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HomeMy WebLinkAbout2009-04-14 Adopted Regular Council Meeting Minutes.pdf District of Maple Ridge COUNCIL MEETING April 14, 2009 The Minutes of the Municipal Council Meeting held on April 14, 2009 at 7:00 p.m. in the Council Chamber of the Municipal Hall, 11995 Haney Place, Maple Ridge, British Columbia for the purpose of transacting regular Municipal business. PRESENT Elected Officials Appointed Staff Mayor E. Daykin J. Rule, Chief Administrative Officer Councillor C. Ashlie M. Murray, General Manager of Community Development, Councillor J. Dueck Parks and Recreation Services Councillor A. Hogarth P. Gill, General Manager Corporate and Financial Services Councillor L. King A. Wood, Acting General Manager Public Works and Councillor M. Morden Development Services Councillor C. Speirs J. Pickering, Director of Planning C. Marlo, Manager of Legislative Services A. Gaunt, Confidential Secretary Other Staff as Required B. McDonald, Director of Licences, Permits and Bylaws S. Cote-Rolvink, Manager of Inspection Services D. Spence, Fire Chief/Director - Safety Note: These Minutes are also posted on the Municipal Web Site at www.mapleridge.ca The meeting was filmed by Shaw Communications Inc. 100 CALL TO ORDER 200 OPENING PRAYERS Pastor Mike Schroeder, Generations Christian Fellowship 300 INTRODUCTION OF ADDITIONAL AGENDA ITEMS 400 APPROVAL OF THE AGENDA The agenda was approved as circulated. Council Minutes April 14, 2009 Page 2 of 56 500 ADOPTION AND RECEIPT OF MINUTES 501 Minutes of the Regular Council Meeting of March 24, 2009 R/09-115 501 Minutes Regular Council It was moved and seconded March 24, 2009 That the minutes of the Regular Council Meeting of March 24, 2009 be adopted as circulated. CARRIED 502 Minutes of the Development Agreements Committee Meetings of March 23 and 27, 2009 R/09-116 502 Minutes Development Agmt It was moved and seconded Committee That the minutes of the Development Agreements Committee Meetings of March 23 and 27, 2009 be received. CARRIED 600 PRESENTATIONS AT THE REQUEST OF COUNCIL 601 TD Commercial Bank The General Manager, Corporate and Financial Services acknowledged the TD Commercial Bank for their generous donation in support of the BC Disability Games. He advised that residents can donate to the BC Disability Games at the Municipal Hall and are able to receive tax receipts for any contributions made. Council Minutes April 14, 2009 Page 3 of 56 602 2010 – 2014 Business Planning Guidelines Presentation - General Manager, Corporate and Financial Services The General Manager, Corporate and Financial Services gave a PowerPoint presentation detailing the business planning process at the District of Maple Ridge. He advised that the an open house for public consultation will be held on April 21 and that consideration of approval of the Business Planning Guidelines for 2010 through to 2014 will be at the April 28 Council Meeting. The General Manager, Corporate and Financial Services also advised that the Business Planning Guidebook 2010-2014 is available on the District website at www.mapleridge.ca. 700 DELEGATIONS 701 Maple Ridge-Pitt Meadows Community Services – Community Volunteer Week -- Vicki Kipps, Executive Director; Lori Freitas, Volunteer Centre Coordinator, Debbie Kennedy, Manager of volunteers, Ridge-Meadows Hospital The Volunteer Centre Coordinator gave a PowerPoint presentation providing information on the Maple Ridge-Pitt Meadows Community Services Volunteer Centre. She highlighted the mandate of the centre and its achievements. She advised that National Volunteer Week will be held from April 19 to April 25 and thanked all volunteers. 800 UNFINISHED BUSINESS STATE OF UNITS LOCATED AT 11731 FRASER STREET (COMMONLY KNOWN AS NORTHUMBERLAND COURT) 801 Presentation of staff report dated March 5, 2009 Mayor Daykin advised on the process to be followed during the presentation of Item 801. The Manager of Legislative read correspondence received from Mr. Steve Creighton, court appointed administrator which outlined work that has been done to the units, restrictions on the strata to spend money which is not budgeted and outlining plans to raise funds for the work. A PowerPoint presentation was given by the Director of Licences, Permits and Bylaws, the Manager of Inspection Services and the Fire Chief/Director of Safety which addressed the concerns of District of Maple Ridge pertaining to the units at Northumberland Court. Council Minutes April 14, 2009 Page 4 of 56 The Director of Licences, Permits and Bylaws provided a summary of previous Council direction to staff and highlighted existing deficiencies. The Manager of Inspection Services reviewed the unit inspection results. The Fire Chief/Director of Safety reviewed fire inspection results and spoke to fire and life safety issues in the units. The Director of Licences, Permits and Bylaws reviewed the enforcement options available to Council. 802 Presentations by affected property owners, occupants and charge holders Jack Athwal Mr. Athwal expressed concern that although he is a majority owner of the strata, control of the complex has been given to the court appointed administrator. He felt that the blame for the continuing issues with the units in the complex lay with the administrator and the municipality. He also expressed that municipal staff has not been honest in their dealings with him. He spoke to previous inspections done by municipal staff in units he owned and expressed that he has not been treated fairly by the municipality. He questioned why buildings he did not own have not been inspected and stated that all the units he owns have up to date electrical fuse boxes as per the District’s inspection orders. He questioned why fire separation walls and smoke alarms which were passed 2 years ago were now not sufficient and stated that an engineer he hired has passed the building. Mr. Athwal stated that he will see to such items as missing handrails and the cleaning up of crawl spaces however he questioned why furnaces which are not working have to be fixed if tenants cannot afford to pay for the gas to use them. The Director of Licences, Permits and Bylaws was asked by Council to clarify which units were inspected. He advised that with the exception of Unit #19, to which inspectors could not gain access, all other units have been inspected. Heath Myers – Owner Mr. Myers advised that his unit was inspected by the municipality. He explained that the fuse box in his unit is the original fuse box as it has not been tampered with. He stated that he felt that the issues with Northumberland are a result of Mr. Athwal’s actions and questioned why the other owners are being punished. He stated that the other strata owners have done the best that they can since the appointment of an administrator by the Court. Council Minutes April 14, 2009 Page 5 of 56 803 Presentations by the public John McKenzie Mr. McKenzie thanked the Mayor, Councillors and staff for the work done to resolve the issues at Northumberland Court. He advised that he was the manager of another building in the area and that this building is maintained appropriately. He felt it a disgrace to allow the situation at Northumberland to continue and again thanked Council for tackling the issue. Tyler Ducharme Mr. Ducharme advised that he is a resident of the neighbourhood and supports the action of Council. He expressed the importance of a building being up to code to allow persons living there a normal life. Paul Vrail Mr. Vrail stated he is a resident of the neighbourhood and expressed his concern with the continued illicit activity taking place in the area due to some of the tenants of Northumberland. He spoke to the negative effect on his family and his home. He invited Council members to visit the area on a Friday or Saturday night in order to understand what is happening to the neighbourhood. Tom Little Mr. Little asked how many welfare cheques from Human Resources are being sent directly to the owner of the complex. Mayor Daykin advised that this is question for the Ministry of Human Resources. All members of Council expressed their concern and disappointment with the lack of progress in resolving the issues at the strata. The Director of Licences, Permits and Bylaws reviewed the process involved should Council choose to enact the remedial action requirement. R/09-117 801.1 Remedial Action Unit #5 It was moved and seconded Whereas Division 12 of Part 3 of the Community Charter (the “Charter”) authorizes Council to impose a remedial action requirement on the owner or owners of a building including a requirement to have the building brought up to a standard specified by bylaw where: 1) Council considers that the building is in or creates an unsafe condition; and 2) Council considers that the building contravenes the Provincial building regulations or a District bylaw under s. 8(3)(l) (buildings and other structures). Council Minutes April 14, 2009 Page 6 of 56 AND WHEREAS Jagdev Singh Athwal is the registered owner (the “Owner”) of a strata lot known as Unit #5, 11723 Fraser Street, Maple Ridge, BC and legally described as Strata Lot 5 of District Lot 398 Group 1 New Westminster District Strata Plan NW8 together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on form 1 (the “Strata Lot 5”); NOW THEREFORE, the Council of the District of Maple Ridge, in open meeting assembled, resolves as follows: 1. That Council hereby considers that Strata Lot 5 is in and creates an unsafe condition within the meaning of Section 73(2)(a) of the Charter as a result of Strata Lot 5 contravening the District of Maple Ridge Building Bylaw No. 6180-2003, the BC Building Code 2006, the District of Maple Ridge Fire Prevention Bylaw No. 4111-1988, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code and/or the BC Fire Code 2006; 2. That Council hereby considers that Strata Lot 5 is in a hazardous condition within the meaning of Section 73(2)(b) of the Charter as a result of Strata Lot 5 contravening the District of Maple Ridge Building Bylaw No. 6180-2003, the BC Building Code 2006, the District of Maple Ridge Fire Prevention Bylaw No. 4111-1988, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code, and/or the BC Fire Code 2006. 3. That Council hereby requires pursuant to its remedial action powers under Part 3, Division 12 of the Charter that the Owner: a) agree in writing with the District’s Manager of Inspection Services on a scheduled plan of repair and rehabilitation of Strata Lot 5 including completion dates for certain works to, in the opinion of the Manager of Inspection Services, ensure its safety and habitability in compliance with the standards specified in the District of Maple Ridge Building Bylaw No. 6180-2003, the District of Maple Ridge Fire Prevention Bylaw No 4111-1988, the BC Building Code 2006, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code, and the BC Fire Code 2006, as identified in the Manager Of Inspection Services’ Council Minutes April 14, 2009 Page 7 of 56 report dated February 16, 2009 and the Fire Chief’s report dated March 9, 2009 no later than fourteen days (14) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; b) commence the work set out in the agreed plan and proceed diligently and in a timely manner in strict accordance with the dates set out in the agreed plan pursuant to section 3a) of this resolution no later than twenty eight (28) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; and c) complete all work set out in the agreed plan pursuant to section 3a) of this resolution and obtain from the District’s Manager of Inspection Services confirmation in writing that the work has been completed to the Manager of Inspection Services’ and the Fire Chief’s satisfaction no later than ninety (90) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; (collectively, the “Remedial Action Requirement”). That the District of Maple Ridge advise the Owner that the Owner may request that Council reconsider the Remedial Action Requirement by providing the District of Maple Ridge written notice within fourteen (14) days of the date on which the notice under s. 77 of the Charter was sent and that if any or all of the actions required by the Remedial Action Requirement is not completed by the dates specified for compliance (including adhering to the completion dates specified in the agreed plan pursuant to section 3a) of this resolution), the District of Maple Ridge may take action in accordance with