

The first National Building Code of Canada (NBC) was published in 1941;
subsequent editions were published in 1953, 1960, 1965, 1970, 1975, 1977, 1980,
1985, 1990 and 1995.

RDCO Building Bylaw #835
20. PENALTIES
20.1 Any person who breaches any provision of this bylaw commits an
offence and is liable, upon prosecution, to the penalties provided under
the
Offence Act.
Offence Act
General penalty
4 Unless otherwise specifically provided in an enactment, a person who is
convicted of an offence
is liable to a fine of not more than $2,000 or to
imprisonment for not more than 6 months, or to both.

Regional District of Central Okanagan
Policy and Procedures
Manual
Inspections Services
Inactive building permits / stop work orders with a bylaw
contravention notice
Dated July 9, 2009
We received this through the Freedom of Information Act
February 14, 2010

click to read larger copy

Ask a Building Code Question
http://www.housing.gov.bc.ca/building/code_questions/index.htm

This Spring 2008 North Westside Communities News article states:
The residents of the area have by in large been coming forward with community
building concerns and inquiries which I and the RD have been able to work on.
Thank you for bringing your concerns to my attention.


April 7, 2011 Highlights of the Regional District of Central
Okanagan Special Board Meeting
Zoning Contravention Letter
The Regional Board has directed staff to send a letter to the strata
and property owners of La Casa Lakeside Cottage Resort outlining
contraventions to the Regional District Zoning Bylaw No. 871. The
main concern is that some property owners are living year-round at
the resort which is presently zoned C5 Campground, Cabin and Motel
Commercial. That zoning is not for residential
purposes and is designed for short-term occupancy of less than one
month. |


April 7, 2011 Regional District of Central Okanagan Special
Board Meeting Minutes
RDCO Board Minutes are not posted to RDCO's website until
after the minutes are adopted at the following Board meeting
April 18, 2011 |

Homeowners benefit from DWK error
Castanet.net - by Wayne Moore - Story: 55722 - Jul
14, 2010
Three property owners in West Kelowna fought City Hall and won.
The three have had their hopes of building homes on Paramount Drive
in Tallus Ridge stalled while they waded through red tape created by
an error made by the municipality.
Planning Supervisor Randa Wheaton told council problems arose over
an improper interpretation of municipal bylaws concerning setbacks
by municipal staff.
Wheaton says the disputes all concern section 9.2.8 of the RC1 Zone
which requires a minimum setback from a highway of 4.5 metres.
She says the definition of a highway as it pertains to this
situation is any street, road, lane or bridge.
"Until recently both district and RDCO staff have interpreted the
front yard setback in a compact housing RC1 zone to be two metres
from the front parcel line," says Wheaton.
"Upon a more comprehensive review of the zoning bylaw it was
recently determined by staff that the previous interpretation of two
metres for a front yard setback was incorrect and that the required
setback was 4.5 metres because of the definition of highway."
All three land owners were before council Tuesday seeking a variance
application asking for setbacks of two metres instead of the 4.5
metre requirement.
"The variance requests are to reduce the 4.5 metre setback to
accommodate pre-designed homes."
One was seeking the variance for a setback to a porch the other two
are setbacks to garages.
"It should be noted that approved drawings submitted by the
developer at the time of the subdivision for phase four showed
compliance for the 4.5 metre setback," adds Wheaton.
"Staff generally have concerns about this type of application
because staff anticipates that the reduction to 4.5 metre setback
would likely result in the potential for larger vehicles encroaching
into the existing sidewalk in front of the lot."
Wheaton says there are other homes within the Tallus Ridge
subdivision that have been built with setbacks of just 2 metres as
per the previous interpretation of the zoning bylaw.
After considerable debate, council determined it would not penalize
the property owners for an error made by the municipality and
allowed the applications to go ahead, despite the fact staff had
recommended against two of the three variance applications.
"I was a bit alarmed when I read these, quite frankly, about a
sudden change in direction and interpretation," says Mayor Doug
Findlater.
"It doesn't strike me as being fair to people when they have a
certain understanding and then we introduce a new interpretation,
particularly after people have purchased property with an
understanding."
Findlater says he thinks the municipality has to stand by what it
tells people and not change the rules in mid stream. |

