Remedial Action Requirement - 4918 Fillinger Crescent

That Council: 1. Declare that the decks, stairs, pathways, benches and improvements constructed within DPA1 ESA – 15m setback from the natural boundary of the ocean at 4918 Fillinger Crescent are in contravention of the City of Nanaimo “Building Bylaw 2016 No. 7224” and “Zoning Bylaw No. 4500” and not permitted within the DPA1: Environmentally Sensitive Area. 2. Impose remedial action requirements in relation to the provisions of Sections 72 and 73 of the Community Charter. 3. Direct the remedial action requirement to include: • Completion of a BC Land Survey with staked markers placed on the property. • Removal of all concrete trails and benches, with concrete to be disposed of at the landfill. • Removal of all stairs above grade and decks. • All work must be completed by no later than 90 days after the remedial action requirement is issued. 4. Direct Staff to advise the owner(s) that they may request Council reconsider the remedial action requirement by providing written notice within 14 days of the date on which notice of the remedial action requirement was sent. 5. Direct Staff or authorized agents to take action in accordance with Section 17 of the Community Charter without further notice to remove all unauthorized construction at the owner’s expense if the said remedial action requirement is not undertaken within the time limit set out in the Council resolution.