Changes not made by homeowner, despite being told to address issues
City council slapped a notice of title on the property of a Rossland landowner when numerous attempts to get him to make improvements to his duplex failed.
Council unanimously voted to enact a section of the community charter on the property at 2374 Second Ave. after owner Darryl May failed to appear before council to explain why he has yet to comply with city bylaws and variances.
“I think it’s high time we’ve taken some action here,” said councillor Kathy Moore. “I appreciate the fact that Mr. May has started to cooperate with the city but I think the whole thing has been an unfortunate use of staff time to compel a citizen to comply with a variance that he requested.”
In January 2009, May submitted an application to rezone the residential property to allow a duplex. However the public works manager inspected the property and found building code and development violations and recommended that May address those concerns before the application could proceed.
May was directed to consolidate the lots, improve the grade of the alleyway, lower the sewer line, provide an easement and fix eaves on the garage that extended beyond his property line.
Council approved the rezoning application on the condition the work be completed.
May is now cooperating and has done some of the work but the extending eaves and statutory right-of-way have not been done, so the notice has been applied to these two areas, said administrator Tracey Butler on Tuesday.
Essentially, he can go ahead with “business as usual, but he will get caught when it comes to selling his property or doing anything further to the property,” she said.
Neighbours complained about the property to the city in June 2010.
A letter was then sent to May in September and again in November, giving him a chance to appear before council to address concerns, but he didn’t.
May contends that a regional district building inspector approved the property but city staff could not verify the assertion.
“We haven’t seen any- thing that indicates that that was what was approved, so it is up to him to provide that, otherwise we have to follow the direction in the development variance permit,” said administrator Victor Kumar.
A notice of title is filed with the Land Title Authority of British Columbia as a warning to potential buyers that building codes or development permits have not been met on the specified property.