Filing of Notice on Property Title and Declaration of Nuisance - 2486 Jeanine Drive

Executive Summary

The purpose of this report is to seek direction from Council with regard to ongoing issues arising from the presence of an unfinished, unsightly, and deteriorating structure at the property with the civic address of 2486 Jeanine Drive, Langford BC (the “Property”) and legally described as LOT 3, SECTION 107, ESQUIMALT DISTRICT, PLAN 30073. Staff are aware that the property is up for sale and want to ensure any potential buyer has notice of the issues.

The vacant structure has been the subject of numerous public complaints regarding its worsening state including flooding issues, garbage accumulation, pest activity, and potential structural instability. Despite more than a year of inspections, correspondence, and commitments from the property owner to either demolish or redevelop the structure, no substantive progress has been made. The structure remains in a dilapidated condition, contributing to persistent neighbourhood concerns about the potential safety and environmental risks as well as the unsightliness.

Staff are seeking:

• a resolution from Council to authorize filing of a Notice on the property title under section 57 of the Community Charter concerning known building deficiencies; and
• a declaration from Council that the structure is a Nuisance pursuant to Sections 72 and 74 of the Community Charter and asking that Council impose remedial action requirements.

Background

Legislation

Section 57 - Notice on Title

Section 57 of the Community Charter provides authority to local governments to administer and enforce the BC Building Code and other relevant City bylaws. The process enables local governments to register a notice, through the Land Title Office, against the title of a property where there is or has been Building Code or building bylaw related infraction(s). For example, notices may be registered where building deficiencies are suspected or demonstrated to a Building Official, where a Building Permit has lapsed but work has not been completed and/or inspections are outstanding, where work has proceeded without permits, or when there is a dangerous condition. The primary goal of registering a Section 57 Notice on Title is to ensure that where the local government is aware of an issue or potential issue, they provide notice to potential buyers or charge holders to allow them to make an informed decision.

Sections 72 and 74 - Nuisance Conditions

Sections 72 and 74(1)(a) of the Community Charter authorizes Council to declare a building or other structure to be a nuisance and to impose remedial action requirements in relation to that nuisance. Section 74(2) expands this authority to include situations where a thing is considered by Council to be so dilapidated or unclean as to be offensive to the community.

A remedial action order would require the owner to take the steps necessary to abate the nuisance. In this case, that may include removal of the vacant structure and its foundation, cleanup and disposal of debris, and filling or grading of any excavated or flooded areas beneath the structure to ensure adequate drainage.

History

The Property contains two structures, one occupied and one relocated structure that has remained vacant and uninhabitable since its placement on the property in 2012. The Property has been the subject of ongoing neighbourhood complaints, submission of a formal petition from surrounding residents, and extensive correspondence between City staff and the property owner.

The relocated structure was moved to the Property in 2012 in anticipation that the owner would be making an application for subdivision. Occupancy was withheld pending completion of that subdivision, which was never finalized. Over time, the vacant structure, by being open to weather conditions, groundwater flooding, overgrowing vegetation, and accumulation of garbage and discarded materials deteriorated without owner intervention or maintenance.

Since 2006, the Property has been associated with five separate subdivision applications (2006, 2012, 2014, 2017, and 2022). In 2020, the property owner received a Development Variance Permit to address setbacks for the relocated structure, but no occupancy or further progress followed. The most recent subdivision application expired in March 2024 without meaningful activity.

In early 2024, the City began receiving a significant volume of public complaints about the Property. A neighbourhood complaint with fourteen neighbour signatures was submitted in March 2024, urging Council to take corrective action. Since that time, Bylaw and Building staff have conducted multiple inspections and engaged directly with the owner, who has made several assurances of forthcoming demolition or redevelopment—none of which have been fulfilled.

The property is currently listed for sale and is the subject of formal foreclosure action. Staff believe that the filing of notice pursuant to section 57 will serve to protect anyone who might have an interest in the property. A Notice of Bylaw Contravention serves as an alert to any party potentially staking an interest in the property that there are or may be deficiencies in a structure(s) on the land. The specifics regarding the known violations or deficiencies are not contained at the Land Title Office but are retained as records on the property file at City Hall, and the information is made available when formally requested by entitled parties who may be alerted by the Notice. Notices can be released by the Building Inspector without further Council direction once the building-related issues are confirmed to be resolved.

Staff also believe that remediation of the site through demolition and removal of the vacant structure, including the removal of associated foundations and debris, as well as filling or grading of any excavated or flooded areas beneath the structure to ensure adequate drainage, represents the only effective means to permanently resolve the ongoing nuisance conditions given the absence of meaningful resolution by the owner to date.

These actions would address the health, safety, and aesthetic concerns associated with a long-term vacant and deteriorated structure, eliminate risks of unauthorized entry and flooding, and restore the property to a condition compatible with surrounding residential uses. Remediation would also relieve neighbouring residents from the continuing impacts, including concerns over neighbourhood safety, arising directly from the current state of the property.