June 28, 2010 Regional District of Central Okanagan Regional Board
Meeting Agenda
Item 6.4 Building Violation 7885 Alpine Road.pdf
Item 6.4 Building Violation 7885 Alpine Road (.wma) audio
Agenda No: 6.4
Mtg Date: June 28, 2010
Regional Board Report
TO: Regional Board
FROM: Ray Paterson, Chief Building Inspector
DATE: April 26, 2010
SUBJECT: Building Violation, Parcel A, Plan 20608, District Lot 2922
7885 Alpine Road (Central Okanagan West Electoral Area)
Notice to be Placed on Title - Owner: Kallstrom
Date of Meeting: June 28, 2010
RECOMMENDATION:
That the Regional Board direct that a notice be filed on the title
of Parcel A, Plan 20608, District Lot 2922, O.D.Y.D., pursuant to
Section 57 of the Community Charter Act, and pursuant to that
section of the Community Charter Act, further information regarding
the notice be limited to the fact that:
1. The construction of a workshop to the house with a covered
breeze way, built under the authority of Building Permit #3506/06,
has not been finalized, which is a violation of Regional District of
Central Okanagan Building Bylaw #835.
BACKGROUND:
On April 13, 2006, Building Permit #3506/06 was issued authorizing
the construction of a workshop connected to the house with a covered
breeze way. To date, the project has not received final approval
from this office. The following attempts have been made to have the
permit finalized:
1. Letters were forwarded to the owner in this regard on March
29, July 10, October 25,2007 and January 31,2008. The owner
requested an extension and was given an extension to January 2009. A
letter was sent January 29, May 13 and November 3, 2009. There has
been no further progress. The owner has been notified of the
date, time and location of the meeting which will deal with this
report.
Yours truly,
Ray Paterson, R.B.O.
Chief Building Inspector
Itj
-------------------------------------------------------------
April 27, 2010
Certified LP 096 254 579 CA and Regular Mail
Dean and Shawna Kallstrom
7885 Alpine Road
Kelowna, B.C. V1Z 3V4
Dear Mr. and Mrs. Kallstom,
Re: Building Bylaw Violation, Notice to be Placed on Title Parcel
A, Plan 20608, District Lot 2922, 7885 Alpine Road
Please be advised that the attached report has been prepared for
the Regional District of Central Okanagan Board of Directors. If
this recommendation is accepted, a notice will be filed on the
property title in the Land Title Office, stating that:
a) A resolution relating to that land has been made under Section
57 of the Community Charter Act.
b) Further information respecting it may be inspected at the office
of the Regional District of Central Okanagan.
Please note that the information relating to the notice will be
restricted to the facts outlined in the accompanying report.
Be advised also that once a title notice is formally registered on
the title of the property, a new permit will be required in order to
complete the work, have it inspected and the title notice
subsequently removed.
The report will be dealt with at the June 28, 2010, meeting of
the Regional District of Central Okanagan Board of Directors, to be
held at the Regional District of Central Okanagan Office at 1450
K.L.O. Road, Kelowna, B.C., at 7:00 p.m.
Yours truly,
Ray Paterson, R.B.O.
Chief Building Inspector
/tj
Encl. If you want to hear the entire Regional Board Meeting then
right click here to download entire
(.mp3) audio file. |

June 28, 2010 Regional District of Central Okanagan Regular Board
Meeting Minutes6.4 Building Violation, Parcel A, Plan
20608, District Lot 2922, 7885 Alpine Road (Central Okanagan West
Electoral Area) Notice to be placed on Title - Owner: Kallstrom (All
Directors - Unweighted Vote)
EDGSON/OPHUS
THAT the Regional Board direct that a notice be filed on the title
of Parcel A, Plan 20608, District Lot 2922, O.D.YD., pursuant to
Section 57 of the Community Charter Act, and pursuant to that
section of the Community Charter Act, further information
regarding the notice be limited to the fact that:
1. The construction of a workshop to the house with a covered
breeze way, built under the authority of Building Permit #3506/06,
has not been finalized, which is a violation of Regional District of
Central Okanagan Building Bylaw No. 835.
CARRIED
Audio of the entire Regional Board Meeting -
Audio_Brd_June 28_10.mp3 (177 MB) |

City claims rigorous grow-op inspections
Kelowna.com - Friday, January 8th, 2010
Contributed
A CBC investigation into damage to homes caused by grow-ops raises
concerns about the ability of home inspectors and municipal building
inspectors to recognize and effectively deal with the health hazard
they pose.
Grow Op Cover Up, airing Friday on
CBC TV’s Marketplace program, sees reporter
Erica Johnson and celebrity builder Mike Holmes investigate ways in
which house sellers hide mould and other contaminants that result
from marijuana production operations.
“Raising awareness about this problem on
national television gives us an opportunity to let the community
know how seriously the City of Kelowna takes this issue and
how we address it,” says Ron Dickinson, Development Services
Director.
No complaints have been registered against the City since it
instituted a special inspection program three years ago for
buildings police have shut down for containing a grow-op.
The municipal bylaw regarding occupancy of known grow-op buildings
requires specialized inspections by an environmental scientist and
City inspectors. The homeowner is required to hire the scientist to
test the home’s environment for contaminants, whether it’s mould or
chemical residue from plant production or meth labs.
“The scientist then explains to the homeowner what steps are
required to rid the home of these contaminants and the City also
receives a report on the requirements,” says Dickinson.
The building remains closed to occupants until the homeowner has the
remediation work completed and the environmental scientist returns
to certify the work meets the same health standards as any other
building in Kelowna.
After that step, the City sends in building and plumbing inspectors
to ensure the building’s infrastructure was not altered to
accommodate the illegal activity. It also works with the B.C. Safety
Authority to ensure electrical systems are in a safe operating
condition. If the inspections determine more work is required to
bring these systems up to building codes, the homeowner must obtain
the appropriate permits from the City.
“This enables us to further follow up to ensure the needed repairs
are made before anyone can occupy the building,” says Dickinson. “A
final inspection is the last step before the home is certified as
safe to live in. |

