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HomeMy WebLinkAbout2000-08-21 Council Meeting Agenda and ReportsCorporation of the District of Maple Ridge SPECIAL COUNCIL MEETING A GENDA August 21, 2000 3:00p.m. Council Chamber, Municipal Hall 11995 Haney Place, Maple Ridge, B. C. 1. Show Cause Hearing Pursuant to Section 235 of the Local Government Act regarding property located at 22649 - 119 Avenue, Maple Ridge having a legal description of: Parcel Identifier 009-747-656; Lot 1, District Lot 401, Group 1, New Westminster District, Plan 12640. CORPORATION OF THE DISTRICT OF MAPLE RIDGE NOTICE OF SPECIAL COUNCIL MEETING Please be advised that a Special Council Meeting has been called pursuant to Section 235 of the Local Government Act, as follows: DATE: August 21, 2000 HOUR: 3:00 pm PLACE: Council Chamber Municipal Hall A GENDA A Special Council Meeting is called pursuant to Section 235 of the Local Government Act as the subject matter being considered relates to the following property: 1. Show Cause Hearing pursuant to Section 727 of the Local Government Act regarding property located at 22649 - 119th Avenue, Maple Ridge, British Columbia having a legal description of: Parcel Identifier: 009-747-65 6 Lot 1 1 District Lot 401, Group 1 New Westminster District Plan 12640 Dated this 17th day of July, 2000 Corporation of the District of Maple Ridge 11995 Haney Place, Maple Ridge, B.C. V2X 6A9 NIIAIPLE XE Telephone: (604) 463-5221 Fax: (604) 467-7329 E-mail: enquiries@mapleridge.org Incorporated 12 September, 1874 .'• 'JUL 2 7 2000 July 26, 2000 File No. 2000-1 745 Mr. Ken Lau 9840 Deagle Road Richmond, BC V7A 1R2 Dear Mr. Lau: REGISTERED MAIL FAXED: 278-2272 Re: Civic Description: 22649-119 Ave, Maple Ridge, BC Legal Description: Parcel Identifier: 009-747-656, Lot 1, District Lot 401, Group 1, New Westminster District Plan 12640 This letter serves to advise you that an on-site inspection of 2000.07.21 at the subject address confirmed the dwelling remains insecure. At your request, we have rescheduled the Show Cause Hearing set for July 17, 2000 to the following: Date: August 21, 2000 at 3:00 p.m. Location: District of Maple Ridge Municipal Hall at 11995 Haney Place, Maple Ridge, BC We again refer to the Municipal Act Section 727 that states that Mayor and Council has the authonty to make an Order to demolish a dangerous or nuisance structure Should yóu àryour partner ora deinte fail to attend this hearing, Mayor and Council may issue the Order in your absence. We would welcome the opportunity to discuss this matter further at your convenience prior to the Show Cause Hearing. ./page 2 /0 "Promoting a Safe and Livable Community for our Present and Future Citizens" 0 100% Recycled Paper Page 2 Should you require further information or clarification, please do not hesitate to contact the undersigned at 467-7305. Yours truly ocp~ ~~_ I By-law Enforcement Officer 1dm Attachments: Section 727 of the Municipal Act Notice of Special Council Meeting - August 21st, 2000 Copy of July 17th, 2000 Letter to Lau and Lee Notice of Special Council Meeting - July 1 7th, 2000 Minutes of Special Council Meeting Council Resolution of July 1 7th, 2000 Copy of June 30th, 2000 Letter to Lau and Lee cc: Mr. P. Lee, Registered Owner Dane Spence, Deputy Chief, Manager of Community Safety Services Terry Fryer, Municipal Clerk Cst. Bernie Smandych, RCMP Sgt. George Beattie, RCMP 1996 MuNicn'u. AcT RS CRAP. 323 (b) obswucnng or impeding the flow of a sneani, creek, waterway, watercourse, waterworks, ditch, drain or sewer, whether or not it is located on private property. 1999-37-159. 1 Fire and security alarm systems 726. (1) In relation to fire alarm systems and security alarm systems, a council may, by bylaw, do one or more of the following: (a) require permits for the operation of these systems and establish fees for these permits; (b) establish fees to be paid by the owner or occupier of real property to which services are provided by or on behalf of the municipality, including policing services under section 3 (2) of the Police Ac4 in response to a false alarm of a system, or by the persons who lease or otherwise provide these systems to the owners or occupiers of real property if services referred to in subparagraph (1) are provided in response to a false alarm of a system; (c) provide that a fee under paragraph (b) (i), if unpaid, may be added to and form part of the taxes payable on the real property as taxes in arrear, (d) exercise powers given by regulation under subsection (3); (e) establish exemptions from the application of a bylaw under this section. (2) A fee under subsection (1) (b) may vary in relation to the number of occasions on which services referred to in that subsection are provided. (3) The Lieutenant Governor in Council may, by regulation, grant additional powers to municipalities, including the City of Vancouver, to enact bylaws establishing specified prohibitions, restrictions, requ rements and conditions regarding (i) fire alarm systems and security alarm systems, and (u) the installation, operation, maintenance and repair of these systems, and authorize specified variatios of the provisions of bylaws under paragraph (a). (4) As an exception, a bylaw under this section does not apply to fire alarm systems that are intended to alert only the occupants of the dwelling unit in which they are installed. RS19790-2.1; 1992-795. Removal of dangerous buildings and other structures 727. (1) A council may declare that a building, sbiacnne or erection of any kind, or a drain, ditch, watercourse, pond, swface water or other maner or thing, in or on private land or a highway, or in or about a building or strucve, is a nuisance, and order that it be removed, pulled down?, filled up or otherwise dealt with by its owner, agent, lessee or occupier, as the council may determine and .within the -time- after service of the order (2) The council must give notice of an order under subsection (1) to the following persons, either by serving the order or by sending the order by registered mail: the owner of the land when the nui,nt exists; all other persons who are recorded in the land title office as having an interest in the land; the agent, if known, of the registered owner of the land; the lessee or occupier of the land. (3) On application, the Supreme Court may order that service required by subsection (2) may