Remedial Action Requirement - 527 Fifth Street

It was moved and seconded that Council: 1. Declare, pursuant to section 73 of the Community Charter, that the illegal construction at 527 Fifth Street: a. Constitutes a hazardous condition; and b. Contravenes the Provincial Building Regulations or a bylaw under section 8(3)(l) of the Community Charter. 2. Impose the following remedial action requirements upon the registered owner(s), in accordance with Section 72(2)(a) and pursuant to Sections 73 – 75 of the Community Charter: a. Declare that the Building Bylaw contravention previously identified at the property remains unresolved and ongoing, including that work requiring a permit and inspection has not been brought into compliance, and the City has not been provided safe access to determine scope and safety implications. b. Require that a qualified hazardous materials consultant complete a hazardous materials assessment/survey of areas affected by the interior alterations and any adjacent or concealed impacted areas, and to require the registered owner(s) submit the written report to the City within 45 days of Council’s resolution. c. Require that the report include: - a designated substances inventory (including asbestos where present/suspected), - identification of locations and risk characterization, and - a site-specific safe work plan and required controls for inspection and any necessary “open-up” work. d. Require that Building and Bylaw Officials be provided safe access to the dwelling for inspection within 30 days of submission of the hazardous materials report, and only after hazardous materials controls are in place in accordance with the consultant’s safe work plan and/or clearance documentation. e. Require the submission of a complete building permit application within 60 days following City inspection to either: - Legalize the unpermitted alterations; or - Remove and remediate the unauthorized work and restore the dwelling to a code compliant condition. f. Direct that no further concealment of building elements occur until required inspections are completed and cleared by the Building Official. 3. Direct Staff to notify all affected persons of the Remedial Action Requirement in accordance with section 77 of the Community Charter, advising that the persons subject to the Order, or the owner of the property, may request that Council reconsider the Order by providing written notice within 14 days of the date the notice of the remedial action requirement was sent. 4. Direct Staff, or its authorized agents, to take action in accordance with Section 17 of the Community Charter, without further notice and at the owner’s expense, if the required remedial action is not undertaken within 30 days of Council’s resolution.