March 22, 2010 Regional District of Central Okanagan Regional
Board Meeting Agenda
Item
6.4 Building Violation, Balsam Road.pdf
Agenda No: 6.4
TO: Regional Board
Mtg Date: March 22, 2010
Regional Board Report
FROM: Ray Paterson, Chief Building Inspector
DATE: February 5, 2010
SUBJECT: Building Violation, Plan 20608, District Lot 2922 Balsam
Road (Central Okanagan West Electoral Area)
Notice to be Placed on Title
Date of Meeting: March 22, 2010
RECOMMENDATION:
That the Regional Board direct that a notice be filed on the title
of Lot 60, Plan 20608, District Lot 2922, O.D.Y.D., pursuant to
Section 57 of the Community Charter Act, and pursuant to that
section of the Community Charter Act, further information regarding
the notice be limited to the fact that:
1. The construction of a single detached house, built under the
authority of Building Permit #9787/02, has not been finalized, which
is a violation of Regional District of Central Okanagan Building
Bylaw #835.
BACKGROUND:
On October 4,2002, Building Permit #9787/02 was issued authorizing
the construction of a single detached house on the above noted
property. To date, the project has not received final approval from
this office. The following attempts have been made to have the
permit finalized:
1. A letter was forwarded to the owner in this regard on January
27, 2004, a one year extension was given. A letter was sent January
18, September 22 and December 16, 2005, March 14, 2006, May 29 and
August 7, 2007, June 11, 2008 and February 10, 2009. A Report to the
Board for a meeting date of August 24,2009 was withdrawn as
requested by the owner.
2. Letters were received from the owner in this regard on July
22,
August 27, September 28, October 30, 2009 and January 18, 2010.
Response letters were sent to the owner July 24, September 1,
October 9,
November 6, 2009 and
January 22, 2010.
Why does
the Chief Building Inspector not list the letters he received by
registered mail of
Nov 12, 2009 and
Sept 10, 2009?
Also a
letter was sent to the owner by the Chief Building Inspector on
February 5, 2010 as shown below.


to read, click each letter |
 |
and
then another letter was sent on
February 11, 2010 after the board report
above was written. Guess the Chief Building Inspector finally
decided he would try to answer questions after the fact.

to read, click letter
The owner has been notified of the date, time and location of the
meeting which will deal with this report.
Ray Paterson, R.B.O.
Chief Building Inspector
/tj
REGIONAL DISTRICT of CENTRAL OKANAGAN
February 5, 2010
Certified LP 096 255 132 CA and Regular Mail
Development & Environmental Services - Inspections
1450 K.L.O. Road
Kelowna, B.C. V1W 324
Telephone: (250) 469-6211
Fax: (250) 762-7011
Dear Mr.,
Re: Building Bylaw Violation, Notice to be Placed on Title Lot 60,
Plan 20608, District Lot 2922, Balsam Road
Please be advised that the attached report has been prepared for
the Regional District of Central Okanagan Board of Directors. If
this recommendation is accepted, a notice will be filed on the
property title in the Land Title Office, stating that:
a) A resolution relating to that land has been made under Section
57 of the Community Charter Act.
b) Further information respecting it may be inspected at the
office of the Regional District of Central Okanagan.
Please note that the information relating to the notice will be
restricted to the facts outlined in the accompanying report.
Be advised also that once a title notice is formally registered
on the title of the property, a new permit will be required in order
to complete the work, have it inspected and the title notice
subsequently removed.
The report will be dealt with at the March 22, 2010, meeting of
the Regional District of Central Okanagan Board of Directors, to be
held at the Regional District of Central Okanagan Office at 1450
K.L.O. Road, Kelowna, B.C., at 7:00 p.m.
Ray Paterson, R.B.O.
Chief Building Inspector
/tj
Encl. More about this Building Violation can be found
here |

March
22, 2010 Regional District of Central Okanagan Regular Board Meeting
Minutes
6.4 Building Violation, Lot 60, Plan 20608, District Lot 2922, 819
Balsam Road (Central Okanagan West Electoral Area) Notice to be
placed on Title - Owner: Schnurr (All Directors - Unweighted Vote
Ms. S. Schnurr was in attendance and addressed the Board on the
building violation. She stated that she does not believe it is fair
to register a building violation on Title. She is living in the
house and can't afford to complete the work and does not want to be
evicted from her home. Sherry Schnurr, mother of the applicant,
spoke to the Board stating that her daughter has tried to do
whatever she could do to complete the work but has limited funds.
Staff confirmed that there is not a stop work order on the home.
Ms. Schnurr is occupying the building without approval. The building
is not complete and the option is to place a bylaw contravention
notice on Title. Staff provided the Board with background regarding
the Regional District's building bylaw and the need for the Regional
District to protect itself from liability. The question was raised
what is left to be completed on the house? Staff noted the applicant
would not allow staff to inspect the full building so they are not
able to comment on what work remains to be completed.
Staff clarified that this is a notice on Title, not a stop work
order, nor will the applicant be evicted from her home. As
previously requested by the applicant, her correspondence of
February 3, 2010, January 18, 2010, and November 12, 2009 was
circulated to the Board.
EDGSON/OPHUS
THAT the Regional Board direct that a notice be filed on the title
of Lot 60, Plan 20608, District Lot 2922, O.D.YD., pursuant to
Section 57 of the Community Charter Act, and pursuant to that
section of the Community Charter Act, further information
regarding the notice be limited to the fact that:
1. The construction of a single detached house, built under the
authority of Building Permit #9787/02 has not been finalized which
is a violation of Regional District of Central Okanagan Building
Bylaw No. 835.
CARRIED |
There is nowhere in bylaw #835 that says a building needs to be finalized within
a certain time frame.