be made by substituted service in accordance with the order. Sept. 28199 222 Qukkscsfbe Services Ltd. 1996 MLmnAL Acr P.S Ca4.p. 323 (4) If the owner, agent, lessee or occupier fails to comply with an order Within the time pericxV established under subsection (1) (b), the municipality may, by its employees and others, enter on the property and undertake the work required to comply with the order at the expense of the person defaulting. (5) If a nuisance declared under subsection (1) is a building, suuctme or erection, after the end of 60 days from the date of the m2iling of the notice to the owner ier subsection (2), and after the end of the period stated in the order, the council may dispose of the building, smictine or erection, or any part or material in it, by auction sale, by public or private tender, or otherwise. (6) From the proceeds of a sale or other disposal under subsection (5), there must be deducted for municipal use the actual costs, including incidental expenses, incurred by the municipality in carrying out the order, and the remainder of the proceeds must be paid by the municipality to the owner or other person lawfully entitled. (7) This section applies to any building, snucnne or erection of any kind that the council believes is so dilapidated or unclean as to be offensive to the community. - RS1979-O-986: 199248-87: 1999-37-1w. Authority to require nncanitary conditions to be remedied t. 28/99 727.1 (1) Subject to the Health Act, a council may, by bylaw, require a person to remedy or remove an unsanitary condition for which the person is responsible, or which exists on property owned, occupied or conuolled by the person. (2) A bylaw under subsection (1) may provide that. if a person fails to comply with the requirement, the municipality, by its employees or other persons, at reasonable times and in a reasonable manner, may enter on the property and effect the compliance at the expense of the person who has failed to comply. 98-37-181. Firearms, explosives and fireworks 728. (1) A council may, by bylaw, do one or more of the following: regulate or prohibit the discharging of firearms, including air guns, air rifles, air pistols ....4 spring guns; regulate or prohibit the use of bows as defined in the WildUfe Act: regulate or prohibit the use of any explosive agent for blasting, regulate persons engaged in blasting and require persons engaged in blasting to give secutity for damage to persons who, or whose propexty, may be injured by 1t regulate or prohibit the exploding of firecrackers or other fireworks; subject to the Firr"rks AcZ regulate or prohibit the sale or disposal to any person of firecrackers and other fireworks of every unite or kind. A bylaw under subsection (1) (a) to (d) may be applicable throughout the municipality or any defined area of it and may make different regulations for different areas. Despite a bylaw under subsection (1) (d), a council may authorize the issuance of a permit to a person or organization for the purpose of the observance or celebration of a special event or festival by the use of firecrackers or other fireworks of any kind, and may specify terms and conditions. I RS1979-990-9(e),833(1Xa)4b) .198O11;1O8O38-17; 198 -73.3 1992-18-84,85. 1 PART 23—Improvement Districts DIvision 1— General Definitions 729. In this Part "manufactured home" means a single family dwelling manufacuned as a unit. or in units, intended to be occupied in a place other than that of its manufacture, and designed so that it may be drawn or moved from pla place; Sept. 28/99 223 Quickzcribe Services Ltd. Corporation of the District oi Maple Ridge 11995 Haney Place, Maple Ridge, B.C. V2X 6A9 Telephone: (604) 463-5221 Fax: (604) 467-7329 JL.PLE RIIJGE E-mail: enquiries@mapleridge.org Incoipozated 12 September, 1874 July 17, 2000 c2L '7 TI 3'/ Registered Mall Fax: APEX Insurance at 278-2272 Regular Mail File No. 2000-1745 Mr. Ken Lau 9840 Deagle Road Richmond, BC V7A 1R2 Dear Mr. Lau: Re: 22649 119 Avenue, Maple Ridge, BC Parcel Identifier 009-747-656 Lot 1, District Lot 401, Group 1 New Westminster District Plan 12640 Further to our conversation of 2000.07.14, we wish to confirm the following: • You deny having received the Registered Letter we sent to you on June 30, 2000. • You further deny having received the faxed version of the same letter we sent to your office at 278-2272 on the same date. • When requested by By-law Enforcement Officer, Diane Merenick to provide a letter of explanation stating the above verbal information, you refused by stating that you were too busy. • You were not prepared to attend the Show Cause Hearing dated July 17, 2000. We are concerned by your lack of co-operation due to the liability this poses to the property owners as well as the safety factor for members of our community. Our records show that since May 29, 2000, the dwelling on the subject property has remained insecure. We have sent letters to your office and your home to notify you as well as letters to Mr. Lee's home address and still the property remains insecure as of July 15, 2000. "Promoting a Safe and Livable Community for our Present and Fu ture Citizens" 100% Recycled Paper Mr. Ken Lan Page 2 File No. 2000-1 745 July 17, 2000 We would strongly recommend that you voluntarily demolish the dwellings on the subject property. In the meantime, we order you to secure the buildings on the subject property. Should you fail to do so, we will be in a position to go before Council in a newly scheduled Show Cause Hearing to request that Council order the buildings demolished. We will advise you of the new Show Cause Hearing date at our earliest opportunity. Should you require further clarification, please do not hesitate to contact the undersigned. Yours truly, Diane Merenick By-law Enforcement Officer 1dm Attachments cc: Vancity Credit Union - Attention: Betty Mr. K. Lau do APEXinsurance - Faxed, Regular Mail and Registered Mail Mr. P. Lee - Property Owner - Regular and Registered Mail Dane Spence, Manager of Community Fire Safety Sgt. George Beattie, RCMP Corporation of the District of Maple Ridge SPECIAL COUNCIL MEETING MINUTES Monday, July 17, 2000 The Minutes of the Special Council Meeting, being a Show Cause Hearing, Pursuant to Section 727 of the Local Government Act, held in the Council Chamber of the Municipal Hall, 11995 Haney Place, Maple Ridge, British Columbia, on Monday, July 