section 17 of the Charter and undertake any or all of the actions required by the Remedial Action Requirement without further notice to and at the expense of the Owner. CARRIED Council Minutes April 14, 2009 Page 8 of 56 R/09-118 801.2 Remedial Action Unit #6 It was moved and seconded Whereas Division 12 of Part 3 of the Community Charter (the “Charter”) authorizes Council to impose a remedial action requirement on the owner or owners of a building including a requirement to have the building brought up to a standard specified by bylaw where: 1) Council considers that the building is in or creates an unsafe condition; and 2) Council considers that the building contravenes the Provincial building regulations or a District bylaw under s. 8(3)(l) (buildings and other structures). AND WHEREAS Jagdev Singh Athwal is the registered owner (the “Owner”) of a strata lot known as Unit #6, 11723 Fraser Street, Maple Ridge, BC and legally described as Strata Lot 6 of District Lot 398 Group 1 New Westminster District Strata Plan NW8 together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on form 1 (the “Strata Lot 6”); NOW THEREFORE, the Council of the District of Maple Ridge, in open meeting assembled, resolves as follows: 1. That Council hereby considers that Strata Lot 6 is in and creates an unsafe condition within the meaning of Section 73(2)(a) of the Charter as a result of Strata Lot 6 contravening the District of Maple Ridge Building Bylaw No. 6180-2003, the BC Building Code 2006, the District of Maple Ridge Fire Prevention Bylaw No. 4111-1988, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code and/or the BC Fire Code 2006; 2. That Council hereby considers that Strata Lot 6 is in a hazardous condition within the meaning of Section 73(2)(b) of the Charter as a result of Strata Lot 6 contravening the District of Maple Ridge Building Bylaw No. 6180-2003, the BC Building Code 2006, the District of Maple Ridge Fire Prevention Bylaw No. 4111-1988, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code, and/or the BC Fire Code 2006. 3. That Council hereby requires pursuant to its remedial action powers under Part 3, Division 12 of the Charter that the Owner: Council Minutes April 14, 2009 Page 9 of 56 a) agree in writing with the District’s Manager of Inspection Services on a scheduled plan of repair and rehabilitation of Strata Lot 6 including completion dates for certain works to, in the opinion of the Manager of Inspection Services, ensure its safety and habitability in compliance with the standards specified in the District of Maple Ridge Building Bylaw No. 6180- 2003, the District of Maple Ridge Fire Prevention Bylaw No 4111-1988, the BC Building Code 2006, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code, and the BC Fire Code 2006, as identified in the Manager Of Inspection Services’ report dated February 16, 2009 and the Fire Chief’s report dated March 9, 2009 no later than fourteen days (14) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; b) commence the work set out in the agreed plan and proceed diligently and in a timely manner in strict accordance with the dates set out in the agreed plan pursuant to section 3a) of this resolution no later than twenty eight (28) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; and c) complete all work set out in the agreed plan pursuant to section 3a) of this resolution and obtain from the District’s Manager of Inspection Services confirmation in writing that the work has been completed to the Manager of Inspection Services’ and the Fire Chief’s satisfaction no later than ninety (90) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; (collectively, the “Remedial Action Requirement”). 4. That the District of Maple Ridge advise the Owner that the Owner may request that Council reconsider the Remedial Action Requirement by providing the District of Maple Ridge written notice within fourteen (14) days of the date on which the notice under s. 77 of the Charter was sent and that if any or all of the actions required by the Remedial Action Requirement is not completed by the dates specified for compliance (including adhering to the Council Minutes April 14, 2009 Page 10 of 56 completion dates specified in the agreed plan pursuant to section 3a) of this resolution), the District of Maple Ridge may take action in accordance with section 17 of the Charter and undertake any or all of the actions required by the Remedial Action Requirement without further notice to and at the expense of the Owner. CARRIED R/09-119 801.3 Remedial Action Unit #7 It was moved and seconded Whereas Division 12 of Part 3 of the Community Charter (the “Charter”) authorizes Council to impose a remedial action requirement on the owner or owners of a building including a requirement to have the building brought up to a standard specified by bylaw where: 1) Council considers that the building is in or creates an unsafe condition; and 2) Council considers that the building contravenes the Provincial building regulations or a District bylaw under s. 8(3)(l) (buildings and other structures). AND WHEREAS Jagdev Singh Athwal is the registered owner (the “Owner”) of a strata lot known as Unit #7, 11723 Fraser Street, Maple Ridge, BC and legally described as Strata Lot 7 of District Lot 398 Group 1 New Westminster District Strata Plan NW8 together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on form 1 (the “Strata Lot 7”); NOW THEREFORE, the Council of the District of Maple Ridge, in open meeting assembled, resolves as follows: 1. That Council hereby considers that Strata Lot 7 is in and creates an unsafe condition within the meaning of Section 73(2)(a) of the Charter as a result of Strata Lot 7 contravening the District of Maple Ridge Building Bylaw No. 6180-2003, the BC Building Code 2006, the District of Maple Ridge Fire Prevention Bylaw No. 4111-1988, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code and/or the BC Fire Code 2006; 2. That Council hereby considers that Strata Lot 7 is in a hazardous condition within the meaning of Section 73(2)(b) of the Charter as a result of Strata Lot 7 contravening the District of Maple Ridge Building Bylaw Council Minutes April 14, 2009 Page 11 of 56 No. 6180-2003, the BC Building Code 2006, the District of Maple Ridge Fire Prevention Bylaw No. 4111-1988, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code, and/or the BC Fire Code 2006. 3. That Council hereby requires pursuant to its remedial action powers under Part 3, Division 12 of the Charter that the Owner: a) agree in writing with the District’s Manager of Inspection Services on a scheduled plan of repair and rehabilitation of Strata Lot 7including completion dates for certain works to, in the opinion of the Manager of Inspection Services, ensure its safety and habitability in compliance with the standards specified in the District of Maple Ridge Building Bylaw No. 6180- 2003, the District of Maple Ridge Fire Prevention Bylaw No 4111-1988, the BC Building Code 2006, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code, and the BC Fire Code 2006, as identified in the Manager Of Inspection Services’ report dated February 16, 2009 and the Fire Chief’s report dated March 9, 2009 no later than fourteen days (14) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; b) commence the work set out in the agreed plan and proceed diligently and in a timely manner in strict accordance with the dates set out in the agreed plan pursuant to section 3a) of this resolution no later than twenty eight (28) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; and c) complete all work set out in the agreed plan pursuant to section 3a) of this resolution and obtain from the District’s Manager of Inspection Services confirmation in writing that the work has been completed to the Manager of Inspection Services’ and the Fire Chief’s satisfaction no later than ninety (90) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; Council Minutes April 14, 2009 Page 12 of 56 (collectively, the “Remedial Action Requirement”). 4. That the District of Maple Ridge advise the Owner that the Owner may request that Council reconsider the Remedial Action Requirement by providing the District of Maple Ridge written notice within fourteen (14) days of the date on which the notice under s. 77 of the Charter was sent and that if any or all of the actions required by the Remedial Action Requirement is not completed by the dates specified for compliance (including adhering to the completion dates specified in the agreed plan pursuant to section 3a) of this resolution), the District of Maple Ridge may take action in accordance with section 17 of the Charter and undertake any or all of the actions required by the Remedial Action Requirement without further notice to and at the expense of the Owner. CARRIED R/09-120 801.4 Remedial Action Unit #8 It was moved and seconded Whereas Division 12 of Part 3 of the Community Charter (the “Charter”) authorizes Council to impose a remedial action requirement on the owner or owners of a building including a requirement to have the building brought up to a standard specified by bylaw where: 1) Council considers that the building is in or creates an unsafe condition; and 2) Council considers that the building contravenes the Provincial building regulations or a District bylaw under s. 8(3)(l) (buildings and other structures). AND WHEREAS Jagdev Singh Athwal is the registered owner (the “Owner”) of a strata lot known as Unit #8, 11723 Fraser Street, Maple Ridge, BC and legally described as Strata Lot 8 of District Lot 398 Group 1 New Westminster District Strata Plan NW8 together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on form 1 (the “Strata Lot 8”); NOW THEREFORE, the Council of the District of Maple Ridge, in open meeting assembled, resolves as follows: 1. That Council hereby considers that Strata Lot 8 is in and creates an unsafe condition within the meaning of Section 73(2)(a) of the Charter as a result of Strata Lot 8 contravening the District of Maple Ridge Building Bylaw Council Minutes April 14, 2009 Page 13 of 56 No. 6180-2003, the BC Building Code 2006, the District of Maple Ridge Fire Prevention Bylaw No. 4111-1988, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code and/or the BC Fire Code 2006; 2. That Council hereby considers that Strata Lot 8 is in a hazardous condition within the meaning of Section 73(2)(b) of the Charter as a result of Strata Lot 8 contravening the District of Maple Ridge Building Bylaw No. 6180-2003, the BC Building Code 2006, the District of Maple Ridge Fire Prevention Bylaw No. 4111-1988, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code, and/or the BC Fire Code 2006. 3. That Council hereby requires pursuant to its remedial action powers under Part 3, Division 12 of the Charter that the Owner: a) agree in writing with the District’s Manager of Inspection Services on a scheduled plan of repair and rehabilitation of Strata Lot 8 including completion dates for certain works to, in the opinion of the Manager of Inspection Services, ensure its safety and habitability in compliance with the standards specified in the District of Maple Ridge Building Bylaw No. 6180- 2003, the District of Maple Ridge Fire Prevention Bylaw No 4111-1988, the BC Building Code 2006, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code, and the BC Fire Code 2006, as identified in the Manager Of Inspection Services’ report dated February 16, 2009 and the Fire Chief’s report dated March 9, 2009 no later than fourteen days (14) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; b) commence the work set out in the agreed plan and proceed diligently and in a timely manner in strict accordance with the dates set out in the agreed plan pursuant to section 3a) of this resolution no later than twenty eight (28) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; and Council Minutes April 14, 2009 Page 14 of 56 c) complete all work set out in the agreed plan pursuant to section 3a) of this resolution and obtain from the District’s Manager of Inspection Services confirmation in writing that the work has been completed to the Manager of Inspection Services’ and the Fire Chief’s satisfaction no later than ninety (90) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; (collectively, the “Remedial Action Requirement”). 