February 22, 2010 Regional District of Central Okanagan
Regular Board Agenda
Item
6.3 Building Violation 9392 Winchester Road.pdf
Agenda No: 6.3
TO: Regional Board
Mtg Date: February 22, 2010
Regional Board Report
FROM: Ray Paterson, Chief Building Inspector
DATE: January 13, 2010
SUBJECT: Building Violation Lot 46, Plan 21925, District Lot 3910, 9392
Winchester Road (Central Okanagan West Electoral Area)
Notice to be Placed on Title - Owner: Miller
Date of Meeting: February 22, 2010
RECOMMENDATION:
That the Regional Board direct that a notice be filed on the title of Lot 46,
Plan 21925, O.D.Y.D., pursuant to Section 57 of the Community Charter Act, and
pursuant to that section of the Community Charter Act, further information
regarding the notice be limited to the fact that:
1. The construction of a single detached house, built under the authority of
Building Permit #3574/06, has not been finalized, which is a violation of
Regional District of Central Okanagan Building Bylaw #835.
BACKGROUND:
On April 28, 2006, Building Permit #3574/06 was issued authorizing the
construction of a single detached house on the above noted property. To date,
the project has not received final approval from this office. The following
attempts have been made to have the permit finalized:
1. A final inspection was carried out May 9, 2007 and a follow up progress
inspection was done October 31,2008.
2. A letter was forwarded to the owner in this regard November 9, 2007, April 2,
July 31, November 27,2008, March 5 and July 31,2009.
The owner has been notified of the date, time and location of the meeting which
will deal with this report.
Yours truly,
Ray Paterson, R.B.O.
Chief Building Inspector
/tj
REGIONAL DISTRICT of CENTRAL OKANAGAN
January 13,2010
Certified LP 096 254 605 CA and Regular Mail
Sean and Everett Miller
9392 Winchester Road
Dear Sean and Everett Miller,
Re: Building Bylaw Violation, Notice to be Placed on Title Lot 46, Plan 21925,
9392 Winchester Road
Please be advised that the attached report has been prepared for the Regional
District of Central Okanagan Board of Directors. If this recommendation is
accepted, a notice will be filed on the property title in the Land Title Office,
stating that:
a) A resolution relating to that land has been made under Section 57 of the
Community Charter Act.
b) Further information respecting it may be inspected at the office of the
Regional District of Central Okanagan.
Please note that the information relating to the notice will be restricted to
the facts outlined in the accompanying report.
Be advised also that once a title notice is formally registered on the title of
the property, a new permit will be required in order to complete the work, have
it inspected and the title notice subsequently removed.
The report will be dealt with at the February 22, 2010, meeting of the Regional
District of Central Okanagan Board of Directors, to be held at the Regional
District of Central Okanagan Office at 1450 K.L.O. Road, Kelowna, B.C., at 7:00
p.m.
Ray Paterson, R.B.O.
Chief Building Inspector
/tj
Encl. |


November
12, 2009 Regional District of Central Okanagan Governance and
Services Committee AgendaAgenda No: 4.4
Governance & Services Committee Report
TO: Governance &Services Committee
FROM: Rhoda Mueller, Chief Bylaw Enforcement Officer
DATE: October 22,2009
SUBJECT: Bylaw Dispute Adjudication Program
RECOMMENDATION:
That the Regional District of Central Okanagan not participate in
the Okanagan Valley Bylaw Dispute Adjudication Program.
BACKGROUND:
On September 10, 2009 at the Regional District of Central Okanagan
Special Board Meeting, a resolution was adopted for staff to
investigate the Bylaw Dispute Adjudication System including costs
and an analysis of whether it would be feasible for
the Regional District to be involved and to report back to the
Regional Board.
In 2003, the Province of British Columbia enacted the Local
Government Bylaw Notice Enforcement Act. From this legislation, a
process known as the Bylaw Notice Dispute Adjudication System was
developed. A Screening Officer administers resolutions to
disputes and where a resolution can not be reached, a provincially
appointed Adjudicator is called in.
The Bylaw Adjudication Program is intended for enforcement of
minor bylaw matters, particularly traffic and parking. The Regional
District of Central Okanagan does not have a traffic bylaw as it
does not govern the roadways within its boundaries.
Dog Control violation tickets can be submitted to an outside
collection agency whereas parking violation tickets can not.
The Okanagan Valley Bylaw Adjudication Program is a partnership
where administrative costs are distributed by % population. The
Regional District of Central Okanagan portion of $3,600.00 is based
on the Chilliwack model for an annual budget of
$50,000.00 for all participants. There will also be additional costs
such as staff time, data entry and record keeping. Fees for
Screening and Adjudication Officers are not included.
The Regional District of Central Okanagan currently participates
in the Kelowna Provincial Court system for disputed tickets. There
are no costs to the Regional District for this system. It is a
process where evidence is taken under oath and recorded, and allows
for cross examination. All essential
elements must be proven beyond a reasonable doubt. Fines
can not be altered. Dog infraction ticket disputes are often complex
by nature of the complaint, witnesses involved and defence argument.
The volume of tickets written by Regional District Bylaw
Enforcement Officers are for Dog Control contraventions. Tickets are
not issued in the weed program, work is carried out by the Regional
District of Central Okanagan, and costs are added to taxes.
The attached schedule shows a one year measurement in the Dog
Control function for tickets issued and dispute results. Estimated
costs of $400 for each dispute through the screening process and
Adjudication Hearing could reach $24,400 annually. However, any
changes or costs to our current system will trigger a review of the
Adjudication System.
Respectfully submitted,
Rhoda Mueller
Chief Bylaw Enforcement Officer
Dan Plamondon, Manager Development & Environmental Services |