17, 2000 at 3:00 pm. PRESENT Elected Officials Councillor F. Isaac, Acting Mayor Councillor C. Gordon Councillor J. Harris Councillor L. King Councillor K. Morse Councillor C. Speirs Excused Mayor A. Hogarth Municipal Staff M. Murray, Acting Chief Administrative Officer T. Fryer, Municipal Clerk D. Merenick, Bylaw Services Supervisor D. Spence, D/Chief, Manager of Community Safety S. Belley, Acting Confidential Secretary The Acting Mayor called the meeting to order at 3:00 pm. Show Cause Hearing regarding property located at 22649 - 119 ' Avenue, Maple Ridge, British Columbia The Acting Mayor called on the Bylaw Services Supervisor. The Bylaw Services Supervisor informed Council that to date the owner has not received notice regarding the hearing, and to date has not acknowledged correspondence sent to him regarding the above-noted matter. Accordingly, she is seeking an adjournment today in order to personally serve all parties in connection with this issue. Council questioned how the Bylaw Services Supervisor knows the owner has not been served. In response, she advised of the steps taken to notify Mr. Lau and Mr. Lee by registered mail and VanCity Savings by facsimile. She further advised that an envelope was returned from Mr. Lee and the envelope from Mr. Lau was unclaimed. She further informed Council that she spoke with Mr. Lau on Friday who stated that he was not aware of the hearing. Council supported a staff recommendation to adjourn the hearing and provide further notice of a hearing scheduled for August 21, 2000. Special Council Meeting Show Cause Hearing Minutes July 17, 2000 Page 2 The following resolution was put forward regarding notice and direction regarding the subject property: MOVED BY Councillor King SECONDED BY Councillor Harris That Council direct staff to serve the registered owner of 22649 - 119 Avenue by registered mail, ordinary mail, and personal service with notice of a hearing pursuant to Section 727 of the Local Government Act for August 21, 2000; and That Council adjourn this hearing until August 21, 2000. CARRIED 2. Adjournment The meeting adjourned at 3:10 pm. Corporation of the District pie Ridge 11995 Haney Place, Maple Ridge, B.C. V2X 6A9 Telephone: (604) 463-5221 Fax: (604) 467-7331 e-mail: enquiries@district.maple-ridge.bc.ca June 30, 2000 File No. 2000-1745 REGISTERED MAlL Mr. Ken Lau 9840 Deagle Road Richmond, BC V7AIR2 Dear Mr. Lau: Re: 22649-1 19 Ave, Maple Ridge, BC Legal Description: Parcel Identifier: 009-747-656, Lot 1, DistrIct Lot 401, Group 1, New Westminster District, Plan 12640 This letter serves to advise you that an on-site inspection of today's date confirms that the dwelling on th e above-mentioned property remns insecure. In the past, we have advised you on numerous occasions that one or both of the buildings on the property are insecure. We refer to our letters dated July 8 and October 29, 1997; September 11 and October 5, 1998; December 23, 1999 and March, March 16, May 3 and June 5, 2000. We have referred this matter to Mayor andCouncil in accordance with Section 727 of the Municipal Act. (Section 727 is attached for your information) We now ask that you attend a Show-Cause Hearing set for July 17, 2000 at 3 p.m. at the District of Maple Ridge Municipal Hall at 11995 Haney Place. This will provide Mayor and Council an opportunity to hear from you and your partner and District representatives with respect to the buildings on your property. Based on the information and evidence provided, Council will then make their deøision as to whether the buildings will remain or be demolished.. Should you require further information or clarification, please do not hesitate to contact the undersigried at 467-7305. Yours truly - Diane M'erenick By-law Enforcement Officer /dm cc: Mr. P. Lee, Registered Owner Dane Spence, Deputy Chief, Managerof Community Safety Services Cst. Bernie Smandych, RCMP Joanne Hertzog, Acting Municipal Clerk "Promoting a Safe and Livable Community for our Present and Future Citizens" 100% Recycled Paper Not Secondarily Bleached or Do-Inked rZO&I N OMMMITIMP S . .• 9 - S lS • 4 June 30, 2000 File No. 2000-1745 Corporation of the District of Maple Ridge 11995 Haney Place, Maple Ridge, B.C. V2X 6A9 Telephone: (604) 463-5221 Fax (604) 467-7331 e-mail: enquiries@district.maple-ridge.bc.ca REGISTERED MAIL Mr. P. Lee 852 Prospect Avenue North Vancouver, BC V7R 2M3 Dear Mr. Lee: Re: 22649-1 19 Ave, Maple Ridge, BC Legal Description: Parcel Identifier: 009-747-656, Lot 1, District Lot 401, Group 1, New Westminster District, Plan 12640 This letter serves to advise you that an on-site inspection of today's date confirms that the dwelling on the above-mentioned property remains insecure. In the past, we have advised you on numerous occasions that one or both of the buildings on the property are insecure. We refer to our letters dated July 8 and October 29, 1997; September 11 and October 5, 1998; December 23, 1999 and March, March 16, May 3 and June 5, 2000. We have referred this matter to Mayor and Council in accordance with Section 727 of the Municipal Act. (Section 727 is attached for your information) We now ask that you attend a Show-Cause Hearing set for July 17, 2000 at 3 p.m. at the District of Maple Ridge Municipal Hall at 11995 Haney Place. This will provide Mayor and Council an opportunity to hear from you and your partner and District representatives with respect to the buildings on your property. Based on the information and evidence provided, Council will then make their decision as to whether the buildings will remain or be demolished.. Should you require further information or clarification, please do not hesitate to contact the undersigned at 467-7305. Yours truly Diane Mèrenick By-law Enforcement Officer /dm cc: Mr. K. Lau, Registered Owner Dane Spence, Deputy Chief, Manager of Community Safety Services Cst. Bernie Smandych, RCMP Joanne Hertzog, Acting Municipal Clerk "Promoting a Safe and Livable Community for our Present and Future Citizens" 4' 100% Recycied Paper Not Secondarily Bleached or Dc-Inked Corporation of the District of Maple Ridge SPECIAL COUNCIL MEETING August 21, 2000 The Minutes of the Special Council Meeting held on August 21, 2000 at 3:00 p.m. in the Council Chamber of the Municipal Hall, 11995 Haney Place, Maple Ridge, British Columbia pursuant to Section 235 of the Local Government Act. PRESENT