Lake Country staff are recommending a notice on title be approved for the Ace Hardware store. - Google Maps

Lake Country staff are recommending a notice on title be approved for the Ace Hardware store. - Google Maps

Notice on title recommended for Lake Country hardware store for unsafe display

Staff is recommending a notice on title as Ace Hardware has failed to comply with regulations

Lake Country’s chief building inspector is recommending council place a notice on title at Ace Hardware due to an unsafe structure made to display seasonal items.

An accessory building constructed and a trailer placed at the property on Woodsdale Road are without valid building permits, according to documents that will be presented to council next week. A notice on title is used by municipalities to make knowledge available to buyers that the land is subject to claims by other parties.

“The property owner was sent a letter notifying that a permit was required. Emails were sent to the applicant advising that further information was required to issue the permit. A letter was sent to the property owner advising that the building permit application was to expire in 180 days. The building permit application date has passed and the application has been cancelled,” the documents said.

A building inspector also outlined safety concerns with the structure in the council documents.

“On March 30, the inspector noticed that the roof over the accessory building appeared to be failing. This building is used to display seasonal items and is open to public access. Due to the failing roof structure and the public access, the chief building inspector believes this to be a risk to public safety.

“Sometime between March 30 and April 3, the building was relocated on the property. An inspection and photos of the structures on April 5 show that further work is occurring on the structure without a valid building permit in place,” the documents said.” A notice on the land title will aid with compliance since it may be difficult to obtain a mortgage or sell the property with such a notice.”

READ MORE: Business as usual at controversial Lake Country inn, despite failure to attain a licence

The owner of the business said the issue has been resolved, but Lake Country director of community services Mark Koch said the recommendation stands and will go to council next week.

“Notices on titles are standard tools that municipalities have to deal with building permit infractions, so if someone has not applied for a building permit or an incomplete building permit. In this instance, there was an incomplete building permit and there’s some outstanding information that the chief building inspector requires to be able to ensure public safety.

READ MORE: Judge rules controversial Lake Country inn will not get business licence

“Our goal is always to work towards compliance, but multiple attempts have been made to get the required information and address the concern about public safety knowing it is in an area the public is invited to,” Koch said.

He said the number of notice on titles usually happens a few times a year. He said the process of a notice on title encourages property owners to bring the buildings are in compliance with the district.

READ MORE: Notice on title remains in place for Airport Inn

READ MORE: Lake Country inn wants notice on title removed

@carliberry_
carli.berry@kelownacapnews.com

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