Chronology

• 2006–2022 - Property associated with five subdivision applications (2006, 2012, 2014, 2017, 2022); none advanced to final approval. Each attempt was intended to facilitate redevelopment but lapsed due to incomplete submissions or inactivity.
• 2012-06-01 - Relocated structure moved to the site under building permit. Occupancy withheld pending subdivision approval and servicing requirements. Structure left in place but never completed or occupied.
• 2020-09-15 - Development Variance Permit issued to the owner to address setback non-conformity created by the relocated structure. Variance was granted to support a potential subdivision, but no further progress was made.
• 2022-03-04 - Subdivision application submitted by the owner. Application expired 2024-03-04, with no extension requested.
• 2024-01-10 - Complaints: site conditions — reports of unsightliness, water accumulation, rodent activity, and structural decay.
• 2024-02-03 - Inspection: extensive standing water under the structure, open access points, and accumulation of refuse and building debris.
• 2024-03-10 - Complaint signed by 14 residents of Jeanine Drive submitted to the city requesting enforcement and cleanup action. Complaint cited declining neighbourhood appearance and safety concerns.
• 2024-03-22 - Inspection: Building Inspection and Bylaw Enforcement staff confirmed ongoing flooding, interior decay, and unsecured entry points. Owner was advised that demolition or substantial rehabilitation was required. During the inspection, owner stated they planned to eventually demolish both the vacant secondary structure and the main occupied house to facilitate a potential subdivision of the property. Owner committed to begin cleaning up of the vacant structure and surrounding area within 30 days.
• 2024-04-27 - Inspection: partial cleanup observed. Standing water pumped from lower floor and debris partially removed. Structure remained uninhabitable and unsightly.
• 2024-06-28 - Inspection: structure secured against entry. No active permits or redevelopment applications on file.
• 2025-01-02 - Update requested from owner on progress in demolition for vacant structure; no response.
• 2025-03-21 - No response received from owner despite multiple attempts by City staff to prompt communication.
• 2025-04-02 - Inspection: Building and Bylaw staff met owner on site. Staff advised owner of possible nuisance declaration if no action is taken. Owner committed to submitting redevelopment plans by 2025-06-18.
• 2025-06-18 - Deadline for redevelopment proposal passed with no submission received by the City.
• 2025-07-03 - Owner advised City staff that a preliminary design brief was complete; however, no documentation was provided.
• 2025-08-05 - No response to City requests for an update on the preliminary design brief and redevelopment plans.
• 2025-10-24 - Structure remains vacant and deteriorated. No permits or applications submitted.

Commentary

Section 57 of the Community Charter sets out the circumstances under which a Building Inspector may recommend that Council consider a resolution to have a notice registered on title of a property. These circumstances include instances where the Building Inspector discovers that construction or an alteration was made to a building or other structure which required a permit, and either no permit was obtained or the work and inspections were not completed.

With respect to the property at 2486 Jeanine Drive, a physical inspection of the property and a review of City records confirms that the second structure remains on the property in a derelict and diminishing state. After more than 13 years, no permit applications have been forthcoming for the subdivision of the property as required for subdivision in accordance with the City’s Zoning Bylaw 300, or for completion of the second structure as required by the City’s Building Bylaw No. 1160. The structure currently does not conform to the BC Building Code since it is unfinished, leaving the required structural elements of the building unprotected from the weather.

The current structure is not in conformance with Sections 2.2.12 and 2.2.14 of Building Bylaw 1160 where the owner is not relieved of full responsibility for having the work under the original permit carried out in accordance with this bylaw and the Building Code. The owner shall ensure that all work covered by this bylaw shall be to an acceptable standard of good workmanship in performance and appearance.

Sections 72 through 74 of the Community Charter provides municipal Councils with the authority to identify, declare and take action to correct nuisances and hazardous situations on private land by issuing a remedial action order.

Council’s authority includes the ability to require a property owner to correct the declared nuisance conditions on their property by a specified date. Should the property owner fail to comply with the order, the Community Charter then provides that Council may direct staff and contractors to enter onto the property to remove or correct the conditions which led to the declaration of the nuisance. Where the City has to undertake the work, the legislation allows the costs of the remedial work to be charged to the property owner, and if unpaid after December 31 of that year, be added to property taxes.

Council resolutions imposing remedial action requirements must specify the time by which the required action must be completed by the owner, and Council is required to provide notice to any person or corporation subject to the requirement. Should Council proceed with declaring the property a nuisance, staff will be responsible for ensuring the appropriate and necessary steps are taken to carry out Council’s direction. Once notice of the order has been provided to the property owner, a reconsideration by Council may be requested by the property owner. Each holder of a registered charge in relation to the Property who appears on the assessment role must also be notified of the declaration and associated resolution imposing remedial action.

