Present: Mayor W. Cobb; Councillors Boehm, Bonnell, Brenner, Nelson, Ryll and Smith
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That Williams Lake City Council (Council) resolve to impose remedial action requirements for 11 properties on Frizzi Road as set out below:
WHEREAS Division 12 of part 3 of the Community Charter authorizes Council to impose a remedial action requirement on the owner or owners of a building or other structure or erection of any kind, or the owner of land that it is on, to remove, demolish, bring up to a standard, or otherwise deal with it in accordance with directions of Council, a person authorized by Council, where the Council considers that the matter or thing is in or creates an unsafe condition and is a declared nuisance;
WHEREAS on November 10, 2020 Council, in open meeting assembled, resolve to impose remedial action requirements the following 11 Properties on the basis that they create an unsafe condition:
4005 Frizzi Road – Lot 10, Plan PGP15181, District Lot 8843, Cariboo Land District;
4007 Frizzi Road – Lot 9, Plan PGP15181, District Lot 8843, Cariboo Land District;
4009 Frizzi Road – Lot 8, Plan PGP15181, District Lot 8843, Cariboo Land District;
4011 Frizzi Road – Lot 7, Plan PGP15181, District Lot 8843, Cariboo Land District;
4013 Frizzi Road – Lot 6, Plan PGP15181, District Lot 8843, Cariboo Land District;
4015 Frizzi Road – Lot 5, Plan PGP15181, District Lot 8843, Cariboo Land District;
4019 Frizzi Road – Lot 4, Plan PGP15181, District Lot 11574, Cariboo Land District;
4021 Frizzi Road – Lot 3, Plan PGP15181, District Lot 11574, Cariboo Land District;
4023 Frizzi Road – Lot 2, Plan PGP15181, District Lot 11574, Cariboo Land District;
4029 Frizzi Road – Parcel A, Plan PGP24239, District Lot 11574, Cariboo Land District;
4105 Frizzi Road – Lot A, Plan PGP37483, District Lot 8844, Cariboo Land District;
WHEREAS the Council has now determined the specific remedial action requirements to be carried out by the Owners in respect of the Properties;
NOW THEREFORE, Council, in open meeting assembled, resolves and orders as follows:
1. That Council hereby considers that the properties pose an unsafe and hazardous condition within the meaning of Section 73 (1) (a)(b)(e) of the Community Charter for both the public at large and person(s) occupying the Properties.
2. That Council hereby considers that the properties pose a declared nuisance within the meaning of Section 74 (1) (a)(b)(e) of the Community Charter for both the public at large and person(s) occupying the Properties.
3. That Council hereby orders, pursuant to its remedial action powers under Part 3, Division 12 of the Community Charter, that the Owners, by November 27, 2020, elect to proceed with the removal of all inventory, accumulated materials, stockpiles, equipment and debris within:
25 metres from the crest of the bank at 4005, 4007, 4009 and 4105 Frizzi Road, and
15 metres of the crest of the slope for the rest of the subject Properties listed earlier
And further, the setback be considered a no access setback for any person on these properties including but not limited to its employees, agents, contractors, service providers, and invitees (including members of public without specific authorization).
4. That the City of Williams Lake advise that:
The Owners may, pursuant to Section 78 of the Community Charter, request Council to reconsider the remedial action requirements imposed for the Property by providing the City of Williams Lake written notice within fourteen (14) days of the date on which the notice under Section 77 of the Community Charter [Notice to affected persons] was sent.
5. If the Owners do not elect, on or before November 27, 2020, to complete the removal of all inventory, accumulated materials and debris, the City may, pursuant to section 17 of the Community Charter, at its option, enter onto the Properties and carry out all or any of the remedial action requirements at the Owners’ expense and without further notice. All cost recovery options will be employed by the City, including civil proceedings if necessary.
Council agreed to adjourn at 8:10pm