4. That the District of Maple Ridge advise the Owner that the Owner may request that Council reconsider the Remedial Action Requirement by providing the District of Maple Ridge written notice within fourteen (14) days of the date on which the notice under s. 77 of the Charter was sent and that if any or all of the actions required by the Remedial Action Requirement is not completed by the dates specified for compliance (including adhering to the completion dates specified in the agreed plan pursuant to section 3a) of this resolution), the District of Maple Ridge may take action in accordance with section 17 of the Charter and undertake any or all of the actions required by the Remedial Action Requirement without further notice to and at the expense of the Owner. CARRIED R/09-121 801.5 Remedial Action Unit #9 It was moved and seconded Whereas Division 12 of Part 3 of the Community Charter (the “Charter”) authorizes Council to impose a remedial action requirement on the owner or owners of a building including a requirement to have the building brought up to a standard specified by bylaw where: 1) Council considers that the building is in or creates an unsafe condition; and 2) Council considers that the building contravenes the Provincial building regulations or a District bylaw under s. 8(3)(l) (buildings and other structures). AND WHEREAS Michael John Kwasnica is the registered owner (the “Owner”) of a strata lot known as Unit #9, 11709 Fraser Street, Maple Ridge, BC and legally described as Strata Lot 9 of District Lot 398 Group 1 New Westminster District Strata Plan NW8 together with an interest in the common property in Council Minutes April 14, 2009 Page 15 of 56 proportion to the unit entitlement of the strata lot as shown on form 1 (the “Strata Lot 9”); NOW THEREFORE, the Council of the District of Maple Ridge, in open meeting assembled, resolves as follows: 1. That Council hereby considers that Strata Lot 9 is in and creates an unsafe condition within the meaning of Section 73(2)(a) of the Charter as a result of Strata Lot 9 contravening the District of Maple Ridge Building Bylaw No. 6180-2003, the BC Building Code 2006, the District of Maple Ridge Fire Prevention Bylaw No. 4111-1988, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code and/or the BC Fire Code 2006; 2. That Council hereby considers that Strata Lot 9 is in a hazardous condition within the meaning of Section 73(2)(b) of the Charter as a result of Strata Lot 9 contravening the District of Maple Ridge Building Bylaw No. 6180-2003, the BC Building Code 2006, the District of Maple Ridge Fire Prevention Bylaw No. 4111-1988, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code, and/or the BC Fire Code 2006. 3. That Council hereby requires pursuant to its remedial action powers under Part 3, Division 12 of the Charter that the Owner: a) agree in writing with the District’s Manager of Inspection Services on a scheduled plan of repair and rehabilitation of Strata Lot 9 including completion dates for certain works to, in the opinion of the Manager of Inspection Services, ensure its safety and habitability in compliance with the standards specified in the District of Maple Ridge Building Bylaw No. 6180-2003, the District of Maple Ridge Fire Prevention Bylaw No 4111-1988, the BC Building Code 2006, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code, and the BC Fire Code 2006, as identified in the Manager Of Inspection Services’ report dated February 16, 2009 and the Fire Chief’s report dated March 9, 2009 no later than fourteen days (14) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; Council Minutes April 14, 2009 Page 16 of 56 b) commence the work set out in the agreed plan and proceed diligently and in a timely manner in strict accordance with the dates set out in the agreed plan pursuant to section 3a) of this resolution no later than twenty eight (28) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; and c) complete all work set out in the agreed plan pursuant to section 3a) of this resolution and obtain from the District’s Manager of Inspection Services confirmation in writing that the work has been completed to the Manager of Inspection Services’ and the Fire Chief’s satisfaction no later than ninety (90) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; (collectively, the “Remedial Action Requirement”). 4. That the District of Maple Ridge advise the Owner that the Owner may request that Council reconsider the Remedial Action Requirement by providing the District of Maple Ridge written notice within fourteen (14) days of the date on which the notice under s. 77 of the Charter was sent and that if any or all of the actions required by the Remedial Action Requirement is not completed by the dates specified for compliance (including adhering to the completion dates specified in the agreed plan pursuant to section 3a) of this resolution), the District of Maple Ridge may take action in accordance with section 17 of the Charter and undertake any or all of the actions required by the Remedial Action Requirement without further notice to and at the expense of the Owner. CARRIED R/09-122 801.6 Remedial Action Unit #10 It was moved and seconded Whereas Division 12 of Part 3 of the Community Charter (the “Charter”) authorizes Council to impose a remedial action requirement on the owner or owners of a building including a requirement to have the building brought up to a standard specified by bylaw where: 1) Council considers that the building is in or creates an unsafe condition; and 2) Council Council Minutes April 14, 2009 Page 17 of 56 considers that the building contravenes the Provincial building regulations or a District bylaw under s. 8(3)(l) (buildings and other structures). AND WHEREAS Jagdev Singh Athwal is the registered owner (the “Owner”) of a strata lot known as Unit #10, 11709 Fraser Street, Maple Ridge, BC and legally described as Strata Lot 10 of District Lot 398 Group 1 New Westminster District Strata Plan NW8 together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on form 1 (the “Strata Lot 10”); NOW THEREFORE, the Council of the District of Maple Ridge, in open meeting assembled, resolves as follows: 1. That Council hereby considers that Strata Lot 10 is in and creates an unsafe condition within the meaning of Section 73(2)(a) of the Charter as a result of Strata Lot 10 contravening the District of Maple Ridge Building Bylaw No. 6180-2003, the BC Building Code 2006, the District of Maple Ridge Fire Prevention Bylaw No. 4111-1988, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code and/or the BC Fire Code 2006; 2. That Council hereby considers that Strata Lot 10 is in a hazardous condition within the meaning of Section 73(2)(b) of the Charter as a result of Strata Lot 10 contravening the District of Maple Ridge Building Bylaw No. 6180-2003, the BC Building Code 2006, the District of Maple Ridge Fire Prevention Bylaw No. 4111-1988, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code, and/or the BC Fire Code 2006. 3. That Council hereby requires pursuant to its remedial action powers under Part 3, Division 12 of the Charter that the Owner: a) agree in writing with the District’s Manager of Inspection Services on a scheduled plan of repair and rehabilitation of Strata Lot 10 including completion dates for certain works to, in the opinion of the Manager of Inspection Services, ensure its safety and habitability in compliance with the standards specified in the District of Maple Ridge Building Bylaw No. 6180- 2003, the District of Maple Ridge Fire Prevention Bylaw No 4111-1988, the BC Building Code 2006, the Council Minutes April 14, 2009 Page 18 of 56 Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code, and the BC Fire Code 2006, as identified in the Manager Of Inspection Services’ report dated February 16, 2009 and the Fire Chief’s report dated March 9, 2009 no later than fourteen days (14) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; b) commence the work set out in the agreed plan and proceed diligently and in a timely manner in strict accordance with the dates set out in the agreed plan pursuant to section 3a) of this resolution no later than twenty eight (28) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; and c) complete all work set out in the agreed plan pursuant to section 3a) of this resolution and obtain from the District’s Manager of Inspection Services confirmation in writing that the work has been completed to the Manager of Inspection Services’ and the Fire Chief’s satisfaction no later than ninety (90) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; (collectively, the “Remedial Action Requirement”). 4. That the District of Maple Ridge advise the Owner that the Owner may request that Council reconsider the Remedial Action Requirement by providing the District of Maple Ridge written notice within fourteen (14) days of the date on which the notice under s. 77 of the Charter was sent and that if any or all of the actions required by the Remedial Action Requirement is not completed by the dates specified for compliance (including adhering to the completion dates specified in the agreed plan pursuant to section 3a) of this resolution), the District of Maple Ridge may take action in accordance with section 17 of the Charter and undertake any or all of the actions required by the Remedial Action Requirement without further notice to and at the expense of the Owner. CARRIED Council Minutes April 14, 2009 Page 19 of 56 R/09-123 801.7 Remedial Action Unit #11 It was moved and seconded Whereas Division 12 of Part 3 of the Community Charter (the “Charter”) authorizes Council to impose a remedial action requirement on the owner or owners of a building including a requirement to have the building brought up to a standard specified by bylaw where: 1) Council considers that the building is in or creates an unsafe condition; and 2) Council considers that the building contravenes the Provincial building regulations or a District bylaw under s. 8(3)(l) (buildings and other structures). AND WHEREAS Michael John Kwasnica is the registered owner (the “Owner”) of a strata lot known as Unit #11, 11709 Fraser Street, Maple Ridge, BC and legally described as Strata Lot 11 of District Lot 398 Group 1 New Westminster District Strata Plan NW8 together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on form 1 (the “Strata Lot 11”); NOW THEREFORE, the Council of the District of Maple Ridge, in open meeting assembled, resolves as follows: 1. That Council hereby considers that Strata Lot 11 is in and creates an unsafe condition within the meaning of Section 73(2)(a) of the Charter as a result of Strata Lot 11 contravening the District of Maple Ridge Building Bylaw No. 6180-2003, the BC Building Code 2006, the District of Maple Ridge Fire Prevention Bylaw No. 4111-1988, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code and/or the BC Fire Code 2006; 2. That Council hereby considers that Strata Lot 11 is in a hazardous condition within the meaning of Section 73(2)(b) of the Charter as a result of Strata Lot 11 contravening the District of Maple Ridge Building Bylaw No. 6180-2003, the BC Building Code 2006, the District of Maple Ridge Fire Prevention Bylaw No. 4111-1988, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code, and/or the BC Fire Code 2006. Council Minutes April 14, 2009 Page 20 of 56 3. That Council hereby requires pursuant to its remedial action powers under Part 3, Division 12 of the Charter that the Owner: a) agree in writing with the District’s Manager of Inspection Services on a scheduled plan of repair and rehabilitation of Strata Lot 11 including completion dates for certain works to, in the opinion of the Manager of Inspection Services, ensure its safety and habitability in compliance with the standards specified in the District of Maple Ridge Building Bylaw No. 6180-2003, the District of Maple Ridge Fire Prevention Bylaw No 4111-1988, the BC Building Code 2006, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code, and the BC Fire Code 2006, as identified in the Manager Of Inspection Services’ report dated February 16, 2009 and the Fire Chief’s report dated March 9, 2009 no later than fourteen days (14) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; b) commence the work set out in the agreed plan and proceed diligently and in a timely manner in strict accordance with the dates set out in the agreed plan pursuant to section 3a) of this resolution no later than twenty eight (28) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; and c) complete all work set out in the agreed plan pursuant to section 3a) of this resolution and obtain from the District’s Manager of Inspection Services confirmation in writing that the work has been completed to the Manager of Inspection Services’ and the Fire Chief’s satisfaction no later than ninety (90) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; (collectively, the “Remedial Action Requirement”). 