Elected Officials Appointed Staff Mayor A. Hogarth Mr. R. W. Robertson, Chief Administrative Officer Councillor F. Isaac Mrs. J. Hertzog, Acting Municipal Clerk Councillor J. Harris Mr. J. R. Rudolph, General Manager of Public Works Councillor L. King and Development Services Councillor K. Morse Mr. Brock McDonald, Director of Licences, Permits and By-laws Excused Ms. D. Merenick, By-laws Supervisor Councillor C. Gordon Ms. A. Lavia, Business Licences/By-laws Councillor C. Speirs R.C.M.P. Constable B. Smandych Mr. P. Grootendorst, Manager of Operations, Fire Department Mrs. S. Karasz, Acting Confidential Secretary Show Cause Hearing pursuant to Section 727 of the Local Government Act regarding Property Located at 22649 - 119 Avenue, Maple Ridge, British Columbia, having a Legal Description of Parcel Identifier 009-747-656, Lot 1, District Lot 401, Group 1, New Westminster District Plan 12640. D. Merenick, By-laws Supervisor, advised that the purpose of the Show Cause Hearing is to ask the Mayor and Council to consider issuing an order to have the house and garage (outbuilding) on the subject property demolished. The debris must be removed from the property. She further advised that the registered property owners, namely Mr. Kenneth Lau of Richmond, B. C. and Mr. Po Hsi Lee of North Vancouver, B. C. are not in attendance They were both advised of this Hearing by registered mail and were also process served. Confirmation has been received from the process server indicating that Mr. Lau was served on July 31, 2000 at 2:20 p.m. and Mr. Lee was served on August 3, 2000 at 9:40 a.m. Show Cause Hearing August 21, 2000 Page 2 Ms. Merenick provided a chronological record of the actions taken from July 8, 1997 to date on the property, including visits to the site by the By-law Enforcement staff and letters and phone calls to Mr. Lau and Mr. Lee. She also provided photographs which indicate that unauthorized people have been living on the premises. Constable Smandych reported that the property is unsecured and the dense foliage played a role in a case where break and enter suspects entered onto the property and eluded the police. There have also been complaints from the neigbourhood regarding the insecure and untidy condition of the property. P. Grootendorst, Manager of Operations of the Fire Department, advised that the Fire Department responded on July 7, 1997 to a fire and the property has not been secured. The Fire Department has checked the premises on several occasion and has found evidence of squatters. Mr. Grootendorst expressed concern that the premises in question are very close to an adjacent duplex and if there is another fire it could spread rapidly as the dense foliage would limit early detection. The Mayor advised that a resolution will now be brought forward to the August 22, 2000 Council Meeting for consideration. The Hearing adjourned at 3:25 p.m. A. Hogarth Mayor Certified Correct J. Hertzog, Acting Municipal Clerk SHOW CAUSE HEARING AUGUST 21, 2000 3 P.M. COUNCIL CHAMBERS *Djanes Introduction -Name -Title - By-law Enforcement Services Supervisor *purpose of Show Cause -To ask Mayor and Council to consider issuing an order to have the house and garage (outbuilding) demolished. The debris must be removed from the property. *.Civic Description: 22649-119 Ave, Maple Ridge, BC *.Legal Description: Parcel Identifier: 009-747-656, Lot 1, District Lot 401, Group 1, New Westminster District, Plan 12640 *Registered Owners: Kenneth LAU, Richmond, BC Po Hsi LEE, North Vancouver, BC House Reported Insecure: 1997 - October 28 (reattended November 1997) 1998 - September 10 (reattended September 30 and October 6, 1998) 1999 - December 23, 1999 (reattended January 12, 2000) 2000 - March 7 (reattended to confirm house secured) 2000 - March 16 (reattended March 28 house secured) 2000—April 28 2000 - May 29 (reattended June 9, 16, July 21, (Mark S through July), August 1, 9, 21 Letters Sent: (2) times - July 8 and October 29, 1997; (2) times - September 11 and October 5, 1998; (1) September 14, December 23, 1999; (4) January 12, March 16, May 3, June 5 & 30, July 17 & 26, 2000. Phone Calls to Mr. Lau: October 30, 1997; October 2, 1998; April 29, April 30, May 14, 1999 July 14, 2000 Overgrown Lot: Letter sent 1998.11.17, Second Notice Sent 1999.01.08 Report to Council in April 1999, Lot finally cleared by LAU 1999.05.28 Issues: Insecure Fires (2) Vagrants using the house Party House Unsightly/Untidy Overgrown Graffiti July 26, 2000 File No. 2000-1745 Mr. Ken Lau 9840 Deagle Road Richmond, BC V7A 1R2 Dear Mr. Lau: REGISTERED MAIL FAXED: 278-2272 Re: Civic Description: 22649-119 Ave, Maple Ridge, BC Legal Description: Parcel Identifier: 009-747-656, Lot 1, District Lot 401, Group 1, New Westminster District, Plan 12640 This letter serves to advise you that an on-site inspection of 2000.07.21 at the subject address confirmed the dwelling remains insecure. At your request, we have rescheduled the Show Cause Hearing set for July 17, 2000 to the following: Date: August 21, 2000 at 3:00 p.m. Location: District of Maple Ridge Municipal Hall at 11995 Haney Place, Maple Ridge, BC We again refer to the Municipal Act Section 727 that states that Mayor and Council has the authority to make an Order to demolish a dangerous or nuisance structure. Should you or your partner or a designate fail to attend this hearing, Mayor and Council may issue the Order in your absence. We would welcome the opportunity to discuss this matter further at your convenience prior to the Show Cause Hearing. ... /page2 ;"Promoting a Safe and -- fl - Page 2 Should you require further information or clarification, please do not hesitate to contact the undersigned at 467-7305. Yours truly 0917~ ?_W' Diane Merenick By-law Enforcement Officer 1dm Attachments: Section 727 of the Municipal Act Notice of Special Council Meeting - August 21st, 2000 Copy of July 1 7th, 2000 Letter to Lau and Lee Notice of Special Council Meeting - July 17a , 2000 Minutes of Special Council Meeting Council Resolution of July 17th, 2000 Copy of June 30th, 2000 Letter to Lau and Lee cc: Mr. P. Lee, Registered Owner Dane Spence, Deputy Chief, Manager of Community Safety Services Teny Fryer, Municipal Clerk Cst. Bernie Smandych, RCMP Sgt. George Beattie, RCMP Corporation 1¼ if A Telephone: (604) 463-5221 Fax: (604) 467-7329 IVICLL .L- iJ.L.I..1Lj E-mail: enquiries@mapleridgeorg Jncomoxated 12 Settember. 