RDNO drops the hammer on rogue construction

The Regional District of North Okanagan (RDNO) has taken the rare step of putting “notice on title” against two property owners in Electoral Area “F” that have constructed homes and outbuildings without proper permits.

Notice on title in a non-punitive measure that ensures the land owners are notified that they need to apply for permits, and limits RDNO’s liability.

“Our goal here is to try get the buildings inspected and bring them into compliance, without taking any punitive action,” Rob Smailes General Manager, Planning and Building, said.

Both properties are located on Grandview Bench Road, the first a 40 acre parcel owned by Eng Lim and Nyat Lai at E1/2 of S1/2 of NE1/4, Section 26, Twp 19, Range 9, W6M, KDYD.

The property was investigated after the owner made a request for an address. The site inspection conducted in May of 2019 by the Chief Building Inspector revealed the owner was constructing what appeared to be a two storey single family dwelling, a smaller cabin and an accessory building, all without building permits or inspections. All buildings appeared to be at the lockup stage with roofs on, windows installed, and house wrap on, but without siding.

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The BC Assessment Authority has appraised the value of the buildings to be $190,000 for 2019.

Two registered letters were sent to the owner ordering that building permits be applied for. The Chief Building Inspector has spoken to the owner once in person and once by phone. After 12 months, the owner has not applied for building permits. During a site inspection the owner was present and would not allow entry into the buildings or photos to be taken

The second property is a 20 acre parcel owned by Beverly Bleasdale, with a legal description of Part S1/2 of S1/2 of N1/2 of NE1/4, Sec 26, Twp 19, R9, W6M, KDYD.

This property was investigated after a request for an address at a neighbouring property. In May of 2019, the Chief Building Inspector attended the property and observed that a two storey single family dwelling was under construction and at the lock up stage.

BC Assessment Authority puts the value of this house at $369,000.

Someone, who staff believe to be the property owner’s husband or partner, was in attendance and ordered the Chief Building Inspector to stay off his property and not to take photos. He further stated he could legally use force to defend his property. Two registered letters were sent to the owner, the second letter came back “refused”.

According to provincial legislation, building inspectors may enter any land, building or premises at any reasonable time for the purpose of inspection. If the residence is occupied the inspector must obtain the consent of the occupant or provide written notice to the occupant 24 hours in advance of entry.

The Chief Building Inspector attempted to hand deliver a letter on November 7, 2019.The same person during the initial site inspection was leaving the property in a truck as the Chief Building Inspector entered with bylaw enforcement staff. When approached, he locked his doors and would not make contact or respond. The letter was left on the front porch of the house.

After 12 months the owner has not applied for a building permit.

“I recall we dealt with a few of these in Vernon, and we could issue fairly significant daily fines,” Director Akbal Mund said.

If the notice on title is ignored legal action could be taken. According to the RDNO building bylaw 2670 -2015, fines of $10,000 dollars per day can be levied, or up to six months in jail.

Further non-compliance could potentially result in the structures being removed and the cost registered against the property.