4. That the District of Maple Ridge advise the Owner that the Owner may request that Council reconsider the Remedial Action Requirement by providing the District of Maple Ridge written notice within fourteen (14) days of the date on which the notice under s. 77 of the Charter was sent Council Minutes April 14, 2009 Page 21 of 56 and that if any or all of the actions required by the Remedial Action Requirement is not completed by the dates specified for compliance (including adhering to the completion dates specified in the agreed plan pursuant to section 3a) of this resolution), the District of Maple Ridge may take action in accordance with section 17 of the Charter and undertake any or all of the actions required by the Remedial Action Requirement without further notice to and at the expense of the Owner. CARRIED R/09-124 801.8 Remedial Action Unit #12 It was moved and seconded Whereas Division 12 of Part 3 of the Community Charter (the “Charter”) authorizes Council to impose a remedial action requirement on the owner or owners of a building including a requirement to have the building brought up to a standard specified by bylaw where: 1) Council considers that the building is in or creates an unsafe condition; and 2) Council considers that the building contravenes the Provincial building regulations or a District bylaw under s. 8(3)(l) (buildings and other structures). AND WHEREAS Regina Luise Oemitzsch is the registered owner (the “Owner”) of a strata lot known as Unit #12, 11709 Fraser Street, Maple Ridge, BC and legally described as Strata Lot 12 of District Lot 398 Group 1 New Westminster District Strata Plan NW8 together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on form 1 (the “Strata Lot 12”); NOW THEREFORE, the Council of the District of Maple Ridge, in open meeting assembled, resolves as follows: 1. That Council hereby considers that Strata Lot 12 is in and creates an unsafe condition within the meaning of Section 73(2)(a) of the Charter as a result of Strata Lot 12 contravening the District of Maple Ridge Building Bylaw No. 6180-2003, the BC Building Code 2006, the District of Maple Ridge Fire Prevention Bylaw No. 4111-1988, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code and/or the BC Fire Code 2006; Council Minutes April 14, 2009 Page 22 of 56 2. That Council hereby considers that Strata Lot 12 is in a hazardous condition within the meaning of Section 73(2)(b) of the Charter as a result of Strata Lot 12 contravening the District of Maple Ridge Building Bylaw No. 6180-2003, the BC Building Code 2006, the District of Maple Ridge Fire Prevention Bylaw No. 4111-1988, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code, and/or the BC Fire Code 2006. 3. That Council hereby requires pursuant to its remedial action powers under Part 3, Division 12 of the Charter that the Owner: a) agree in writing with the District’s Manager of Inspection Services on a scheduled plan of repair and rehabilitation of Strata Lot 12 including completion dates for certain works to, in the opinion of the Manager of Inspection Services, ensure its safety and habitability in compliance with the standards specified in the District of Maple Ridge Building Bylaw No. 6180- 2003, the District of Maple Ridge Fire Prevention Bylaw No 4111-1988, the BC Building Code 2006, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code, and the BC Fire Code 2006, as identified in the Manager Of Inspection Services’ report dated February 16, 2009 and the Fire Chief’s report dated March 9, 2009 no later than fourteen days (14) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; b) commence the work set out in the agreed plan and proceed diligently and in a timely manner in strict accordance with the dates set out in the agreed plan pursuant to section 3a) of this resolution no later than twenty eight (28) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; and c) complete all work set out in the agreed plan pursuant to section 3a) of this resolution and obtain from the District’s Manager of Inspection Services confirmation in writing that the work has been completed to the Manager of Inspection Services’ and the Fire Chief’s Council Minutes April 14, 2009 Page 23 of 56 satisfaction no later than ninety (90) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; (collectively, the “Remedial Action Requirement”). 4 That the District of Maple Ridge advise the Owner that the Owner may request that Council reconsider the Remedial Action Requirement by providing the District of Maple Ridge written notice within fourteen (14) days of the date on which the notice under s. 77 of the Charter was sent and that if any or all of the actions required by the Remedial Action Requirement is not completed by the dates specified for compliance (including adhering to the completion dates specified in the agreed plan pursuant to section 3a) of this resolution), the District of Maple Ridge may take action in accordance with section 17 of the Charter and undertake any or all of the actions required by the Remedial Action Requirement without further notice to and at the expense of the Owner. CARRIED R/09-125 801.9 Remedial Action Unit #13 It was moved and seconded Whereas Division 12 of Part 3 of the Community Charter (the “Charter”) authorizes Council to impose a remedial action requirement on the owner or owners of a building including a requirement to have the building brought up to a standard specified by bylaw where: 1) Council considers that the building is in or creates an unsafe condition; and 2) Council considers that the building contravenes the Provincial building regulations or a District bylaw under s. 8(3)(l) (buildings and other structures). AND WHEREAS Jagdev Singh Athwal is the registered owner (the “Owner”) of a strata lot known as Unit #13, 11701 Fraser Street, Maple Ridge, BC and legally described as Strata Lot 13 of District Lot 398 Group 1 New Westminster District Strata Plan NW8 together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on form 1 (the “Strata Lot 13”); Council Minutes April 14, 2009 Page 24 of 56 NOW THEREFORE, the Council of the District of Maple Ridge, in open meeting assembled, resolves as follows: 1. That Council hereby considers that Strata Lot 13 is in and creates an unsafe condition within the meaning of Section 73(2)(a) of the Charter as a result of Strata Lot 13 contravening the District of Maple Ridge Building Bylaw No. 6180-2003, the BC Building Code 2006, the District of Maple Ridge Fire Prevention Bylaw No. 4111-1988, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code and/or the BC Fire Code 2006; 2. That Council hereby considers that Strata Lot 13 is in a hazardous condition within the meaning of Section 73(2)(b) of the Charter as a result of Strata Lot 13 contravening the District of Maple Ridge Building Bylaw No. 6180-2003, the BC Building Code 2006, the District of Maple Ridge Fire Prevention Bylaw No. 4111-1988, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code, and/or the BC Fire Code 2006. 3. That Council hereby requires pursuant to its remedial action powers under Part 3, Division 12 of the Charter that the Owner: a) agree in writing with the District’s Manager of Inspection Services on a scheduled plan of repair and rehabilitation of Strata Lot 13 including completion dates for certain works to, in the opinion of the Manager of Inspection Services, ensure its safety and habitability in compliance with the standards specified in the District of Maple Ridge Building Bylaw No. 6180-2003, the District of Maple Ridge Fire Prevention Bylaw No 4111-1988, the BC Building Code 2006, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code, and the BC Fire Code 2006, as identified in the Manager Of Inspection Services’ report dated February 16, 2009 and the Fire Chief’s report dated March 9, 2009 no later than fourteen days (14) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; Council Minutes April 14, 2009 Page 25 of 56 b) commence the work set out in the agreed plan and proceed diligently and in a timely manner in strict accordance with the dates set out in the agreed plan pursuant to section 3a) of this resolution no later than twenty eight (28) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; and c) complete all work set out in the agreed plan pursuant to section 3a) of this resolution and obtain from the District’s Manager of Inspection Services confirmation in writing that the work has been completed to the Manager of Inspection Services’ and the Fire Chief’s satisfaction no later than ninety (90) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; (collectively, the “Remedial Action Requirement”). 4. That the District of Maple Ridge advise the Owner that the Owner may request that Council reconsider the Remedial Action Requirement by providing the District of Maple Ridge written notice within fourteen (14) days of the date on which the notice under s. 77 of the Charter was sent and that if any or all of the actions required by the Remedial Action Requirement is not completed by the dates specified for compliance (including adhering to the completion dates specified in the agreed plan pursuant to section 3a) of this resolution), the District of Maple Ridge may take action in accordance with section 17 of the Charter and undertake any or all of the actions required by the Remedial Action Requirement without further notice to and at the expense of the Owner. CARRIED Council Minutes April 14, 2009 Page 26 of 56 R/09-126 801.10 Remedial Action Unit #14 It was moved and seconded Whereas Division 12 of Part 3 of the Community Charter (the “Charter”) authorizes Council to impose a remedial action requirement on the owner or owners of a building including a requirement to have the building brought up to a standard specified by bylaw where: 1) Council considers that the building is in or creates an unsafe condition; and 2) Council considers that the building contravenes the Provincial building regulations or a District bylaw under s. 8(3)(l) (buildings and other structures). AND WHEREAS Jagdev Singh Athwal is the registered owner (the “Owner”) of a strata lot known as Unit #14, 11701 Fraser Street, Maple Ridge, BC and legally described as Strata Lot 14 of District Lot 398 Group 1 New Westminster District Strata Plan NW8 together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on form 1 (the “Strata Lot 14”); NOW THEREFORE, the Council of the District of Maple Ridge, in open meeting assembled, resolves as follows: 1. That Council hereby considers that Strata Lot 14 is in and creates an unsafe condition within the meaning of Section 73(2)(a) of the Charter as a result of Strata Lot 14 contravening the District of Maple Ridge Building Bylaw No. 6180-2003, the BC Building Code 2006, the District of Maple Ridge Fire Prevention Bylaw No. 4111-1988, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code and/or the BC Fire Code 2006; 2. That Council hereby considers that Strata Lot 14 is in a hazardous condition within the meaning of Section 73(2)(b) of the Charter as a result of Strata Lot 14 contravening the District of Maple Ridge Building Bylaw No. 6180-2003, the BC Building Code 2006, the District of Maple Ridge Fire Prevention Bylaw No. 4111-1988, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code, and/or the BC Fire Code 2006. Council Minutes April 14, 2009 Page 27 of 56 3. That Council hereby requires pursuant to its remedial action powers under Part 3, Division 12 of the Charter that the Owner: a) agree in writing with the District’s Manager of Inspection Services on a scheduled plan of repair and rehabilitation of Strata Lot 14 including completion dates for certain works to, in the opinion of the Manager of Inspection Services, ensure its safety and habitability in compliance with the standards specified in the District of Maple Ridge Building Bylaw No. 6180- 2003, the District of Maple Ridge Fire Prevention Bylaw No 4111-1988, the BC Building Code 2006, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code, and the BC Fire Code 2006, as identified in the Manager Of Inspection Services’ report dated February 16, 2009 and the Fire Chief’s report dated March 9, 2009 no later than fourteen days (14) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; b) commence the work set out in the agreed plan and proceed diligently and in a timely manner in strict accordance with the dates set out in the agreed plan pursuant to section 3a) of this resolution no later than twenty eight (28) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; and c) complete all work set out in the agreed plan pursuant to section 3a) of this resolution and obtain from the District’s Manager of Inspection Services confirmation in writing that the work has been completed to the Manager of Inspection Services’ and the Fire Chief’s satisfaction no later than ninety (90) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; Council Minutes April 14, 2009 Page 28 of 56 (collectively, the “Remedial Action Requirement”). 