1874 July 17, 2000 R 7-0 2 31 7 4' cA•/'8 Registered Mail , Fax: APEX Insurance at 278-2272 / Regular Mail File No. 2000-1745 Mr. Ken Lau 9840 Deagle Road Richmond, BC V7A 1R2 Dear Mr. Lau: Re: 22649 119 Avenue, Maple Ridge, BC Parcel Identifier 009-747-656 Lot 1, DistrIct Lot 401, Group 1 New Westminster District Plan 12640 Further to our conversation of 2000.07.14, we wish to confirm the following: • You deny having received the Registered Letter we sent to you on June 30, 2000. • You further deny having received the faxed version of the same letter we sent to your office at 278-2272 on the same date. • When requested by By-law Enforcement Officer, Diane Merenick to provide a letter of explanation stating the above verbal information, you refused by stating that you were too busy. • You were not prepared to attend the Show Cause Hearing dated July 17, 2000. - Weare cOnceri1d b) yoiiflaàköf co-operation due to the liability this poses to the property owners as well as the safety factor for members of our community. Our records show that since May 29, 2000, the dwelling on the subject property has remained insecure. We have sent letters to your office and your home to notify you as well as letters to Mr. Lee's home address and still the property remains insecure as of July 15, 2000. "Promoting a Safe and Livable Community for our Present and Future Citizens" 100% Recycled Paper to Mr. Ken Lan Page 2 File No. 2000-1745 July 17, 2000 We would strongly recommend that you voluntarily demolish the dwellings on the subject property. In the meantime, we order you to secure the buildings on the subject property. Should you fail to do so, we will be in a position to go before Council in a newly scheduled Show Cause Hearing to request that Council order the buildings demolished. We will advise you of the new Show Cause Hearing date at our earliest opportunity. Should you require further clarification, please do not hesitate to contact the undersigned. Yours truly, Diane Merenick By-law Enforcement Officer 1dm Attachments cc: Vancity Credit Union - Attention: Betty Mr. K. Lau do APEXlnsurance - Faxed, Regular Mail and Registered Mail Mr. P. Lee - Property Owner - Regular and Registered Mail Dane Spence, Manager of Community Fire Safety Sgt. George Beattie, RCMP File No. 2000-1745 REGISTERED MAIL Mr. Ken Lau 9840 Deagle Road Richmond, BC V7A 1R2 Dear Mr. Lau: Re: 22649-119 Ave, Maple Ridge, BC Legal Description: Parcel Identifier: 009-747-656, Lot 1, District Lot 401, Group 1, New Westminster District, Plan 12640 This letter serves to advise you that an on-site inspection of today's date confirms that the dwelling on the above-mentioned property remains insecure. In the past, we have advised you on numerous occasions that one or both of the buildings on the property are insecure. We refer to our letters dated July 8 and October 29, 1997; September 11 and October 5, 1998; December 23, 1999 and March, March 16, May 3 and June 5, 2000. We have referred this matter to Mayor and Council in accordance with Section 727 of the Municipal Act. (Section 727 is attached for your information) We now ask that you attend a Show-Cause Hearing set for July 17, 2000 at 3 p.m. at the District of Maple Ridge Municipal Hall at 11995 Haney Place. This will provide Mayor and Council an opportunity to hear from you and your partner and District representatives with respect to the buildings on your property. Based on the information and evidence provided, Council will then make theirdecision as to whether the buildings will remain or be demolished. Should you require further information or clarification, please do not hesitate to contact the undersigned at 467-7305. Yours truly Diane Mrenick By-law Enforcement Officer /dm cc: Mr. P. Lee, Registered Owner Dane Spence, Deputy Chief, Managerof Community Safety Services Cst. Bernie Smandych, RCMP Joanne Hertzog, Acting Municipal Clerk "Promoting a Safe and Livable Community for our Present and Future Citizens" 40, 100% Recycled Paper Not Secondarily Bleached or Do-Inked June 5, 2000 REGISTERED MAIL FAX # 278-2272 File No. 2000-1745 Mr. Kenneth Lau 9840 Deagle Road Richmond, B.C. V7A 1R2 Dear Mr. Lau: RE: 22649 119t Avenue, Maple Ridge Further to our letters dated July 8th, 1997, October 29th, 1997, September 11th, 1998, October 5 th, 1998, December 23 , 1999, March 7 , 2000, March 16 , 2000 and May 3 , 2000, we have again received and confirmed a complaint on May 29th, 2000 that the subject residence is insecure. The boarding over an east side window of the dwelling has been removed and the glass has been broken. This affords access to the residence by unknown members of the general public. In its present condition, the building is deemed to be a hazard to the public. We direct the house be secured on or before June 15th, 2000. At this point, we would recommend that you obtain a Demolition Permit from the Building Department @ 467-7311 prior to proceeding with the demolition. You are further advised that should the Fire Department be required to attend this property, you may be assessed a fee for service, at a rate of $300.00 per hour for each attending fire apparatus and $30.00 per hour for each attending firefighter. Your immediate co-operation is anticipated with thanks. Should you have any questions or require further information, please do not hesitate to contact the undersigned. Yours truly, Diane Mrenick - - - By-Law Enforcement & Business Licence Officer DMlcc C.C. Dane Spence, Fire Chief Mark Smitton, Community Fire Prevention & Safety Officer Mr. P. Lee, Registered Owner Trevor Wingrove, Municipal Clerk "Promoting a Safe and Livable Community for our Present and Future Citizens" Recycled Paper if A T)T r' DTr\CT? COMMUNITY & BUSINESS RELATIONS IV..Lt\J. .LLE, .1.