September 21, 2009 Regional District of Central Okanagan
Regional Board Agenda
Item
6.2 Building Violation 4017 Westside Road.pdf
Regional Board Report
TO: Regional Board
FROM: Ray Paterson, Chief Building Inspector
DATE: June 26, 2009
SUBJECT: Building Violation, Lot 8, Plan 24696, District Lot 4499
4017 Westside Road (Central Okanagan West Electoral Area)
Notice
to be Placed on Title - Owner: Suetter
Date of Meeting: September 21, 2009
RECOMMENDATION:
That the Regional Board direct that a notice be filed on the title
Lot 8, Plan 24696, O,D,Y,D" pursuant to Section 57 of the Community
Charter Act, and pursuant to that section of the Community Charter
Act, further information regarding the notice be limited to the fact
that:
1, The construction of a residential addition, built under the
authority of Building Permit #4093/06, has not been finalized, which
is a violation of Regional District of Central Okanagan Building
Bylaw #835.
BACKGROUND:
On September 25, 2006, Building Permit #4093/06 was issued
authorizing the construction of a residential addition on the above
noted property, To date, the project has not received final approval
from this office, The following attempts have been made to have the
permit finalized:
1. A letter was forwarded to the owner in this regard on January
16, May 21, November 14, 2008 and May 6,2009.
2. On June 24, 2009 the area building
inspector conducted a site visit and noted some deficiencies. The
owner has indicated he does not intend to correct the deficiencies.
The owner was advised that we would be proceeding to place a Title
Notice on the above noted property.
---------------------
June 26, 2009
Certified LP 096218293 and Regular Mail
Harry, Ryan and Jess Seutter
51466 Range Road 232
Sherwood Park, AB T8B 1L1
Dear Harry, Ryan and Jess Seutter:
Re: Building Bylaw Violation, Notice to
be Placed on Title Lot 8, Plan 24696, 4017 Westside Road
Please be advised that the attached report has been prepared for
the Regional District of Central Okanagan Board of Directors.
If this recommendation is accepted, a notice will be filed on the
property title in the Land Title Office, stating that:
a) A resolution relating to that land has been made under
Section 57 of the Community Charter Act.
b) Further information respecting it may be inspected at the office
of the Regional District of Central Okanagan.
Please note that the information relating to the notice will be
restricted to the facts outlined in the accompanying report.
Be advised also that once a title notice is formally registered
on the title of the property, a new permit will be required in order
to complete the work, have it inspected and the title notice
subsequently removed.
The report will be dealt with at the September 21,2009, meeting
of the Regional District of Central Okanagan Board of Directors, to
be held at the Regional District of Central Okanagan Office at 1450
K.L.O. Road, Kelowna, B.C., at 7:00 p.m.
Yours truly
Ray Paterson, R.B.O.
Chief Building Inspector |

September
21, 2009 Regional District of Central Okanagan Regional Board
Minutes6.2 Building Violation - Lot 8, Plan 24696,
District Lot 4499, 4017 Westside Road (Central Okanagan West
Electoral Area) Notice to be placed on Title - Owner: Suetter (All
Directors - Unweighted Vote)
BAKER/EDGSON
THAT the Regional Board direct that a
notice be filed on the title Lot 8, Plan 24696, District
Lot 4499,4017 Westside Road, G,D,Y.D" pursuant to
Section 57 of the Community Charter Act, and pursuant to
that section of the Community Charter Act, further information
regarding the notice be limited to the fact that:
1, The construction of a residential addition, built under the
authority of Building Permit #4093/06, has not been finalized, which
is a violation of
Regional District of Central Okanagan Building Bylaw No, 835.
CARRIED |

September 21, 2009 Regional District of Central
Okanagan Regional Board Agenda
Item
6.5 Building Violation 9527 Kilkenny Place.pdf
Regional Board Report
TO: Regional Board
FROM: Ray Patterson, Chief Building Inspector
DATE: July 27,2009
SUBJECT: Building Violation, Lot 175, Plan 11592, District
Lot 2197 9527 Kilkenny Place (Central Okanagan West
Electoral Area)
Notice to be Placed on Title - Owner: Carr
Date of Meeting: September 21, 2009
RECOMMENDATION:
That the Regional Board direct that a
notice be filed on the title
of Lot 175, Plan 11592 O.D.Y.D., pursuant to
Section 57 of the Community Charter Act, and pursuant to
that section of the Community Charter Act, further
information regarding the notice be limited to the fact
that:
1. The construction of a wash house addition to a
boathouse/garage on the above noted property has not been
issued a building permit, which is a violation of Regional
District of Central Okanagan Building Bylaw #835.
BACKGROUND:
On May 7,2007,
application #07/342 for a wash house addition to a
boathouse/garage was submitted, to date no building permit
has been issued. The following attempts have
been made to have the permit finalized:
1. A fax was forwarded to the owner May 25, 2007 advising
of the items required to pickup the
Building Permit.
2. A letter was forwarded to the owner May 22, 2008, an
extension was given to October, 2008. A letter was sent
November 14,2008 advising the owner that
due to lack of progress the
application would be cancelled. On May 21,2009 a
letter was sent advising the owner we would be
proceeding to place a Title Notice on
the above noted property.
--------------------
June 26, 2009
Certified LP 096 218 280 CA and Regular Mail
John and Susan Carr
1310 Harbour Drive
Coquitlam BC V3J 5T9
Dear Mr. and Mrs. Carr,
Re: Building Bylaw Violation, Notice to be Placed on
Title Lot 175, Plan 11592, District Lot 2197,9527 Kilkenny
Place
Please be advised that the attached report has been
prepared for the Regional District of Central Okanagan Board
of Directors.
If this recommendation is accepted, a notice will be
filed on the property title in the Land Title Office,
stating that:
a) A resolution relating to that land has been made under
Section 57 of the Community Charter Act.
b) Further information respecting it may be inspected at
the office of the Regional District of Central Okanagan.
Please note that the information relating to the notice
will be restricted to the facts outlined in the accompanying
report.
Be advised also that once a title notice is formally
registered on the title of the property, a new permit will
be required in order to complete the work, have it inspected
and the title notice subsequently removed.
The report will be dealt with at the September 21,2009,
meeting of the Regional District of Central Okanagan Board
of Directors, to be held at the Regional District of Central
Okanagan Office at 1450 K.L.O. Road, Kelowna, B.C., at 7:00
p.m.
Yours truly,
Ray Paterson, R.B.O.
Chief Building Inspector |