4. That the District of Maple Ridge advise the Owner that the Owner may request that Council reconsider the Remedial Action Requirement by providing the District of Maple Ridge written notice within fourteen (14) days of the date on which the notice under s. 77 of the Charter was sent and that if any or all of the actions required by the Remedial Action Requirement is not completed by the dates specified for compliance (including adhering to the completion dates specified in the agreed plan pursuant to section 3a) of this resolution), the District of Maple Ridge may take action in accordance with section 17 of the Charter and undertake any or all of the actions required by the Remedial Action Requirement without further notice to and at the expense of the Owner. CARRIED R/09-127 801.11 Remedial Action Unit #15 It was moved and seconded Whereas Division 12 of Part 3 of the Community Charter (the “Charter”) authorizes Council to impose a remedial action requirement on the owner or owners of a building including a requirement to have the building brought up to a standard specified by bylaw where: 1) Council considers that the building is in or creates an unsafe condition; and 2) Council considers that the building contravenes the Provincial building regulations or a District bylaw under s. 8(3)(l) (buildings and other structures). AND WHEREAS Sean Douglas Meyers is the registered owner (the “Owner”) of a strata lot known as Unit #15, 11701 Fraser Street, Maple Ridge, BC and legally described as Strata Lot 15 of District Lot 398 Group 1 New Westminster District Strata Plan NW8 together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on form 1 (the “Strata Lot 15”); NOW THEREFORE, the Council of the District of Maple Ridge, in open meeting assembled, resolves as follows: 1. That Council hereby considers that Strata Lot 15 is in and creates an unsafe condition within the meaning of Section 73(2)(a) of the Charter as a result of Strata Lot 15 contravening the District of Maple Ridge Building Bylaw Council Minutes April 14, 2009 Page 29 of 56 No. 6180-2003, the BC Building Code 2006, the District of Maple Ridge Fire Prevention Bylaw No. 4111-1988, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code and/or the BC Fire Code 2006; 2. That Council hereby considers that Strata Lot 15 is in a hazardous condition within the meaning of Section 73(2)(b) of the Charter as a result of Strata Lot 15 contravening the District of Maple Ridge Building Bylaw No. 6180-2003, the BC Building Code 2006, the District of Maple Ridge Fire Prevention Bylaw No. 4111-1988, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code, and/or the BC Fire Code 2006. 3. That Council hereby requires pursuant to its remedial action powers under Part 3, Division 12 of the Charter that the Owner: a) agree in writing with the District’s Manager of Inspection Services on a scheduled plan of repair and rehabilitation of Strata Lot 15 including completion dates for certain works to, in the opinion of the Manager of Inspection Services, ensure its safety and habitability in compliance with the standards specified in the District of Maple Ridge Building Bylaw No. 6180-2003, the District of Maple Ridge Fire Prevention Bylaw No 4111-1988, the BC Building Code 2006, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code, and the BC Fire Code 2006, as identified in the Manager Of Inspection Services’ report dated February 16, 2009 and the Fire Chief’s report dated March 9, 2009 no later than fourteen days (14) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; b) commence the work set out in the agreed plan and proceed diligently and in a timely manner in strict accordance with the dates set out in the agreed plan pursuant to section 3a) of this resolution no later than twenty eight (28) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; and Council Minutes April 14, 2009 Page 30 of 56 c) complete all work set out in the agreed plan pursuant to section 3a) of this resolution and obtain from the District’s Manager of Inspection Services confirmation in writing that the work has been completed to the Manager of Inspection Services’ and the Fire Chief’s satisfaction no later than ninety (90) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; (collectively, the “Remedial Action Requirement”). 4. That the District of Maple Ridge advise the Owner that the Owner may request that Council reconsider the Remedial Action Requirement by providing the District of Maple Ridge written notice within fourteen (14) days of the date on which the notice under s. 77 of the Charter was sent and that if any or all of the actions required by the Remedial Action Requirement is not completed by the dates specified for compliance (including adhering to the completion dates specified in the agreed plan pursuant to section 3a) of this resolution), the District of Maple Ridge may take action in accordance with section 17 of the Charter and undertake any or all of the actions required by the Remedial Action Requirement without further notice to and at the expense of the Owner. CARRIED R/09-128 801.12 Remedial Action Unit #16 It was moved and seconded Whereas Division 12 of Part 3 of the Community Charter (the “Charter”) authorizes Council to impose a remedial action requirement on the owner or owners of a building including a requirement to have the building brought up to a standard specified by bylaw where: 1) Council considers that the building is in or creates an unsafe condition; and 2) Council considers that the building contravenes the Provincial building regulations or a District bylaw under s. 8(3)(l) (buildings and other structures). AND WHEREAS Jagdev Singh Athwal is the registered owner (the “Owner”) of a strata lot known as Unit #16, 11701 Fraser Street, Maple Ridge, BC and legally described as Strata Lot 16 of District Lot 398 Group 1 New Westminster District Strata Plan NW8 together with an interest in the common property in Council Minutes April 14, 2009 Page 31 of 56 proportion to the unit entitlement of the strata lot as shown on form 1 (the “Strata Lot 16”); NOW THEREFORE, the Council of the District of Maple Ridge, in open meeting assembled, resolves as follows: 1. That Council hereby considers that Strata Lot 16 is in and creates an unsafe condition within the meaning of Section 73(2)(a) of the Charter as a result of Strata Lot 16 contravening the District of Maple Ridge Building Bylaw No. 6180-2003, the BC Building Code 2006, the District of Maple Ridge Fire Prevention Bylaw No. 4111-1988, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code and/or the BC Fire Code 2006; 2. That Council hereby considers that Strata Lot 16 is in a hazardous condition within the meaning of Section 73(2)(b) of the Charter as a result of Strata Lot 16 contravening the District of Maple Ridge Building Bylaw No. 6180-2003, the BC Building Code 2006, the District of Maple Ridge Fire Prevention Bylaw No. 4111-1988, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code, and/or the BC Fire Code 2006. 3. That Council hereby requires pursuant to its remedial action powers under Part 3, Division 12 of the Charter that the Owner: a) agree in writing with the District’s Manager of Inspection Services on a scheduled plan of repair and rehabilitation of Strata Lot 16 including completion dates for certain works to, in the opinion of the Manager of Inspection Services, ensure its safety and habitability in compliance with the standards specified in the District of Maple Ridge Building Bylaw No. 6180- 2003, the District of Maple Ridge Fire Prevention Bylaw No 4111-1988, the BC Building Code 2006, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code, and the BC Fire Code 2006, as identified in the Manager Of Inspection Services’ report dated February 16, 2009 and the Fire Chief’s report dated March 9, 2009 no later than fourteen days (14) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; Council Minutes April 14, 2009 Page 32 of 56 b) commence the work set out in the agreed plan and proceed diligently and in a timely manner in strict accordance with the dates set out in the agreed plan pursuant to section 3a) of this resolution no later than twenty eight (28) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; and c) complete all work set out in the agreed plan pursuant to section 3a) of this resolution and obtain from the District’s Manager of Inspection Services confirmation in writing that the work has been completed to the Manager of Inspection Services’ and the Fire Chief’s satisfaction no later than ninety (90) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; (collectively, the “Remedial Action Requirement”). 4. That the District of Maple Ridge advise the Owner that the Owner may request that Council reconsider the Remedial Action Requirement by providing the District of Maple Ridge written notice within fourteen (14) days of the date on which the notice under s. 77 of the Charter was sent and that if any or all of the actions required by the Remedial Action Requirement is not completed by the dates specified for compliance (including adhering to the completion dates specified in the agreed plan pursuant to section 3a) of this resolution), the District of Maple Ridge may take action in accordance with section 17 of the Charter and undertake any or all of the actions required by the Remedial Action Requirement without further notice to and at the expense of the Owner. CARRIED Council Minutes April 14, 2009 Page 33 of 56 R/09-129 801.13 Remedial Action Unit #17 It was moved and seconded Whereas Division 12 of Part 3 of the Community Charter (the “Charter”) authorizes Council to impose a remedial action requirement on the owner or owners of a building including a requirement to have the building brought up to a standard specified by bylaw where: 1) Council considers that the building is in or creates an unsafe condition; and 2) Council considers that the building contravenes the Provincial building regulations or a District bylaw under s. 8(3)(l) (buildings and other structures). AND WHEREAS Jagdev Singh Athwal is the registered owner (the “Owner”) of a strata lot known as Unit #17, 11715 Fraser Street, Maple Ridge, BC and legally described as Strata Lot 17 of District Lot 398 Group 1 New Westminster District Strata Plan NW8 together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on form 1 (the “Strata Lot 17”); NOW THEREFORE, the Council of the District of Maple Ridge, in open meeting assembled, resolves as follows: 1. That Council hereby considers that Strata Lot 17 is in and creates an unsafe condition within the meaning of Section 73(2)(a) of the Charter as a result of Strata Lot 17 contravening the District of Maple Ridge Building Bylaw No. 6180-2003, the BC Building Code 2006, the District of Maple Ridge Fire Prevention Bylaw No. 4111-1988, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code and/or the BC Fire Code 2006; 2. That Council hereby considers that Strata Lot 17 is in a hazardous condition within the meaning of Section 73(2)(b) of the Charter as a result of Strata Lot 17 contravening the District of Maple Ridge Building Bylaw No. 6180-2003, the BC Building Code 2006, the District of Maple Ridge Fire Prevention Bylaw No. 4111-1988, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code, and/or the BC Fire Code 2006. Council Minutes April 14, 2009 Page 34 of 56 3. That Council hereby requires pursuant to its remedial action powers under Part 3, Division 12 of the Charter that the Owner: a) agree in writing with the District’s Manager of Inspection Services on a scheduled plan of repair and