Written by Mark Nielsen
Citizen staff
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Tuesday, 03 November 2009 |
A residential building project in the Westgate area may soon have a date with the wrecking ball.
City council voted 8-1 Monday night to give the owner of the site at 6713 Westmount Drive 30 days to level the building, which city building inspector found on the verge of collapse in early October.
If the the Dec. 3 deadline, the city can bring in an contractor to do the work and forward the bill to the owner. The owner, meanwhile, has 14 days to appeal council's decision.
The move is the latest in a long-running battle between the owner and the city over the project, a four-unit townhouse complex that's supposed to be the first phase of a 36-unit development.
In June, council voted to register a notice against title for building code and bylaw contraventions after chief building inspector Ernie Maleniza found a handful of problems with the building.
A "huge crack" had appeared in the foundation after the builder failed to protect the foundation from the cold weather, as required by the Building Code, water three-to-four-feet deep had collected in an excavation around the foundation after it was left open throughout the winter, and part of the building's exterior stud wall was about to collapse.
The owner did comply with a request to install a fence around the site but no efforts have been made to fix the foundation and backfill the excavation to prevent further damage in another winter, according to a staff report.
And in a visit on Oct. 8, Maleniza found the walls and floor of one of the units had collapsed due to considerable amount of moisture absorbed by the wood structure. He also found that the door of the barricade was left unsecured.
The city was also still waiting for a report from an engineer representing the owner that was supposed to be ready by Monday.
Coun. Dave Wilbur voted against the motion arguing council should get an engineering report confirming the building's safety trouble before proceeding with a demolition order.
Council acted under a section of the Community Charter that allows building to be demolished if they're deemed unsightly.
Exactly who owns the site is in doubt. Although the property is registered under numbered company owned by Mike Nahal, staff told council it's in the process of being transferred to Billy Johal, representing Wave Development Ltd.
The conflict dates back 18 months to when the city issued a stop work order because construction was started without a permit.
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Last Updated ( Tuesday, 03 November 2009 )
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