\.ILA....iLl 2 - 11996 Edge Street, Maple Ridge, B.C. V2X 9Y6 Incorporated 12 September, 1874 Telephone: (604) 467-7305 Fax: (604) 467-7330 May 5, 2000 File No. 2000-1745 Mr. Kenneth Lau 9840 Deagle Road Richmond, BC V7A 1R2 REGISTERED VIA FAX: 278-2272 FAW[F RD Dear Mr. Lau: RE: 22649 119 Avenue. Maple Ridge Further to our letters of 99/07/08, 99/10/29, 98/09/11, 98/10/05, 99/12/23, 00/03/07, 00/03/1 6, 00/05/03 the subject residence is currently insecure and in its present condition, it is deemed to be a hazard to the public. You are therefore, being instructed to demolish or otherwise safeguard the buildings on this property within seven (7) days. Failure to comply with this instruction will bring action as permitted by law to ensure that these buildings are safe. If you choose to demolish the buildings, you are instructed to obtain a Demolition Permit from the Building Department prior to proceeding with the demolition. We have also received complaints in regards to the tall weeds growing at the above captioned property. Section 4 of the Maple Ridge By-Law No. 2384-1976, which controlsthe growth of noxious weeds, trees and other growth states: "All owners or occupiers of real property or their agent shall, if such property is in a residential, commercial, industrial or institutional zone or is controlled by Land Use Contract, clear the property of brush, trees, noxious weeds, grass and clover or other growth and keep it so cleared at all times so that the property is maintained in a neat and tidy condition." All overgrown weeds on the property are to be cleared away by May 31, 2000. If the clearing is not done by this date, as per Section 5 of the By-Law, further steps will be taken to ensure the property is cleared of the overgrown grass, overgrown hedging, vines, blackberry bush and weeds at your expense. Yours truly, Diane Menick By-Law Enforcement & Business Licence Officer DMlmc "Promoting a Safe and Livable Community for our Present and Future Citizens" Za Recyded Paper COMMUNITY & BUSINESS RELATIONS 2 - 11996 Edge Street, Maple Ridge, B.C. V2X 9Y6 Telephone: (604) 467-7305 Fax: (604) 467-7330 March 16, 2000 REGISTERED MAIL File No. 2000-962 Mr. Kenneth Lau 9840 Deagle Road Richmond, BC V7A 1R2 Dear Mr. Lau: RE: 22649 119th Avenue, Maule Ridge As of this writing, the buildings on the captioned property have not been secured as instructed in our letter dated March 7 th, 2000. This is notice to you, that should these buildings remain unsecured as of March 30, 2000, staff will proceed to Council with a request to pass an Order to have these buildings demolished at the owner's expense, as provided by Section 727of the Municipal Act. Further, should you secure the buildings and they become unsecured at any time in the future, staff will proceed to Council for a Section 727 Order without further notice. Yours truly, D.G. Stephenson By-Law Enforcement Officer DGS/ffid - - - - C.C. Fire Department T. Wingrove, Municipal Clerk "Promoting a Safe and Livable Community for our Present and Future Citizens" IRecyded Paper A T)T COMMUNITY & BUSINESS RELATIONS J..V1.t.1 L.jLl .IXIL.&j.L 2 - 11996 Edge Street, Maple Ridge, B.C. V2X 9Y6 Jncorpomted 12 September, 1874 Telephone: (604) 467-7305 Fax: (604) 467-7330 March 7, 2000 REGISTERED File No. 2000-962 Mr. Kenneth Lau 9840 Deagle Road Richmond, BC V7A 1R2 Dear Mr. Lau: RE: 22649 119' Avenue, Maple Ridge We have received and confirmed a complaint that the subject residence is currently insecure and in its present condition, it is deemed to be a hazard to the public. You are therefore, being instructed to demolish or otherwise safeguard the buildings on this property by March 15, 2000. Failure to comply with this instruction will bring action as permitted by law to ensure that these buildings are safe. If you choose to demolish the buildings, you are instructed to obtain a Demolition Permit from the Building Department prior to proceeding with the demolition. You are further advised that should the Fire Department be required to attend this property, you may be assessed a fee for service, at a rate of $300.00 per hour for each attending fire apparatus and $30.00 per hour for each attending firefighter. Your immediate co-operation is anticipated with thanks. Should you have any questions or require further information, please do not hesitate to contact the undersigned. Yours truly, - - Diane 1XIerenick By-Law Enforcement & Business Licence Officer DM/md c.c. Fire Chief "Promoting a Safe and Livable Community for our Present and Future Citizens" Recycled Paper A flT COMMUNITY & BUSINESS RELATIONS IV.IJ11 L1L .IXII_J'.._:J1_ 2 - 11996 Edge Street, Maple Ridge, B.C. V2X 9Y6 Incorporated 12 September, 1874 Telephone: (604) 467-7305 Fax: (604) 467-7330 December 23, 1999 File No. 1999006016 Mr. Kenneth Lau 9840 Deagle Road Richmond, BC V7A 1R2 : Dear Mr. Lau: - RE: 22649 1191h Avenue, Maple Ridge, BC We have received and confirmed a complaint that the subject residence is currently insecure and in its present condition, it is deemed to be a hazard to the public. You are therefore, being instructed to demolish or otherwise safeguard the buildings on this property by January11t', 2000. Failure to comply with this instruction will bring action as permitted by law to ensure that these buildings are safe. If you chooseto demolish.the buildings, you are instructed to obtain a Demolition Permit from the Building Department prior to proceeding with the demolition. You are further advised that should the Fire Department be required to attend this property, you may beassessed a fee for service., at a rate of $300.00 per hour for each attending fire apparatus and $30.00 per hour for each attending firefighter. Your immediate co-operation is anticipated with thanks. Should you have any questions or require further information, please do not hesitate to contact the undersigned. You Diane M'renick By-Law Enforcement & Business Licence Officer DM/md c.c. Fire Chief 0 Member of Economic Developers 'Association of Canada • 100% Recycled Paper IDU BC OnLine - LTO Search by Title Page 1 of2 BC OnLine NEW WESTMINSTER LAND TITLE OFFICE TITLE NO: BF30255 DECLARED VALUE 160,000.00 FROM TITLE NO: W23680E APPLICATION FOR REGISTRATION RECEIVED ON: 29 JANUARY, 1992 ENTERED: 30 JANUARY, 1992 REGISTERED OWNER IN FEE SIMPLE: KENNETH KUNG HUONG LAU, INSURANCE AGENT 3911 REES ROAD RICHMOND, B.C. V6X 2S4 P0 HSI LEE, BUSINESSMAN 852 PROSPECT AVENUE NORTH VANCOUVER, B.C. V7R 2M3 TAXATION AUTHORITY: MUNICIPALITY OF MAPLE RIDGE DESCRIPTION OF LAND: PARCEL IDENTIFIER: 009-747-656 LOT 1 DISTRICT LOT 401 GROUP 1 NEW WESTMINSTER DISTRICT PLAN 12640 LEGAL NOTATIONS: NONE CHARGES, LIENS AND INTERESTS: NATURE OF CHARGE CHARGE NUMBER DATE TIME MORTGAGE BF30256 1992-01-29 12:34 REGISTERED OWNER OF CHARGE: VANCOUVER CITY SAVINGS CREDIT UNION BF30256 'T CAUTION - CHARGES MAY NOT APPEAR IN ORDER OF PRIORITY. SEE SECTION 28, L.T.A.T' DUPLICATE INDEFEASIBLE TITLE: NONE OUTSTANDING https://www.bcon1ine.gov.bccalcgi/process.cgi 7/13/2000 BC OnLine - LTO Search by Title Page 2 of 2 TRANSFERS: NONE PENDING APPLICATIONS: NONE CORRECTIONS: NONE MainMenu LII i Prini Onh Current Title I rife, j Print Current &C celled Title Fnfo Search Again https://www.bconline.gov.be.ca/cgi/process.egi 7/13/2000 • H.. Iff • : E1 .. . .