Owners of a British Properties home have been given 60 days to demolish an approximately 1,500-square foot structure on their land, built completely without permits and in violation of numerous bylaws.
According to a District of West Vancouver report, municipal staff first became aware of the unpermitted accessory building on Chartwell Court in May 2024 after a complaint from the public. A building inspector visited the site two days later.
“No building permits issued, none whatsoever. It is in a creek area. It is also in the wildfire development permit area. No permits issued for that,” director of planning Jim Bailey told council at the July 21 meeting.
Because the building never had any inspections done throughout construction, as is required by district bylaws, it’s impossible to tell if there are any “latent safety risks” that have been covered over, the staff report states, and therefore the building is “in a hazardous condition.”
“It’s an unacceptable safety risk,” Bailey said.
In August 2024, the owners hired a consultant to complete an environmental remediation plan that contemplates the removal of the building and restoration of the land with suitable riparian vegetation. Since then, however, the owners have “made no significant progress towards carrying out any of the steps recommended by the plan.”
The owners have also faced $14,800 in fines, the staff report notes, although only $500 has been paid.
According to the staff report, the owners are Omid Gerami, Kamran Gerami, Naib Gerami and Ayesheh Mansouri. The report states the owners have advised municipal staff that they are in litigation with the construction contractors who built the structure, alleging the company was responsible for the lack of permits, although the report adds that the municipal bylaw puts the onus on a property’s owner to obtain permits.
Councillor asks how this could be built without staff noticing
Before council’s unanimous vote ordering the demolition and remediation, Mayor Mark Sager expressed surprise that no one representing the property’s owners was appearing at the meeting to address the “significant issue.”
“I’ve seen these things before. This one’s really quite something because this looks like quite a structure that somebody’s built,” he said.
Sager added that he’d rather see the building moved elsewhere than be demolished and its debris sent to the landfill “which just even aggravates the whole thing further.”
“I’m sure there’s somewhere in the province that they could put it that wouldn’t break every rule in the book,” he said.
Bailey said staff would be open to that, although he added he did not know the specifics on how the building would be removed.
Coun. Nora Gambioli questioned staff on how the district found itself in the situation.
“When this appears in the North Shore News, people are going to read it and go ‘What?’ Can staff say how can this happen ... in this day and age? The entire house gets built and nobody knows that there have been no permits issued?”
Bailey said the property is largely forested and the offending structure was built at the back near Brothers Creek, behind the main house. As soon as someone filed a complaint, staff started their investigation, he added.
The owners have 30 days from the time they receive notice to “do all things necessary to apply for a demolition permit” and 60 days from the time of the resolution to demolish the structure, remove the debris and remediate the property in accordance with the plan already sent to the district. As of Aug. 7, the district had not yet received a demolition permit application, according to staff.
Under the law, if the property owner does not comply with a remedial action order, the municipality may do the work and add the costs to the owner’s municipal tax bill.
Beyond the order to remediate the property, council is also putting a notice on title so, if the property changes hands anytime soon, the future owner will know what they’re buying.
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