September
21, 2009 Regional District of Central Okanagan Regional
Board Minutes6.5 Building Violation - Lot 175,
Plan 11592, District Lot 2197,9527 Kilkenny Place (Central
Okanagan West Electoral Area) Notice to be placed on Title -
Owner: Carr (All Directors - Unweighted Vote)
EDGSON/OPHUS
THAT the Regional Board direct that a notice be filed on the
title of Lot 175, Plan 11592, District Lot 2197, 9527
Kilkenny Place, O.D.Y.D., pursuant to
Section 57 of the Community Charter Act, and pursuant to that section of the
Community Charter Act, further information regarding the
notice be limited to the fact that:
1. The construction of a wash house addition to a
boathouse/garage on the above noted property
has not been
issued a building permit, which is a violation of Regional
District of Central Okanagan Building Bylaw No. 835.
CARRIED |

August
24, 2009 Regional District of Central Okanagan Regional
Board Minutes6. DEVELOPMENT AND ENVIRONMENTAL
SERVICES
Inspection:
6.1 Bylaw Enforcement Officer Appointments (All Directors
- Unweighted Vote)
SHEPHERD/JAMES
THAT Wendy Brown be appointed as a
Bylaw Enforcement Officer for all Regional District of
Central Okanagan bylaws;
AND THAT Leah Giesbrecht be appointed as a Bylaw
Enforcement Officer and Dog Control Officer for the dog
control bylaws and dog related issues of the Parks bylaws;
AND FURTHER THAT Bob Schmidt, Whitney Siegmann and Annie
Lucas be appointed as Bylaw Enforcement Officers and Dog
Control Officers for the dog control bylaws and dog related
issues of the Parks bylaws.
CARRIED |

July 9, 2009 Governance and Services Committee Agenda Item 5.3
RDCO's Building Bylaw Contravention Notice, Stop Work Orders and Notice on Title
July
9, 2009 Regional District of Central Okanagan Regional Board
Minutes
1.1 Inactive Building Permits/Stop Work Orders with a Bylaw
Contravention Notice
Staff report dated June 25, 2009 provided the background
and purpose for implementing a Board policy on bylaw
contravention notices.
#164/09 BAKER/SHEPHERD
THAT the Regional Board endorse the
policy for closing
inactive building permits/stop work orders with a bylaw
contravention notice:
1. Building Permits that are inactive for more than one
year period.
2. Buildings that are occupied without approval where
occupancy has not been granted, regardless of time-frame.
3. Building Permits that are still active but are not
completed within four years from the date of permit
issuance.
CARRIED |

July 9, 2009 Governance & Services Committee Meeting Minutes
Inspection
5.3 Inactive Building Permits/Stop Work Orders with a
Bylaw Contravention Notice
Staff report dated June 25, 2009 outlined recommendations
on how the Regional District can deal with inactive building
permits/stop work orders with a bylaw contravention notice.
Concern had been expressed that the Regional District may be
allowing too much time for owners to comply with
regulations.
#GS60/09 BAKER/EDGSON
THAT the Governance and Services Committee recommends to the
Regional Board to endorse the policy for closing inactive
building permits/stop work orders with a bylaw contravention
notice:
1. Building Permits that are
inactive for more
than a one year period.
2. Buildings that are occupied without approval
where occupancy has
not been granted, regardless of time-frame.
3. Building Permits that are still active but are
not completed within
four years from the date of permit issuance.
CARRIED |

June 22, 2009 Regional District of Central Okanagan Regional
Board Minutes6. DEVELOPMENT AND ENVIRONMENTAL
SERVICES
Inspection:
6.2 Building Violation - Strata Lot 84, Strata Plan
KAS2428 [La Casa Strata],
District Lot 3849, 84-6808 Westside Road (Central Okanagan
West Electoral Area) Notice to be placed on Title - Owner:
0697133 B.C. Limited (All Directors - Unweighted Vote)
WITHDRAWN FROM AGENDA
6.3 Building Violation - Strata Lot 5, Strata Plan KAS
1512, District Lot 2186 [Wilson's
Landing], 5-1750 Westside Road (Central Okanagan
West Electoral Area) Notice to be placed on Title - Owner:
Zetti (All Directors - Unweighted Vote)
EDGSON/OPHUS
THAT the Regional Board direct that a
notice be filed on the title of Strata
Lot 5, Plan KAS1512, District Lot 2186, O.D.YD.
,pursuant to
Section 57 of the Community Charter Act, and
pursuant to that section of the Community Charter Act,
further information regarding the notice be limited to the
fact that:
1. The construction of an
in-ground pool, built under the authority of
Building Permit #1493/04, has not been finalized, which is a
violation of Regional District of Central Okanagan Building
Bylaw No. 835.
CARRIED |

