MERGED AGENDA
SPECIAL COUNCIL MEETING

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SHAW AUDITORIUM, VANCOUVER ISLAND CONFERENCE CENTRE
80 COMMERCIAL STREET, NANAIMO, BC

SCHEDULED RECESS AT 9:00 P.M.


To be introduced by David Laberge, Director, Public Safety.


Purpose:  To inform Council that the building at 540 Haliburton Street is dilapidated and hazardous, and to recommend that a Remedial Action Requirement be issued to have the building structure assessed and remediated or to demolish.


Recommendation:  That Council:


1.  Declare that the building at 540 Haliburton Street is unsafe and creates hazardous conditions and is so dilapidated as to be offensive to the community.


2.  Impose remedial action requirements in relation to the provisions of sections 72, 73 and 74 of the Community Charter.


3.  Direct the remedial action requirements to include:

a.  The owner must retain a qualified structural engineer who does not have an interest in the property to conduct a thorough assessment of the building.  The assessment should determine whether the building is safe to remain as is. 

b.  If the structural assessment reveals significant safety issues, the owner must:

i.  Submit the findings to the City of Nanaimo Building Inspection Department for review, and,

ii.  Submit a complete building permit application with all required documentation which includes a complete set of drawings which have been reviewed and approved by a structural engineer and a hazardous materials survey done by a registered environmental company in accordance with WorkSafeBC guidelines which details a scope of work to completely remediate all hazardous conditions and structural deficiencies, or,

 iii.  Obtain an approved permit and demolish the building.

c.  The structural assessment must be completed and submitted to the Building Inspection Department for review within 30 days from the date the remedial action requirement is imposed.

d.  If the structural assessment reveals significant safety issues, a complete building permit or demolition permit application must be submitted within 60 days from the date the remedial action requirement is imposed.

e.  The building or demolition permit must be picked up and paid within full within 14 days of issuance.

f.  The scope of work set out in the building permit or building demolition must be completed within 90 days of the date the permit is issued.


4.  Direct Staff to advise the owner that they may request Council reconsider the Remedial Action Requirement by providing written notice within 14 days of the date on which notice of the remedial action requirement was sent.


5.  Direct Staff or authorized agents to act in accordance with Section 17 of the Community Charter without further notice and at the owner’s expense if the said remedial action is not undertaken within the timeline set out in the Council resolution.

To be introduced by David Laberge, Director, Public Safety.


Purpose:  To inform Council of ongoing activities at 454 Watfield Avenue which substantially and unreasonably interfere with other persons’ use and enjoyment of property resulting in repeated calls for bylaw, animal control and police services to abate nuisances.


Recommendation:  That Council declare 454 Watfield Avenue a “Nuisance” pursuant to "Nuisance Abatement and Cost Recovery Bylaw 2019 No. 7250" and to authorize Staff to record and charge for municipal services including policing required to abate nuisance activity.

To be introduced by Darcy Fox, Manager, Building Inspections. 


Purpose:  To obtain Council authorization to proceed with the registration of a Bylaw Contravention Notice on the property title of 4470 Burma Road.


Recommendation:  That Council direct the Corporate Officer to file a Bylaw Contravention Notice at the Land Title and Survey Authority of British Columbia under Section 57 of the Community Charter for the property located at 4470 Burma Road for construction not completed as per the conditions of the building permit.

To be introduced by Darcy Fox, Manager, Building Inspections. 


Purpose:  To obtain Council authorization to proceed with the registration of a Bylaw Contravention Notice on the property title of 477 Wallace Street.


Recommendation:  That Council direct the Corporate Officer to file a Bylaw Contravention Notice at the Land Title and Survey Authority of British Columbia under Section 57 of the Community Charter for the property located at 477 Wallace Street for construction not completed as per the conditions of the building permit.

To be introduced by Darcy Fox, Manager, Building Inspections. 


Purpose:  To obtain Council authorization to proceed with the registration of a Bylaw Contravention Notice on the property title of 1013 Bruce Avenue.


Recommendation:  That Council direct the Corporate Officer to file a Bylaw Contravention Notice at the Land Title and Survey Authority of British Columbia under Section 57 of the Community Charter for the property located at 1013 Bruce Avenue for construction started without a building permit in contravention of “Building Bylaw 2016 No. 7224”.

To be introduced by Darcy Fox, Manager, Building Inspections. 


Purpose:  To obtain Council authorization to proceed with the registration of a Bylaw Contravention Notice on the property title of 405 Prideaux Street.


Recommendation:  That Council direct the Corporate Officer to file a Bylaw Contravention Notice at the Land Title and Survey Authority of British Columbia under Section 57 of the Community Charter for the property located at 405 Prideaux Street for construction started without a building permit in contravention of “Building Bylaw 2016 No. 7224”.

To be introduced by Darcy Fox, Manager, Building Inspections. 


Purpose:  To obtain Council authorization to proceed with the registration of a Bylaw Contravention Notice on the property title of 5607 Big Bear Ridge.


Recommendation:  That Council direct the Corporate Officer to file a Bylaw Contravention Notice at the Land Title and Survey Authority of British Columbia under Section 57 of the Community Charter for the property located at 5607 Big Bear Ridge for construction started without a building permit in contravention of “Building Bylaw 2016 No. 7224”.

To be introduced by Darcy Fox, Manager, Building Inspections. 


Purpose:  To obtain Council authorization to proceed with the registration of a Bylaw Contravention Notice on the property title of 6415 Invermere Road.


Recommendation:  That Council direct the Corporate Officer to file a Bylaw Contravention Notice at the Land Title and Survey Authority of British Columbia under Section 57 of the Community Charter for the property located at 6415 Invermere Road for construction started without a building permit in contravention of “Building Bylaw 2016 No. 7224”.

To be introduced by Darcy Fox, Manager, Building Inspections. 


Purpose:  To obtain Council authorization to proceed with the registration of a Bylaw Contravention Notice on the property title of 3860 Norwell Drive.


Recommendation:  That Council direct the Corporate Officer to file a Bylaw Contravention Notice at the Land Title and Survey Authority of British Columbia under Section 57 of the Community Charter for the property located at 3860 Norwell Drive for construction started without a building permit in contravention of “Building Bylaw 2016 No. 7224”.

[Note:  Bylaw to be provided on addendum should Council choose to provide three readings at the 2024-SEP-23 Regular Council Meeting.]

That “Bylaw Notice Enforcement Amendment Bylaw 2024 No. 7159.21” (to amend Schedules B and C – Registry Agreement to authorize the Cowichan Valley Regional District to participate in the City’s Dispute Adjudication Registry System) be adopted.