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Court Order for Bylaw Infractions
Duncan, BC – The BC Supreme Court has issued a Court Order against the owner of a property at 4370 Kingscote Road. The Court Order declares the respondent (a local builder) has contravened the Cowichan Valley Regional District (CVRD) “Electoral Area D – Cowichan Bay Official Community Plan Bylaw No. 3605, 2013” by failing to comply with the conditions in the Development Permit issued on June 29, 2015. The builder has failed to implement the permit conditions despite efforts by the CVRD to achieve a resolution.
The Court Order further declares the respondent has contravened “CVRD Bylaw No. 3422 – Building Regulation Bylaw, 2011” by failing to obtain a Building Permit and failing to provide structural drawings prepared by an engineer prior to starting construction on retaining walls on the property.
The respondent has until March15, 2017 to comply with the Development Permit conditions and the Building Bylaw.
The Court Order gives the Regional District the legal authority to enter onto the property to undertake the required work if not completed by March 15, 2017. All costs associated with completing the work to bring the property into compliance will be added to the respondent’s property taxes. The court also ordered the CVRD is entitled to costs of the court application.
Development bylaws are intended to ensure health, safety and environmental requirements are addressed through the building process which protects the purchaser and, ultimately, the builder.