May
25, 2009 Regional District of Central Okanagan Regular Board
Meeting Minutes (Pg. 4)
6. DEVELOPMENT AND
ENVIRONMENTAL SERVICES
Inspection:
6.1 Building Statistics - April 2009 (All Directors -
Unweighted Vote)
BAKER/EDGSON
THAT the building statistics for the month of April 2008
where ten permits were issued for a total value of $12,250
and the
January-April 2009
year-to-date statistics where 39 permits have been issued
for a total value of $1,912,300 be received.
CARRIED
----------------
6.2 Building Violation - Lot 9, Plan 20608, District Lot
2922, 7968 Alpine Road (Central Okanagan West Electoral
Area) Notice to be placed on Title - Hull (All Directors -
Unweighted Vote)
EDGSON/BAKER
THAT the Regional District Board direct that a notice be
filed on the tile of Lot 9, Plan 20608, O.D.Y.D., pursuant
to
Section 57 of the Community Charter Act, and pursuant to
that section of the Community Charter Act, further
information regarding the notice be limited to the fact
that:
1. The construction of a residential addition, built
under authority of Building Permit #1890104,
has not been finalized,
which is a violation of Regional District of Central
Okanagan Building Bylaw No. 835.
CARRIED
The question was raised why staff wait so long before
coming forward with a recommendation to place a Notice on
Title, for example in the above building violation it has
been outstanding for three years? The concern is that the
owner may sell their property in the meantime without the
buyer knowing there are outstanding building permit issues
with the property. Staff noted that they try to cooperate
with residents who are making progress on outstanding
building violations and that in some cases it can take a few
years to complete.
SHEPHERD/FINDLATER
THAT staff be directed to develop a Building Violation
Policy to include timelines for completion and notices to
the Board and report back to the Governance and Services
Committee.
CARRIED |

April
27, 2009 - Highlights of the Regional Board Meeting
Wood Burning Appliance Action
The Regional Board has ordered a North Westside property
owner to take remedial action regarding an unauthorized wood
burning appliance. The property owner has 30 days to either
have the device certified as a solid fuel-fired central
heating appliance and obtain a building permit for it, or
remove and destroy it. If those actions aren’t taken, the
Regional District
will remove the unauthorized wood burning appliance at the
expense of the property owner. A building permit
was never issued for the appliance and there has not been
any documentation presented that the device is certified. |

April
27, 2009 Regional District of Central Okanagan Regular Board
Meeting Minutes (Pg, 6)
[Wilson's Landing]6. DEVELOPMENT AND
ENVIRONMENTAL SERVICES
Inspection:
6.1 Building Statistics - March 2009 (All Directors -
Unweighted Vote)
BAKER/FINDLATER
THAT the building statistics for year to date January-March
2009 where 13 permits were issued for a total construction
value of $272,700 and March 2009 statistics where 8 building
permits were issued for a total construction value of
$69.700 be received.
CARRIED
-------------------
Director Given left the meeting at 7:56 p.m.
--------------------
6.2 Building Violation - Strata Lot 8, Plan KAS1512,
District Lot 2186, 8-1750 Westside Road (Central Okanagan
West Electoral Area) - Notice to be placed on Title - Owner:
Jackson and Wilkinson (All Directors Unweighted Vote)
EDGSON/BAKER
THAT the Regional Board direct that a notice be filed on the
title of Strata Lot 8, Plan KAS 1512, O.D.Y.D., District Lot
2186, #8 - 1750 Westside Road, pursuant to
Section 57 of the Community Charter and pursuant to that section of the
Community Charter further information regarding the notice
be limited to the fact that:
1. The construction of a single detached house, built
under the authority of Building Permit #2025/04,
had not been finalized,
which is a violation of Regional District of Central
Okanagan Building Bylaw No. 835.
CARRIED |

April
27, 2009 Regional District of Central Okanagan Regular Board
Meeting Minutes6.4 Stop Work Order - Violation of
Building Bylaw No. 835 - Owners- 624502 B.C. LTD. & Terry
Urbanowski, Location: 10730 Pinecrest Road, Legal: Lot 83,
D.L . 3688, ODYD, Plan 24680 Central Okanagan West Electoral
Area. (Deferred from February 23, 2009 Board Meeting) (All
Directors Unweighted Vote)
As directed by the Regional Board at its February 23,
2009 meeting, legal advice was obtained on how to proceed
with the violation of the building bylaw. Staff have
proceeded with municipal ticketing for not obtaining a building permit and one for causing a
nuisance. These were delivered by registered mail
to Mr. Urbanowski.
It was noted that a number of correspondence has been
received from Mr. Urbanowski and these have been copied for
the Regional Board. Chair Hobson asked if the owner was in
the gallery to respond to the Board resolution. Mr.
Urbanowski was not in attendance at the meeting.
EDGSON/REID
THAT the Regional Board of the Regional District of Central
Okanagan pursuant to
Division 12 of Part 3 of the Community Charter
hereby resolves that:
1. The wood burning appliance located at 10730 Pinecrest
Road, Vernon, British Columbia, legally described as Lot 83,
District Lot 3688, O.D.YD. District, Plan 24680, PID
005-864-101 is considered to be in, or creates an unsafe
condition or contravenes the Provincial Building Regulation
or bylaw under
Division 2 of Part 21 of the Local Government Act.
2. The owner/agent/lessee and occupier of the building is
hereby ordered to take the following remedial action with 30
days of the receipt of Notice of this Order:
a)
Remove or demolish the wood burning appliance; or
b) Have the wood burning appliance certified to
CAN/CSA-B366. 1.M91 "Solid Fuel- Fired Central Heating
Appliance"
and obtain a Building Permit for the appliance.
AND BE IT FURTHER RESOLVED that the Chief Building
Inspector of the Regional District of Central Okanagan BE
AND IS HEREBY AUTHORIZED in default of such remedial
measures being undertaken by the owner, occupier or tenant,
to carryout or have such work carried out and the
expense charged to the owner, occupier or tenant. If
unpaid on December 31 in the year in which the work is done,
the expense shall be added to and form part of the taxes to
be paid on the real property as taxes in arrears or be
collected as a debt.
CARRIED |