Despite inspections, resident complaints, and repeated City communications, the owner of 2486 Jeanine Drive have not submitted redevelopment plans or undertaken remediation of the vacant secondary structure, and as such the nuisance conditions are anticipated to continue indefinitely. The ongoing neglect of the Property not only undermine the character and safety of the surrounding neighbourhood but also impose a continuing demand on City resources. Since its relocation in 2012, the structure has remained unoccupied and largely unmaintained, with ongoing flooding in the lower level, accumulated debris, structural gaps, and overgrown landscaping, while also attracting rodents and pests.

City staff have repeatedly engaged the owner, issuing requests for cleanup, securing the building, and following up on proposed demolition or redevelopment plans. Despite these efforts, no substantive action has been taken, leaving the structure dilapidated and visually offensive.

A Remedial Action Order passed by Council in the form as attached as Schedule “A” to this report would permit staff to remediate the Property and bring it into compliance with the Remedial Action Order, should the property owner fail to take the steps required.

Financial Implications

There is a minimal processing fee of approximately $32.00 associated with filing a Notice on Title through the Land Titles Office.

If the Property Owner does not comply with the Remedial Action Order, the City will, either directly or through contractors, enter onto the premises and conduct the remedial work necessary to abate the nuisance conditions. Pursuant to Section 17 of the Community Charter, the costs of the work would be applied to the property tax account of this property as of December 31, 2026. This date accounts for the necessary time required for steps that advance the remedial process. As a result, the work as described above would most likely take place in early 2026.

At this time, the City has not sought a cost estimate for the works required to satisfactorily remediate the Property. If costs accrued are transferred to property taxes, all standard property tax rules apply (i.e. interest on arrears and delinquent taxes owing and should the property taxes remain unpaid and delinquent the property would go to Tax Sale). As such, staff are not concerned about the City’s ability to recoup the costs associated with the remediation, even if it is not collected until the Tax Sale process.

Legal Implications

Section 57 Notice on Title

Pursuant to Section 57 of the Community Charter, a Building Inspector may recommend to Council that a Notice on Title be filed through the Land Title Office. As required by the Community Charter, notice has been provided to the owner and the owner has been advised of their right to appear before Council to be heard.

Sections 72 and 74 - Nuisance Conditions

Council is provided with authority under Section 72 of the Community Charter to identify, declare and take action to correct nuisances and hazardous situations by employing a Remedial Action Order. The authority to make such declarations under Section 72 is further defined by Section 74 (nuisances).

Once such notice of the declaration has been provided to the property owner, those affected are permitted to request reconsideration by Council. Should Council uphold their decision, the property owner is then required to comply with the order.

Failure by the property owner to fulfill the terms of the order would result in staff and contractors entering onto the property to remediate all elements of the declared. Further remedies could include eventual sale of the property by the City through the authority of Section 80 of the Community Charter should the City be obliged to proceed with completing the remedial work where the property owner fails to do so, and where payment by the property owner for the work is not forthcoming. Further research into the application of this extraordinary remedy would be needed before this step was taken.

Strategic Plan Alignment

• 5 – Good Governance.

Options

Option 1

1. That Council direct staff to file a Notice of Bylaw Contravention in the Victoria Land Title Office pursuant to Section 57 of the Community Charter, against title of the land legally described as LOT 3, SECTION 107, ESQUIMALT DISTRICT, PLAN 30073.
2. That Council: a) Declare the property having a civic address of 2486 Jeanine Drive, Langford BC and legally described as LOT 3, SECTION 107, ESQUIMALT DISTRICT, PLAN 30073 (the “Property”) to be a nuisance pursuant to Section 74(1) and Section 74(2) of the Community Charter, due to the continued presence of a vacant building that is to be considered so dilapidated or unclean as to be offensive to the community;
   AND
   b) Impose a Remedial Action Order in the form as attached, subject to any revisions recommended by legal counsel;
   AND
   c) Direct staff that if such remedial action is not completed by the Property Owner within 60 days of Council’s Remedial Action Order being served on the Property Owner, the City, by its staff, contractors and agents, will enter the Property to complete the required work at the Owner’s expense pursuant to Section 17 of the Community Charter.

Option 2

THAT Council take no action with respect to the filing of Notice of Bylaw Contravention or by making a declaration or imposing remedial action requirements on the Property Owner of the parcel having a civic address of 2486 Jeanine Drive.

Submitted By

• Riley Leach, Construction Impact Officer, Community Safety & Municipal Enforcement
• Lorne Fletcher, Manager, Community Safety & Municipal Enforcement

Concurrence

• Melisa Miles, Manager of Legislative Services
• Chris Aubrey, Fire Chief
• Leah Stohmann, RPP, MCIP, Director of Community Planning and Climate Change
• Katelyn Balzer, P.Eng., Director of Engineering and Public Works
• Michael Dillabaugh, CPA, CA, Director of Finance
• Marie Watmough, Director of Legislative & Protective Services
• Braden Hutchins, Deputy Chief Administrative Officer
• Darren Kiedyk, Chief Administrative Officer

Attachments

• Schedule A: Remedial Action Order- 2486 Jeanine Drive
• Schedule B: Property Photos – 2486 Jeanine Drive