Illegal Construction - 3712 Sundown Drive

That Council: 1. Declare that the exterior stairs and decks at 3712 Sundown Drive are unsafe, contravene the Provincial building regulations, and creates hazardous conditions. 2. Impose remedial action requirements in relation to the provisions of Sections 72 and 73 of the Community Charter. 3. Direct the remedial action requirements to include: a. A building permit application signed by all owners on title must be submitted within 90 days from the date the remedial action requirement is imposed. The permit application must include: 1. BC Building Code -compliant, designer -quality drawings. 2. A signed/sealed survey prepared by a BC Land Surveyor, with all decks and stairs meeting City of Nanaimo Zoning Bylaw setback requirements without encroaching into Statutory Right-of-Ways. 3. Structural Engineer’s sealed design and Schedule B for design and field review of the foundation and framing. 4. Geotechnical Engineer’s sealed Schedule B for design and field review of bearing capacity of soil, compaction of engineered fill, structural considerations of soil including slope stability and seismic loading. 5. Geotechnical Engineer sign off on the bearing capacity of foundations which have already been poured or the foundations must be removed and re- excavated for inspection. 6. Design and field review (Schedule B) of glass guards on upper decks completed by an engineer or an Architectural Schedule B for structural capacity of architectural components. b. The building permit must be picked up and paid in full within 14 days of issuance. c. The scope of work set out in the building permit application must be completed within 90 days from the date the building permit 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 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 said remedial action is not undertaken within the timeline set out in Council’s resolution.