rehabilitation of Strata Lot 17 including completion dates for certain works to, in the opinion of the Manager of Inspection Services, ensure its safety and habitability in compliance with the standards specified in the District of Maple Ridge Building Bylaw No. 6180- 2003, the District of Maple Ridge Fire Prevention Bylaw No 4111-1988, the BC Building Code 2006, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code, and the BC Fire Code 2006, as identified in the Manager Of Inspection Services’ report dated February 16, 2009 and the Fire Chief’s report dated March 9, 2009 no later than fourteen days (14) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; b) commence the work set out in the agreed plan and proceed diligently and in a timely manner in strict accordance with the dates set out in the agreed plan pursuant to section 3a) of this resolution no later than twenty eight (28) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; and c) complete all work set out in the agreed plan pursuant to section 3a) of this resolution and obtain from the District’s Manager of Inspection Services confirmation in writing that the work has been completed to the Manager of Inspection Services’ and the Fire Chief’s satisfaction no later than ninety (90) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; (collectively, the “Remedial Action Requirement”). Council Minutes April 14, 2009 Page 35 of 56 4. That the District of Maple Ridge advise the Owner that the Owner may request that Council reconsider the Remedial Action Requirement by providing the District of Maple Ridge written notice within fourteen (14) days of the date on which the notice under s. 77 of the Charter was sent and that if any or all of the actions required by the Remedial Action Requirement is not completed by the dates specified for compliance (including adhering to the completion dates specified in the agreed plan pursuant to section 3a) of this resolution), the District of Maple Ridge may take action in accordance with section 17 of the Charter and undertake any or all of the actions required by the Remedial Action Requirement without further notice to and at the expense of the Owner. CARRIED R/09-130 801.14 Remedial Action Unit #18 It was moved and seconded Whereas Division 12 of Part 3 of the Community Charter (the “Charter”) authorizes Council to impose a remedial action requirement on the owner or owners of a building including a requirement to have the building brought up to a standard specified by bylaw where: 1) Council considers that the building is in or creates an unsafe condition; and 2) Council considers that the building contravenes the Provincial building regulations or a District bylaw under s. 8(3)(l) (buildings and other structures). AND WHEREAS Jagdev Singh Athwal is the registered owner (the “Owner”) of a strata lot known as Unit #18, 11723 Fraser Street, Maple Ridge, BC and legally described as Strata Lot 18 of District Lot 398 Group 1 New Westminster District Strata Plan NW8 together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on form 1 (the “Strata Lot 18”); NOW THEREFORE, the Council of the District of Maple Ridge, in open meeting assembled, resolves as follows: 1. That Council hereby considers that Strata Lot 18 is in and creates an unsafe condition within the meaning of Section 73(2)(a) of the Charter as a result of Strata Lot 18 contravening the District of Maple Ridge Building Bylaw No. 6180-2003, the BC Building Code 2006, the District Council Minutes April 14, 2009 Page 36 of 56 of Maple Ridge Fire Prevention Bylaw No. 4111-1988, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code and/or the BC Fire Code 2006; 2. That Council hereby considers that Strata Lot 18 is in a hazardous condition within the meaning of Section 73(2)(b) of the Charter as a result of Strata Lot 18 contravening the District of Maple Ridge Building Bylaw No. 6180-2003, the BC Building Code 2006, the District of Maple Ridge Fire Prevention Bylaw No. 4111-1988, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code, and/or the BC Fire Code 2006. 3. That Council hereby requires pursuant to its remedial action powers under Part 3, Division 12 of the Charter that the Owner: a) agree in writing with the District’s Manager of Inspection Services on a scheduled plan of repair and rehabilitation of Strata Lot 18 including completion dates for certain works to, in the opinion of the Manager of Inspection Services, ensure its safety and habitability in compliance with the standards specified in the District of Maple Ridge Building Bylaw No. 6180- 2003, the District of Maple Ridge Fire Prevention Bylaw No 4111-1988, the BC Building Code 2006, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code, and the BC Fire Code 2006, as identified in the Manager Of Inspection Services’ report dated February 16, 2009 and the Fire Chief’s report dated March 9, 2009 no later than fourteen days (14) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; b) commence the work set out in the agreed plan and proceed diligently and in a timely manner in strict accordance with the dates set out in the agreed plan pursuant to section 3a) of this resolution no later than twenty eight (28) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; and Council Minutes April 14, 2009 Page 37 of 56 c) complete all work set out in the agreed plan pursuant to section 3a) of this resolution and obtain from the District’s Manager of Inspection Services confirmation in writing that the work has been completed to the Manager of Inspection Services’ and the Fire Chief’s satisfaction no later than ninety (90) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; (collectively, the “Remedial Action Requirement”). 4. That the District of Maple Ridge advise the Owner that the Owner may request that Council reconsider the Remedial Action Requirement by providing the District of Maple Ridge written notice within fourteen (14) days of the date on which the notice under s. 77 of the Charter was sent and that if any or all of the actions required by the Remedial Action Requirement is not completed by the dates specified for compliance (including adhering to the completion dates specified in the agreed plan pursuant to section 3a) of this resolution), the District of Maple Ridge may take action in accordance with section 17 of the Charter and undertake any or all of the actions required by the Remedial Action Requirement without further notice to and at the expense of the Owner. CARRIED R/09-131 801.15 Remedial Action Unit #20 It was moved and seconded Whereas Division 12 of Part 3 of the Community Charter (the “Charter”) authorizes Council to impose a remedial action requirement on the owner or owners of a building including a requirement to have the building brought up to a standard specified by bylaw where: 1) Council considers that the building is in or creates an unsafe condition; and 2) Council considers that the building contravenes the Provincial building regulations or a District bylaw under s. 8(3)(l) (buildings and other structures). AND WHEREAS Mary Ann Rose Jones is the registered owner (the “Owner”) of a strata lot known as Unit #20, 11715 Fraser Street, Maple Ridge, BC and legally described as Strata Lot 20 of District Lot 398 Group 1 New Westminster District Strata Plan NW8 together with an interest in the common property in Council Minutes April 14, 2009 Page 38 of 56 proportion to the unit entitlement of the strata lot as shown on form 1 (the “Strata Lot 20”); NOW THEREFORE, the Council of the District of Maple Ridge, in open meeting assembled, resolves as follows: 1. That Council hereby considers that Strata Lot 20 is in and creates an unsafe condition within the meaning of Section 73(2)(a) of the Charter as a result of Strata Lot 20 contravening the District of Maple Ridge Building Bylaw No. 6180-2003, the BC Building Code 2006, the District of Maple Ridge Fire Prevention Bylaw No. 4111-1988, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code and/or the BC Fire Code 2006; 2. That Council hereby considers that Strata Lot 20 is in a hazardous condition within the meaning of Section 73(2)(b) of the Charter as a result of Strata Lot 20 contravening the District of Maple Ridge Building Bylaw No. 6180-2003, the BC Building Code 2006, the District of Maple Ridge Fire Prevention Bylaw No. 4111-1988, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code, and/or the BC Fire Code 2006. 3. That Council hereby requires pursuant to its remedial action powers under Part 3, Division 12 of the Charter that the Owner: a) agree in writing with the District’s Manager of Inspection Services on a scheduled plan of repair and rehabilitation of Strata Lot 20 including completion dates for certain works to, in the opinion of the Manager of Inspection Services, ensure its safety and habitability in compliance with the standards specified in the District of Maple Ridge Building Bylaw No. 6180- 2003, the District of Maple Ridge Fire Prevention Bylaw No 4111-1988, the BC Building Code 2006, the Canadian Electrical Code Part 1, 2006, the B-149.1-05 Natural Gas and Propane Installation Code, and the BC Fire Code 2006, as identified in the Manager Of Inspection Services’ report dated February 16, 2009 and the Fire Chief’s report dated March 9, 2009 no later than fourteen days (14) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; Council Minutes April 14, 2009 Page 39 of 56 b) commence the work set out in the agreed plan and proceed diligently and in a timely manner in strict accordance with the dates set out in the agreed plan pursuant to section 3a) of this resolution no later than twenty eight (28) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; and c) complete all work set out in the agreed plan pursuant to section 3a) of this resolution and obtain from the District’s Manager of Inspection Services confirmation in writing that the work has been completed to the Manager of Inspection Services’ and the Fire Chief’s satisfaction no later than ninety (90) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to the Owner; (collectively, the “Remedial Action Requirement”). 4. That the District of Maple Ridge advise the Owner that the Owner may request that Council reconsider the Remedial Action Requirement by providing the District of Maple Ridge written notice within fourteen (14) days of the date on which the notice under s. 77 of the Charter was sent and that if any or all of the actions required by the Remedial Action Requirement is not completed by the dates specified for compliance (including adhering to the completion dates specified in the agreed plan pursuant to section 3a) of this resolution), the District of Maple Ridge may take action in accordance with section 17 of the Charter and undertake any or all of the actions required by the Remedial Action Requirement without further notice to and at the expense of the Owner. CARRIED Council Minutes April 14, 2009 Page 40 of 56 R/09-132 801.16 Remedial Action Common Property It was moved and seconded WHEREAS Division 12 of Part 3 of the Community Charter (the “Charter”) authorizes Council to impose a remedial action requirement on the owner or owners of a building including a requirement to have the building brought up to a standard specified by bylaw where: 1) Council considers that the building is in or creates an unsafe condition; 2) Council considers that the building contravenes the Provincial building regulations or a District bylaw under s. 8(3)(l) (buildings and other structures); and/or 3) Council declares the building is a nuisance; AND WHEREAS Jagdev Singh Athwal is the registered owner of ten strata lots known as Units #5, #6, #7 and #8, 11723 Fraser Street, Maple Ridge, BC; Unit #10, 11709 Fraser Street, Maple Ridge, BC; Units #13, #14 and #16, 11701 Fraser Street, Maple Ridge; Units #17 and #18 11715 Fraser Street, Maple Ridge, BC and legally described as: - Strata Lot 5 of District Lot 398 Group 1 New Westminster District Strata Plan NW8 together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on form 1, - Strata Lot 6 of District Lot 398 Group 1 New Westminster District Strata Plan NW8 together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on form 1, - Strata Lot 7 of District Lot 398 Group 1 New Westminster District Strata Plan NW8 together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on form 1, - Strata Lot 8 of District Lot 398 Group 1 New Westminster District Strata Plan NW8 