- - 1/ 1' \ - ........... - - A. ~ 14, list = 1996 MUMCIPAL Acr RS CHAp. 323 (1,) obstructing or impeding the flow of a sueam, creek, waterway, watercourse, waterworks, ditch, drain or sewer, whether or not it is located on private property. 1999-37-159. Fire and security alarm systems 726. (1) In relation to fire alarm systems and security alarm systems, a council may, by bylaw, do one or more of the following: (a) require permits for the operation of thesesystems and establish fees for these permits; (b) establish fees to be paid by the owner or occupier of real property to which services are provided by or on behalf of the municipality, including policing services under section 3 (2) of the Police Ac:, in response to a false alarm of a system, or by the persons who lease or otherwise provide these systems to the owners or occupiers of real property if services referred to in subparagraph (i) are provided in response to a false alarm of a system; (c) provide that a fee under paragraph (b) (i), if unpaid, may be added to and form part of the taxes payable on the real property as taxes in arrear; (d) exercise powers given by regulation under subsection (3); (e) establish exemptions from the application of a bylaw under this section. (2) A fee under subsection (1) (b) may vary in relation to the number of occasions on which services referred to in that subsection are provided. (3) The Lieutenant Governor in Council may, by regulation (a) grant additional powers to municipalities, including the City of Vancouver, to enact bylaws establishing specified prohibitions, restrictions, requ rements and conditions regarding fire alarm systems and security alarm systems, and the installation, operation, maintenance and repair of these systems, and (b) authorize specified variations of the provisions of bylaws under paragraph (a). (4) As an exception, a bylaw• under this section does not apply to fire alarm systems that are intended to alert only the occupants of the dwelling unit in which they are installed. I 'RSl979-0-932.1; Removal of dangerous buildings and other structures 1727. (1)1 A council may • (a) declare that a building, strucflne or erection of any kind, or a drain, ditch, watercourse, pond, • surface water or other matter or thing, in or on private land or a highway, or in or about a building or structure, is a nuisance, and (b) order that it be removed, pulled down,1 fihled up or otherwise dealt with by its owner, agent, lessee or occupier, as the council may . - iiàti4intheorder. c(2) The council must give notice of an order under subsection (1) to the following persons, either by serving the order or by sending the order by registered mail: the owner of the land where the nuisance exists; all other persons who are recorded in the land title office as having an interest in the land; the agent, if known, of the registered owner of the land; the lessee or occupier of the land. (3) On application, the Supreme Court may order that service required by subsection (2) may be made by substituted service in accordance with the order.. pt 28199 222 Quickscribe SW/ices Ltd. 1996 MUNICIPAL Acr P.S CHAP. 323 (4) If the owner, agent, lessee or occupier fails to comply with an order within the time period established under subsection (1) (b), the municipality may, by its employees and others, enter on the property and undertake the work required to comply with the order at the expense of the person defaulting. (5) If a nuisance declared under subsection (1) is a building, strucune or erection, after the end of 60 days from the date of the mailing of the notice to the owner under subsection (2), and after the end of the period stated in the order, the council may dispose of the building, structure or erection, or any part or material in it, by auction sale, by public or private tender, or otherwise. (6) From the proceeds of a sale or other disposal under subsection (5), there must be deducted for municipal use the actual costs, including incidental expenses, incurred by the municipality in carrying out the order, and the remainder of the proceeds must be paid by the municipality to the owner or other person lawfully entitled. (7) This section applies to any building, structure or erection of any kind that the council believes is so dilapidated or unclean as to be offensive to the community. - RS1979-290-936: 1992-18-87; 1999-37-160. Authority to require unsanitary conditions to be remedied Se t 28/99 727.1 (1) Subject to the Health Act, a council may, by bylaw, require a person to remedy or remove an unsanitary condition for which the person is responsible, or which exists on property owned, occupied or controlled by the person. (2) A bylaw under subsection (1) may provide that, if a person fails to comply with the requirement, the municipality, by its employees or other persons, at reasonable times and in a reasonable manner, may enter on the property and effect the compliance at the expense of the person who has failed to comply. 1998-37-161. Firearms, explosives and fireworks 728. (1) A council may, by bylaw, do one or more of the following: regulate or prohibit the discharging of firearms, including air guns, air rifles, air pistols and spring guns; regulate or prohibit the use of bows as defined in the Wild1fe Act; regulate or prohibit the use of any explosive agent for blasting, regulate persons engaged in blasting and require persons engaged in blasting to give security for damage to persons who, or whose property, may be injured by it; regulate or prohibit the exploding of firecrackers or other fireworks; subject to the Fireworks Aci regulate or prohibit the sale or disposal to any person of firecrackers and other fireworks of every nature or kind. A bylaw under subsection (1) (a) to (d) may be applicable throughout the municipality or any defined area of it and may make different regulations for different areas. Despite a bylaw under subsection (1) (d), a council may authorize the issuance of a permit to a person or organization for the purpose of the observance or celebration