City council considers action against builder repeatedly flouting bylaws

FORT ST. JOHN, B.C. — City council is considering further action against a builder constructing unauthorized secondary suites on three separate properties. 

During the October 14th meeting, three reports on unauthorized secondary suites were reviewed by the City of Fort St. John council. 

The properties are 8823 112th Avenue, 11119 88th Street and 8911 112th Avenue. Each property was issued a building permit for the construction of one, single-detached dwelling with one secondary suite. 

Following the conclusion of construction, complaints were received from the community in July and August, indicating secondary suites had been constructed “without approvals following the issuance of the occupancy permit.” 

The additional secondary suites are not permitted by the BC Building Code, are in contravention of the city’s Zoning Bylaw and Building Bylaw, and was constructed without required city inspections for the safety of all occupants,” staff stated in the report. 

According to the report from staff, an inspection request was sent to the 8823 112th Avenue property on July 23rd and received on July 31st, with a deadline of August 25th. 

When no response was received, a council meeting notice was sent on September 9th, and received on September 17th. No response was received by October 14th. 

“To date, no application has been received nor has the owner contacted the city with regard to the bylaw contraventions,” the report stated. 

The report for the 11119 88th Street property detailed a similar pattern: An inspection request sent on July 23rd and received on July 31st, the deadline of August 25th was passed, a council meeting notice sent on September 5th which was returned as ‘unclaimed,’ with no communication received as of October 14th. 

The third report, detailing the 8911 112th Avenue property, was also contacted following complaints from the community. An inspection request was sent on August 5th with no response before the September 4th deadline, a meeting notice was sent on September 5th, and while it was received on September 11th, no response was received. 

Councillor Sarah MacDougall expressed concern about the continued violations by the same builder. 

She confirmed the buildings were being constructed first before the builder would return to install the secondary suite, despite signing documents with the city stating they were aware such an action would violate city bylaws. 

According to the reports, information will be submitted by staff for a “charge on title” to be filed with the Land Title and Survey Authority office. 

A charge on title is registered against a property, and can affect ownership, use and transferability of the land. It is intended to provide disclosure to future owners about potentially unsafe and uninspected buildings and limit the risk of future claims to the city. 

When asked by MacDougall, staff confirmed there was currently no recourse against a builder repeatedly violating bylaws at this time. The reports did not disclose the name of the builder.