together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on form 1; - Strata Lot 10 of District Lot 398 Group 1 New Westminster District Strata Plan NW8 together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on form 1; Council Minutes April 14, 2009 Page 41 of 56 - Strata Lot 13 of District Lot 398 Group 1 New Westminster District Strata Plan NW8 together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on form 1; - Strata Lot 14 of District Lot 398 Group 1 New Westminster District Strata Plan NW8 together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on form 1; - Strata Lot 16 of District Lot 398 Group 1 New Westminster District Strata Plan NW8 together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on form 1; - Strata Lot 17 of District Lot 398 Group 1 New Westminster District Strata Plan NW8 together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown of form 1; - Strata Lot 18 of District Lot 398 Group 1 New Westminster District Strata Plan NW8 together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on form 1; AND WHEREAS Michael John Kwasnica is the registered owner of two strata lots known as Units #9 and #11, 11709 Fraser Street, Maple Ridge, BC and legally described as: - Strata Lot 9 of District Lot 398 Group 1 New Westminster District Strata Plan NW8 together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on form 1; - Strata Lot 11 of District Lot 398 Group 1 New Westminster District Strata Plan NW8 together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on form 1; AND WHEREAS Regina Luise Oemitzsch is the registered owner of a strata lot known as Unit #12, 11709 Fraser Street, Maple Ridge, BC and legally described as Strata Lot 12 of District Lot 398 Group 1 New Westminster District Strata Plan NW8 together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on form 1; AND WHEREAS Sean Douglas Myers is the registered owner of a strata lot known as Unit #15, 11701 Fraser Street, Maple Ridge, BC and legally described as Strata Lot 15 of District Lot 398 Group 1 New Westminster District Strata Plan NW8 together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on form 1; Council Minutes April 14, 2009 Page 42 of 56 AND WHEREAS Sonia Athwal is the registered owner of a strata lot known as Unit #19, 11715 Fraser Street, Maple Ridge, BC and legally described as Strata Lot 19 of District Lot 398 Group 1 New Westminster District Strata Plan NW8 together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on form 1; AND WHEREAS Mary Ann Rose Jones is the registered owner of a strata lot known as Unit #20, 11715 Fraser Street, Maple Ridge, BC, and legally described as Strata Lot 20 of District Lot 398 Group 1 New Westminster District Strata Plan NW8 together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on form 1; AND WHEREAS the four buildings containing the Strata Lots referred to above includes common property (the “Common Property”) that is owned by Jagdev Singh Athwal, Sonia Athwal, Mary Ann Rose Jones, Michael John Kwasnica, Sean Douglas Myers and Regina Luise Oemitzsch, as tenants in common in proportion to the unit entitlement of each of their strata lots as shown on form 1 filed with Strata Plan NW-8 (“The Owners, Strata Plan NW-8); NOW THEREFORE, the Council of the District of Maple Ridge, in open meeting assembled, resolves as follows: 5. That Council hereby considers that the Common Property is in and creates an unsafe condition within the meaning of Section 73(2)(a) of the Charter as a result of the Common Property contravening the District of Maple Ridge Building Bylaw No. 6180-2003, the BC Building Code 2006, the District of Maple Ridge Fire Prevention Bylaw No. 4111-1988, and/or the BC Fire Code 2006; and the Canadian Electrical Code 2006 6. That Council hereby considers that the Common Property is in a hazardous condition within the meaning of Section 73(2)(b) of the Charter as a result of the Common Property contravening the District of Maple Ridge Building Bylaw No. 6180-2003, the BC Building Code 2006, the District of Maple Ridge Fire Prevention Bylaw No. 4111-1988, and/or the BC Fire Code 2006 and the Canadian Electrical Code 2006 7. That Council hereby declares that the Common Property is a nuisance, within the meaning of Section 74(2) of the Charter, as Council considers the Common Property to be so dilapidated and unclean as to be offensive and pose a risk to the community. Council Minutes April 14, 2009 Page 43 of 56 8. That Council hereby requires pursuant to its remedial action powers under Part 3, Division 12 of the Charter that The Owners, Strata Plan NW-8: a) agree in writing with the District’s Manager of Inspection Services on a scheduled plan of repair and rehabilitation of the Common Property including completion dates for certain works to, in the opinion of the Manager of Inspection Services, ensure its safety and habitability in compliance with the standards specified in the District of Maple Ridge Building Bylaw No. 6180-2003, the District of Maple Ridge Fire Prevention Bylaw No 4111-1988, the BC Building Code 2006 and the BC Fire Code 2006, as identified in the Manager Of Inspection Services’ report dated February 16, 2009 and the Fire Chief’s report dated March 9, 2009 no later than thirty days (30) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to The Owners, Strata Plan NW-8; b) commence the work set out in the agreed plan and proceed diligently and in a timely manner in strict accordance with the dates set out in the agreed plan pursuant to section 4a) of this resolution no later than sixty (60) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to The Owners, Strata Plan NW-8; and c) complete all work set out in the agreed plan pursuant to section 4a) of this resolution and obtain from the District’s Manager of Inspection Services confirmation in writing that the work has been completed to the Manager of Inspection Services’ and the Fire Chief’s satisfaction no later than two hundred and forty (240) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District of Maple Ridge to The Owners, Strata Plan NW-8; (collectively, the “Remedial Action Requirement”). 9. That the District of Maple Ridge advise The Owners, Strata Plan NW-8 that The Owners, Strata Plan NW-8 may request that Council reconsider the Remedial Action Requirement by providing the District of Maple Ridge written notice within fourteen (14) days of the date on which the notice under s. 77 of the Charter was sent and that if any or all of the actions required by the Remedial Action Requirement is not completed by the dates specified for compliance (including adhering to the completion dates specified in the agreed plan pursuant to section 4a) of this resolution), the District of Maple Ridge may take action in accordance with section 17 of the Council Minutes April 14, 2009 Page 44 of 56 Charter and undertake any or all of the actions required by the Remedial Action Requirement without further notice to and at the expense of The Owners, Strata Plan NW-8. CARRIED 900 CORRESPONDENCE – Nil 1000 BY-LAWS Bylaws for Final Reading 1001 RZ/002/09, 22351 144 Avenue Maple Ridge Zone Amending Bylaw No. 6646-2009 Staff report dated April 3, 2009 recommending final reading To rezone from A-2 (Upland Agricultural) to P-3 (Children’s Institutional) to permit the expansion of the existing Children’s Institutional use (Timberline Ranch) Final reading R/09-133 RZ/002/09 BL No. 6646-2009 It was moved and seconded Final reading That Bylaw No. 6646-2009 be adopted. CARRIED COMMITTEE REPORTS AND RECOMMENDATIONS 1100 COMMITTEE OF THE WHOLE Minutes – April 6, 2009 R/09-134 Minutes Committee of the It was moved and seconded Whole April 6, 2009 That the minutes of the April 6, 2009 Committee of the Whole Meeting be received. CARRIED Council Minutes April 14, 2009 Page 45 of 56 Public Works and Development Services 1101 RZ/015/08, 11252 Cottonwood Drive, RS-3 to RM-1 Staff report dated March 27, 2009 recommending that Maple Ridge Official Community Plan Amending Bylaw No. 6652-2009 and Maple Ridge Zone Amending Bylaw No. 6574-2008 to permit the construction of 81 townhouses be given first reading and be forwarded to Public Hearing. R/09-135 RZ/015/08 BL No. 6652-2009 It was moved and seconded BL No. 6574-2008 First reading 1. That Bylaw No. 6652-2009 be given first reading and be forwarded to Public Hearing. 2. That in accordance with 879 of the Local Government Act opportunity for early and ongoing consultation has been provided by way of posting Bylaw No. 6652-2009 on the municipal website and requiring that the applicant host a Development Information Meeting, and Council considers it unnecessary to provide any further consultation opportunities, except by way of holding a public hearing on the bylaw; 3. That Bylaw No. 6652-2009 be considered in conjunction with the Capital Expenditure Plan and Waste Management Plan; 4. That it be confirmed that Bylaw No. 6652-2009 is consistent with the Capital Expenditure Plan and Waste Management Plan; 5. That Bylaw No. 6574-2008 be given first reading and be forwarded to Public Hearing; and 6. That the following terms and conditions be met prior to final reading: i. Approval from the Ministry of Transportation; ii. Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of security as outlined in the Agreement; iii. Amendment to Schedule “B” & “C” of the Official Community Plan; iv. Registration of a geotechnical report as a Restrictive Covenant which addresses the suitability of the site for the proposed development; v. Road dedication as required; vi. Park dedication as required; vii. Registration of a Restrictive Covenant protecting the Visitor Parking. CARRIED Council Minutes April 14, 2009 Page 46 of 56 1102 RZ/045/06, 11566 224 Street, First Extension Staff report dated March 30, 2009 recommending that a one year extension be granted for rezoning application RZ/045/06 to permit a four storey apartment building under the CRM (Commercial/Residential) zone. R/09-136 RZ/045/06 First Extension It was moved and seconded That a one year extension be granted for rezoning application RZ/045/06 and that the following conditions be addressed prior to consideration of final reading; i. Approval from the Ministry of Transportation; ii. Registration of a Rezoning Servicing Agreement including the deposit of security as outlined in the Agreement; iii. Registration of a geotechnical report which addresses the suitability of the site for the proposed development; iv. Registration of a Restrictive Covenant protecting the Visitor Parking. CARRIED 1103 DVP/073/08, Northwest Corner of 248 Street and 100 Avenue, Roll #8429500000 Staff report dated March 17, 2009 recommending that the Corporate Officer be authorized to sign and seal DVP/073/08 to vary the carriageway road standard for this subdivision. R/09-137 DVP/073/08 Sign and seal It was moved and seconded That the Corporate Officer be authorized to sign and seal DVP/073/08 respecting property located at the northwest corner 248 Street and 100 Avenue, Roll #8429500000. CARRIED Council Minutes April 14, 2009 Page 47 of 56 1104 Lower Jackson Farm (24554 102 Avenue) and Upper Jackson Farm (Lot A LMP 42378) at 100th Avenue and 248th Street Staff report dated April 1, 2009 providing information on the feasibility of a proposed allotment of the Lower Jackson Farm parcel to the District of Maple Ridge in exchange for advanced development on the Upper Jackson Farm and recommending that direction be provided on options outlined in the staff report. The General Manager of Community Development, Parks and Recreation Services advised that the Parks Master Plan review is not complete and that conclusions have not yet been reached by consultants in terms of priorities for park areas. He indicated that the District has been acquiring active parkland as opposed to trails and conservation areas and that school and /park sites are a priority at this time. R/09-138 Lower and Upper Jackson Farm It was moved and seconded That the staff report dated April 1, 2009 entitled Lower Jackson Farm (24554 102 Avenue) and Upper Jackson Farm (Lot A LMP 42378) at 100 Avenue and 248 Street be received as information. CARRIED R/09-139 Lower and Upper Jackson Farm It was moved and seconded That staff be directed to proceed based on the parameters outlined in Option 1 contained on page 12 of the report. DEFEATED Councillor Ashlie, Councillor Dueck, Councillor Hogarth, Councillor Morden - OPPOSED Amended 2009/04/28 Council Minutes April 14, 2009 Page 48 of 56 R/09-140 