of a special event or festival by the use of firecrackers or other fireworks of any kind, and may specify terms and conditions. I RS1979-290-932(e)933(1Xa)(b); 1980-28-11:1980-38-17; 1989-733; 1992-18-84,85. I PART 23—Improvement Districts Division 1— General Definitions 729. In this Part: "manufactured home" means a single fanily dwelling manufactured as a unit, or in units, intended to be occupied in a place other than that of its manufacture, and designed so that it may be drawn or moved from place to place; Sept. 28/99 223 Quickscribe Services Ltd. CORPORATION OF THE DISTRICT OF MAPLE RIDGE NOTICE OF SPECIAL COUNCIL MEETING Please be advised that a Special Council Meeting has been called pursuant to Section 235 of the Local Government Act, as follows: DATE: July 17, 2000 HOUR: 3:00pm PLACE: Council Chamber Municipal Hall A GENDA A Special Council Meeting is called pursuant to Section 235 of the Local Government Act as the subject matter being considered relates to the following property: 1. Show Cause Hearing pursuant to Section 727 of the Local Government Act regarding property located at 22649 - 119th Avenue, Maple Ridge, British Columbia having a legal description of: Parcel Identifier: 009-747-65 6 Lot 1, District Lot 401, Group 1 New Westminster District Plan 12640 Dated this 14th day of July, 2000 pos~':-j- ~ V-~7 CUY (a4"g Eg Corporation of the District of Maple Ridge 11995 Haney Place, Maple Ridge, B.C. V2X 6A9 Telephone: (604) 463-5221 Fax: (604) 467-7329 MAPl E ITXE E-mail: enquiries@mapleridge.org Incorpotated 12 September, 1874 4 J'1 (9V k uly26, 2000 jr v4 File No. 2000-1 745 4rp7)r9 V) )rV V Dear Mr. Lau: / JUL27 2000. REGISTERED MAIL FAXED: 278-2272 Mr. Ken Lau 9840 Deagle Road Richmond, BC V7A 1R2 Re: Civic Description: 22649-119 Ave, Maple Ridge, BC Legal Description: Parcel Identifier: 009-747-656, Lot 1, District Lot 401, Group 1, New Westminster District, Plan 12640 This letter serves to advise you that an on-site inspection of 2000.07.21 at the subject address confirmed the dwelling remains insecure. At your request, we have rescheduled the Show Cause Hearing set for July 17, 2000 to the following: Date: August 21, 2000 at 3:00 p.m. Location: District of Maple Ridge Municipal Hall at 11995 Haney Place, Maple Ridge, BC We again refer to the Municipal Act Section 727 that states that Mayor and Council_has the - - - - authority to make an OrdertodemoIihmTdangerous or nuisance tructiiiè S&iiid you or your partner or a designate fail to attend this hearing, Mayor and Council may issue the Order in your absence. We would welcome the opportunity to discuss this matter further at your convenience prior to the Show Cause Hearing. ... /page2 "Promoting a Safe and Livable Community for our Present and Future Citizens" 100% Recycled Paper Page 2 Should you require further information or clarification, please do not hesitate to contact the undersigned at 467-7305. Yours truly Diane Pvferenick By-law Enforcement Officer /dm Attachments: Section 727 of the Municipal Act Notice of Special Council Meeting - August 2 1st, 2000 Copy of July 17th, 2000 Letter to Lau and Lee Notice of Special Council Meeting - July 1 7th, 2000 Minutes of Special Council Meeting Council Resolution of July 17 6 , 2000 Copy of June 30th, 2000 Letter to Lau and Lee cc: Mr. P. Lee, Registered Owner Dane Spence, Deputy Chief, Manager of Community Safety Services Terry Fryer, Municipal Clerk Cst. Bernie Smandych, RCMP Sgt. George Beattie, RCMP District of Maple Ridge Agenda Item: Special Council Meeting of July 17, 2000 MOVED BY COUNCILLOR Linda King SECONDED BY COUNCILLOR Jon Harris That Council direct staff to serve the registered owners of 22649 - 119 Avenue, by registered mail, ordinary mail and personal service with notice of a hearing pursuant to Section 727 of the Local Government Act for August 21, 2000; and That Council adjourn this hearing until August 21, 2000. "Al Hogarth" CARRIED DEFEATED DEFERRED MAYOR ACTION NOTICE TO: - Chief Administrative Officer RCMP - Fire Chief - Dir —Strategic Projects Gen. Mngr. Corp. and Fin. Services Dir - Corporate Support - Dir - Finance - Dir - Community & Business - Gen Mgr - Public Works & Development___________________________________________________ District Planner Dir -. Current Planning - Dir - Inspection Services - Municipal Engineer - Dir - Development Eng. - Dir - Engineering Operations - Dir - Engineering Projects - Gen Mgr - Corn. Dev. & Rec. Services - Dir - Parks & Facilities Clerk's Section - Municipal Clerk - Shirley K - Jo-Anne H Karla K - Sandra Belley The above decision was made at a meeting of the Municipal Council held on the date rioted above and is sent to you for notation andlor such action as may be required by your Department. July 17, 2000 Date /spb CORPORATION OF THE DISTRICT OF MAPLE RIDGE NOTICE OF SPECIAL COUNCIL MEETING Please be advised that a Special Council Meeting has been called pursuant to Section 235 of the Local Government Act, as follows: DATE: July 17, 2000 HOUR: 3:00pm PLACE: Council Chamber Municipal Hall A GENLL4 A Special Council Meeting is called pursuant to Section 235 of the Local Government Act as the subject matter being considered relates to the following property: 1. Show Cause Hearing pursuant to Section 727 of the Local Government Act regarding property located at 22649 - 119th Avenue, Maple Ridge, British Columbia having a legal description of: 19 Parcel Identifier: 009-747-656 Lot 1, District Lot 401, Group 1 New Westminster District Plan 12640 Dated this 14th day of July, 2000 _iJL\H Yenft Fryer Municipal C4 TF/spb 1/ CORPORATION OF THE DISTRICT OF MAPLE RIDGE NOTICE OF SPECIAL COUNCIL MEETING Please be advised that a Special Council Meeting has been called pursuant to Section 235 of the Local Government Act, as follows: DATE: August 21, 2000 HOUR: 3:00 pm PLACE: Council Chamber Municipal Hall A GENDA A Special Council Meeting is called pursuant to Section 235 of the Local Government Act as the subject matter being considered relates to the following property: 1. Show Cause Hearing pursuant to Section 727 of the Local Government Act regarding property located at 22649 - 119th Avenue, Maple Ridge, British Columbia having a legal description of: Parcel Identifier: 009-747-656 Lot 1, District Lot 401, Group 1 New Westminster District Plan 12640 Dated this 17th day of July, 2000 Terry Flyer Municipal Clerk TF/spb