February
23, 2009 Regional District of Central Okanagan Regular Board
Meeting Minutes6. DEVELOPMENT AND ENVIRONMENTAL
SERVICES
Inspection:
6.1 Building Statistics - January 2009 (All Directors - Unweighted Vote)
FINDLATER/EDGSON
THAT the building statistics for January 2009 whereby 9
permits were issued for a total construction value of
$262,500 be received.
CARRIED
------------------
6.2 Building Bylaw Violation & Smoke Control Regulatory
Bylaw Violation Lot 83, D,L. 3688, ODYD, Plan 24680 - 10730
Pinecrest Road (All Directors Unweighted Vote)
6.3 Stop Work Order - Violation of
Building Bylaw No. 935
& Violation of
Smoke Control Regulatory Bylaw No. 773 Owners
- 624502 B.C. LTD. & Terry Urbanowski, 10730 Pinecrest Road,
Lot 83, D,L . 3688, ODYD, Plan 24680 Central Okanagan West
Electoral Area
Chief Building Inspector report dated February 3, 2009
outlined the violation of
Building Bylaw No. 935 and
violation of
Smoke Control Regulatory Bylaw No. 773.
The subject property has an unauthorized wood burning
appliance (boiler) being used as the primary heat source for
the single-detached house. A building permit has never been
issued for the boiler which is home-built and not certified.
As a result of a complaint received by the department, a
Stop Work Order was posted on October 20, 2008. A number of
communications have occurred between staff and the owner
since that time but the owner continues to use the boiler
even though he is aware he is in violation of the above
bylaws and ongoing complaints for excessive smoke are
received.
Three options were reviewed:
place bylaw contravention notice;
obtain a court injunction to remove the boiler;
prepare a bylaw for the demolition of the boiler (a bylaw
would require a
public hearing)
Questions from the Board:
Has staff given the owner the ability to bring this issue
into compliance? Yes, but the owner has to date refused to
have the boiler certified or stop burning. Mr. Urbanowski
has stated that he believes it is constitutional right to
use the boiler.
It is believed the unit was put into service in October.
The complaints began shortly thereafter.
It was noted that even if the ticket is paid the owner is
still not in compliance. Issuing of
ticket(s) will not resolve the non-compliance issue.
The owner has been given all the information to
comply with the building permit.
Mr. Urbanowski addressed the Board
The owner expressed concerns whether Regional District staff
investigated the bylaw infraction. He provided an 'affidavit
of truth' signed by seven neighbors claiming the boiler does
not cause a smoke nuisance to them.
The question was raised why the owner has not complied
with the order to have the boiler certified. Mr. Urbanowski
believes the boiler is exempt from bylaw to comply with EPA
regulations or CSA standards. He believes he is exempt as
the boiler is a low pressure boiler and that he designed it
around already existing equipment that meets CSA approval.
He believes that CSA
approved boilers may also produce smoke. He stated
that he believes the movement of the air is opposite of his
neighbor mostly affecting his home. He noted that it would
likely cost approximately $5,000 to have an engineer certify
the boiler.
Questions from the Board:
Why was a building permit not sought? Urbanowski: He did not
know it had to be CSA approved or that a building permit was
required and did not ask the Regional District before
proceeding to built it.
Staff noted that the building
bylaw does state a building permit is required.
The pictures provided show a great deal of smoke.
Urbanowski: Stated the pictures would show smoke once every
hour and a half and would be for a few minutes only.
Have you looked at the smoke control bylaw? Urbanowski:
Believes he meets the bylaw specification.
How did you arrive at the figure to get it certified? An
engineer would be required to come out to certify-this is an
estimate only.
Is it possible to have an inspector determine if it is
possible to get CSA approved? Staff' A third party (a
professional engineer) would be required to determine this.
The smoke control bylaw is complaint driven-if it affects
one person, the person lodges a complaint and provides
evidence a ticket is issued.
How long does it take to get a court order? It could take
a number of months to get an order.
Can the owner apply for a building permit? Staff would
not issue a building permit for a device that is not
certified.
EDGSON/BAKER
THAT staff be directed to draft a demolition and removal
bylaw to be brought back to the Board for first reading.
Amendment: Before the Board voted a discussion ensued
that staff seek legal advice on the various options
recommended.
SHEPHERD/FINDLATER
THAT the Regional Board DEFER any decision on the Violation
of Building Bylaw No. 935 & Violation of Smoke Control
Regulatory Bylaw No. 773 until further legal advice is
sought on the options recommended.
CARRIED
****NOTE **** about the above
Building Bylaw No. 935,
the Building Bylaw is not number 935, it is number 835. RDCO made a
mistake. |
Smoke Control Extended Service Establishment Bylaw No. 759, 1998
Smoke Control Regulatory Amendment Bylaw No. 1218, 2007 - Amends Bylaw No.
773
Smoke Control Regulatory Amendment Bylaw No. 1130, 2005 - Amends Bylaw No.
773
Smoke Control Regulatory Amendment Bylaw No. 1059, 2004 - Amends Bylaw No.
773
Smoke Control Regulatory Amendment Bylaw No. 969, 2002 - Amends Bylaw No.
773
Smoke Control Regulatory Amending Bylaw No. 781, 1998 - Amends Bylaw No. 773
Smoke Control Regulatory Bylaw No. 773, 1998 - Amended By Bylaw No. 781,
Bylaw No. 969, Bylaw No. 1059, Bylaw No. 1130, Bylaw No. 1218
RDCO's Bylaws

More info about building violations
Letter to
RDCO re: Building Violation
About RDCO
Building Inspection
Bylaws

RDCO Bylaw #96
Neighborhood Licensed Public House for Commercial and LUC zones.

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