Lower and Upper Jackson Farm It was moved and seconded That staff be directed to bring back a zone amending bylaw which will designate the Upper Jackson Farm as Urban Residential in exchange for the dedication of the Lower Jackson Farm to the District of Maple Ridge as per the applicant’s proposal at the April 6, 2009 Committee of the Whole Meeting. CARRIED Councillor King - OPPOSED 1105 Municipal Equipment Purchase, One Articulated Rubber Tired Loader Staff report dated March 23, 2009 recommending that the contract for the purchase of a Case 621E Articulated Rubber Tired Front End Loader and Accessories be awarded to Parker Pacific Equipment Sales Ltd. and that the Corporate Officer be authorized to execute the contract. R/09-141 Award of Contract Articulated Rubber It was moved and seconded Tired Loader That the contract for the purchase of a Case 621E Articulated Rubber Tired Front End Loader and accessories be awarded to Parker Pacific Equipment Sales Ltd. and that the Corporate Officer be authorized to execute the contract. CARRIED 1106 Municipal Equipment Purchase, Four Hybrid Vehicles Staff report dated March 28, 2009 recommending that the contract for the purchase of four hybrid Ford Escape vehicles be awarded to Metro Motors Ltd. and that the Corporate Officer be authorized to execute the contract. Council Minutes April 14, 2009 Page 49 of 56 R/09-142 Award of Contract Four Hybrid It was moved and seconded Vehicles That the contract for the purchase of four hybrid Ford Escape vehicles be awarded to Metro Motors Ltd. and that the Corporate Officer be authorized to execute the contract. CARRIED 1107 267 Street Local Area Service Staff report dated March 9, 2009 recommending that Maple Ridge 267 Street Water Services Bylaw No. 6623-2008 be given first, second and third readings and that Maple Ridge Water Service Amending Bylaw No. 6655-2009 be given first, second and third readings. R/09-143 267 Street Local Area Service It was moved and seconded That Maple Ridge 267 Street Water Services Bylaw No. 6623- 2008 be given first, second and third readings; and further That Maple Ridge Water Service Amending Bylaw No. 6655- 2009 be given first, second and third readings. CARRIED 1108 Award of Contract E03-010-069; PRV Station at Dewdney Trunk Road and Lougheed Highway Staff report dated March 31, 2009 recommending that Contract E03-010- 069; PRV Station at Dewdney Trunk Road and Lougheed Highway be awarded to Sandpiper Contracting LLP and that the Corporate Officer be authorized to execute the contract. Council Minutes April 14, 2009 Page 50 of 56 R/09-144 Award of Contract PRV Station It was moved and seconded That Contract E03-010-069: PRV Station at Dewdney Trunk Road and Lougheed Highway be awarded to Sandpiper Contracting LLP in the amount of $284,655.00; and further That the Corporate Officer be authorized to execute the contract. CARRIED 1109 2009 BC Disability Games Torch Relay Staff report dated March 31, 2009 recommending that the use of municipal streets be authorized for the 2009 BC Disability Games Torch Relay on Friday, April 17, 2009. R/09-145 Use of Streets 2009 BC Disability It was moved and seconded Games Torch Delay That use of municipal streets be authorized for the 2009 BC Disability Games Torch Relay on Friday, April 17, 2009, provided the conditions outlined in Schedule ‘A’ attached to the staff report dated March 31, 2009 are met. CARRIED 1110 Race the Ridge 2009 Bike Race Staff report dated March 31, 2009 recommending that the use of municipal streets be authorized for the Race the Ridge 2009 Bike Race on Saturday, April 25, 2009. R/09-146 Use of Streets Race the Ridge It was moved and seconded 2009 Bike Race That the use of municipal streets be authorized for the Race the Ridge 2009 Bike Race on Saturday, April 25, 2009, provided the conditions of Schedule ‘A’ attached to the staff report dated March 31, 2009 are met. CARRIED Council Minutes April 14, 2009 Page 51 of 56 1111 12th Annual Vistas Run Staff report dated March 31, 2009 recommending that the use of municipal streets be authorized for the 12th Annual Vistas Run on Sunday, May 31, 2009. R/09-147 Use of Streets 12th Annual Vistas It was moved and seconded Run That the use of municipal streets be authorized for the 12th Annual Vistas Run on Sunday, May 31, 2009, provided the conditions outlined in Schedule ‘A’ attached to the staff report dated March 31, 2009 are met. CARRIED Financial and Corporate Services (including Fire and Police) 1131 2010 – 2014 Business Planning Guidelines Staff report dated March 31, 2009 recommending that the Business Planning Guidelines for 2010 through 2014 be approved. Note: Item 1131 was referred to the April 28, 2009 Council Meeting. Community Development and Recreation Service 1151 Public Art Steering Committee and Management Agreement 1151.1 Staff report dated March 30, 2009 recommending that the attached Public Art Management letter agreement with the Maple Ridge-Pitt Meadows Arts Council be approved, that Bylaw No. 6659-2009 be given first, second and third readings. Council Minutes April 14, 2009 Page 52 of 56 R/09-148 Public Art Steering Committee and It was moved and seconded Mgmt Agreement That the Public Art Management letter agreement with the Maple Ridge-Pitt Meadows Arts Council attached to the staff report dated March 30, 2009 be approved; and further That Bylaw No. 6659-2009 be given first, second and third readings. CARRIED 1151.2 Appointment of a Council Representative to the Public Art Steering Committee Staff report dated March 30, 2009 recommending that a Council Representative be appointed to sit on the Public Art Steering Committee. The General Manager of Community Development, Parks and Recreation Services advised that the Public Art Steering Committee will be a Committee of Council. R/09-149 Public Art Steering Committee Council It was moved and seconded Rep Appointment That Councillor Dueck be appointed to sit on the Public Art Steering Committee. CARRIED Councillor Ashlie, Councillor Speirs - OPPOSED 1152 Park Site at 239B Street and 130A Avenue Staff report dated March 31, 2009 recommending that the concept plan for the park site at 239B Street and 130A Avenue be approved. Council Minutes April 14, 2009 Page 53 of 56 R/09-150 Park Site 239B Street and It was moved and seconded 130A Avenue That the concept plan for the Park site at 239B Street and 130A Avenue attached to the staff report dated March 31, 2009 be approved to allow further design in preparation for the tender of construction drawings. CARRIED Correspondence – Nil Other Committee Issues – Nil 1200 STAFF REPORTS 1201 2009 Heart and Stroke Big Bike Ride Staff report dated April 3, 2009 recommending that the use of municipal streets be authorized for the 2009 Heart and Stroke Big Bike Ride on Friday, April 24, 2009. R/09-151 2009 Heart and Stroke Big Bike It was moved and seconded Ride That the use of municipal streets be authorized for the 2009 Heart and Stroke Big Bike Ride on Friday, April 24, 2009 between 10:00 a.m. and 8:00 p.m., provided the conditions outlined in Schedule ‘A’ attached to the staff report dated April 3, 2009 are met. CARRIED 1300 RELEASE OF ITEMS FROM CLOSED COUNCIL From the April 6, 2009 Closed Council Meeting Amended Statutory Right-of-Way Agreement - 12148 224 Street E-Comm Board of Directors Designate – 2009/2010 Year Council Minutes April 14, 2009 Page 54 of 56 1400 MAYOR’S REPORT Mayor Daykin spoke to a new Council initiative called Our Spirit … Our Town and advised that more information will be brought forward at the next Council meeting. He also advised that the new initiative will be launched at Earth Day on April 25 at the first Farmers’ Market of the season. Mayor Daykin attended the Sunshine Foundation-Dreams for Kids celebrity baseball game. 1500 COUNCILLORS’ REPORTS Councillor King Councillor King advised that she attended a large number of events. Councillor Hogarth Councillor Hogarth attended the “Measuring Up the North” Conference in Prince George. Councillor Morden Councillor Morden attended a meeting of the Ridge Meadows Seniors Society, a supported housing workshop and a crime forum. He also attended a meeting of the Business Improvement Association Crime Prevention group. Councillor Dueck Councillor Dueck attended the Friends in Need Food Bank Open House. She advised that the Ridge Meadows Arts Council is hosting “Celebration of the Arts” from April 22 to April 24 and that the opening ceremonies will be held on April 21 at Municipal Hall. Councillor Speirs Councillor Speirs attended meetings of the Maple Ridge-Pitt Meadows Parks and Leisure Services Commission, the Lower Mainland Treaty Advisory Committee and the Lower Mainland Local Government Association. He also attended a dinner with Mission Council and an Alouette River Task Force workshop. Councillor Speirs reminded residents of the Good-bye Chums event to be held at Kanaka Creek Regional Park on April 19. Council Minutes April 14, 2009 Page 55 of 56 Councillor Ashlie Councillor Ashlie participated as a public speaking judge for Grade 7 students. She advised April 17th is the 100th day countdown for the BC Disability Games and that festivities will be held in Maple Ridge for that event. She attended a conference on the “Me to We” project at the Greg Moore Youth Centre. 1600 OTHER MATTERS DEEMED EXPEDIENT – Nil 1700 NOTICES OF MOTION AND MATTERS FOR FUTURE MEETINGS – Nil 1800 QUESTIONS FROM THE PUBLIC Joel DeYoung Mr. DeYoung spoke to the history behind the removal of the Jackson Farm from the Parks Master Plan. Willard Dunn Mr. Dunn advised that he represented the owners of land directly to the south of Jackson Farm and asked whether Council has directed staff to consider the impact of Council’s decision pertaining to Jackson Farm on this property. He expressed that the owners of the property are feeling left out of the process and would like to be advised on how to proceed. Neil Dmitrieff Mr. Dmitrieff asked whether it was morally wrong for Councillors accepting donations from developers, particularly those involved in the Jackson Farm, to be voting on those items. Dr. Shiraz Mawani Dr. Mawani asked whether the negotiations between the District and the property owner of the Lower Jackson Farm involve the land being given to the District as a gift or whether they involve a land exchange whereby the values for the higher densities being proposed for the Upper Jackson will be equal to the value of the Lower Jackson. The Chief Administrative Officer provided clarification on the land exchange. Dr. Mawani Dr. Mawani asked whether the increased cost to the community and the taxpayers of maintaining infrastructure and increased services for a larger development on the Upper Jackson Farm has been factored in. He asked if this number will be provided at a future Public Hearing. Council Minutes April 14, 2009 Page 56 of 56 Claus von Hardenberg Mr. von Hardenberg asked why Council does not say no to the proposal and look at other options. Martin Dmitrieff Mr. Dmitrieff asked whether the proposed exchange involving the Upper and Lower Jackson Farm would be in keeping with Smart Growth standards. He asked what policies of Smart Growth are and whether such policies coincided with the proposal. He also asked how increased demands on infrastructure, particularly schools in the area, will be addressed should higher density housing be approved. Betty von Hardenberg Ms. von Hardenberg asked why is there such a willingness to contravene the newly adopted Official Community Plan when the option of a land swap within the boundaries of the urban boundary has not yet been considered. Dave Smith Mr. Smith asked why the property owners at the present time cannot put forward an application to build on the Lower Jackson Farm and Upper Jackson Farm as it presently sits. Kevin Hodgins Mr. Hodgins asked which option for acquisition of Jackson Farm would cause his taxes to go up in the least amount. Hendrik Meekel Mr. Meekel asked if Council will consider taking away the urban reserve entirely. Dr. Mawani Dr. Mawani inquired whether answers to questions and concerns raised by the public at this meeting will be provided prior to a Public Hearing. The Chief Administrative Officer advised that the process of providing further information to the public will be discussed with the Director of Planning. 1900 ADJOURNMENT – 11:02 p.m. _______________________________ E. Daykin, Mayor Certified Correct ___________________________________ C. Marlo, Corporate Officer