Friday, July 03, 2009
No waterfront plans for Maple Ridge
Another day in Court.....Northumberland Court that is
Wednesday, July 01, 2009
Latest Jack in the Beanstalk Talk
This can be read two ways. The first is rather straight forward in that the tenure of the court appointed administrator which was supposed to end June 30th, has now been extended another thirty days so all of us living in and around Northumberland Court get thirty more days of Creighton's rule as opposed to Athwal's rule. Going by how Northumberland has been run in the last five years its hard to tell the difference from one to the other so not much will change on that front.
The other way this situation can be read is that the remedial actions imposed by the city regarding the condition of the suites and Northumberland Court will be fought by Creighton instead of being fought by Athwal, and this matters to a certain degree.
Having Creighton around puts Athwal in a better position in the long run as he now has someone else fighting his battle to avoid doing the remedial repairs. This leaves Athwal in a good position to not do the repairs, and if it is true he has a building permit before the city he can play that it is the administrator that is pushing this battle not himself, and as has been his line for so many years, he's an upstanding business man who is not treated fairly by his tenants or the city.
An extension of the appointment of Creighton also creates an extension on the time he has to get in front of a different judge and get an injunction against the city against performing their demolition order on building 11731. The biggest point here, and an apology for the repeat from the last update, is that this morning there was one court appearance. On July 29th there will be another court appearance for the same issue. The injunction about the building demo will yield at least two court appearances and possible more, so where is the money coming from?
Going to court is not cheap and neither is rehabilitating 16 units of one complex, particularly when some of those units have structural damage, as well problems with asbestos that will require the use of a hazardous materials team to clean it up. This whole mess just keeps getting more and more expensive and speaks to the notion that different levels of government could have, and should have stepped in long before things got to the sorry state they are in.
On that note it is clear that the BC government is still funding Athwal to run his slum housing. Why our tax dollars are going into the pocket of an individual who has admitted on television that this at this complex he is a slumlord one can only wonder. Perhaps instead of wondering though, anyone with the time should take the opportunity to contact our two Maple Ridge MLA's.
Two questions to ask would be:
'Why is the provincial government not respect municipal bylaws and decisions by continually funding Athwal?'
'What mechanism is the provincial government using to track the money they are putting out the door for housing, and what fail safes to they have in place to ensure that money for an individual to use for housing is in fact being used for housing at the location designated, and by the individual designated?'
Micheal Sather can be reached at
E-mail: michael.sather.mla@leg.bc.ca
Office:Room 201
Parliament Buildings
Victoria, BC
V8V 1X4
Tuesday, June 30, 2009
Second thoughts on the future of Maple Ridge
Saturday, June 27, 2009
Does Northumberland Court warrant invoking eminent domain
It is not unheard of for local government, in severe cases, to invoke eminent domain. Could the case of Northumberland take the District of Maple Ridge in this direction? There is a strong case for replacing the current owners with a government agency who could tear down the building and replace it with community housing for those families truly in need.
If this approach were used BC-wide it would fit well into the Province's need to care for the any homeless we have somehow managed to create.
Radio Haney
The term "condemnation" is used to describe the formal act of the exercise of the power of eminent domain to transfer title to the property from its private owner to the government. This use of the word should not be confused with its sense of a declaration that real property, generally a building, has become so dilapidated as to be legally unfit for human habitation due to its physical defects. This type of condemnation of buildings (on grounds of health and safety hazards or gross zoning violation) usually does not deprive the owners of the title to the property condemned but requires them to rectify the offending situation or have the government do it for the owner at the latter's expense.
Condemnation via eminent domain indicates the government is taking ownership of the property or a lesser interest in it, such as an easement. In most cases the only thing that remains to be decided when a condemnation action is filed is the amount of just compensation, although in some cases the right to take may be challenged by the property owner on the grounds that the attempted taking is not for a public use, or has not been authorized by the legislature, or because the condemnor has not followed the proper procedure required by law.
From the Maple Ridge Concerned Citizens
out saga.
http://www2.canada.com/mapleridgetimes/news/story.html?id=a0a8b919-6ce8-4561-afda-fbf9df2cb19d
What we at MRCCC have to add to this story is a discussion
about the other race that is going on over Northumberland Court, and
this race is around whether Steve Creighton will be around as the
administrator after June 30 to keep pursuing court actions against
the city over the other remedial actions imposed on Northumberland Court.
The initial court case, Kwasnica v Strata Plan NW8 - #076868, that
brought about a court appointed administrator was based around the idea
that an administrator would bring order to the complex, and this would
take a finite amount of time. When one looks at the last six months we
have a total of 7 police raids, two shootings, one arson attempt, and
who can forget the recent incident with the police tactical team being
called out while the helicopter circled overhead for a few hours.
Suffice to say after all that one would be hard pressed to say that
things are in order at Northumberland Court, and now the time imposed by
the judge to have an administrator is just about up.
Reading the oral judgment from case #076868 the term set by Judge
Melnick had the administrator in place until June 30 2009. Looking at
the calender that day is fast approaching. Why this matters is because
depending on whether the administrator is re-appointed by the courts or
the appointment expires will largely dictate how many more times
Northumberland Court ends up in Provincial court. It is baffling though
how much money has been spent, and looks to be spent, on court cases.
The question that constantly comes up is why is that money not being
spent on the remedial repairs?
According to Mike Kwasnica,who rents the two suites he owns at
Northumberland, the plan is to get the judge to put definite
orders/actions in to the new appointment of the administrator. His
belief is that if the judge will do this then if Athwal will not perform
these court orders Kwasnica and the Administrator will then take him to
court again to get these orders/actions enforced. Before all of this
though the administrator will have to enter into another race with the
city to get an injunction in court against the city remedial actions because
those are due July 31 09, essential one month from now. Now assuming
that Kwasinca and the Administrator can get definite orders put into the
appointment of the administrator they will still have to go through the
process of getting Athwal to perform the tasks and when Athwal does not
(see the case the city brought against Athwal regarding Morse Creek)
this will add another court case to show that he is not complying with
the court order. Assuming the two of them can show that Athwal is not
and will not perform the tasks they will then have to begin the process
of collecting the money to get the tasks done, which will be another
court case.
Once again, lots of time in court, lots of money being spent and nothing
substantial changing at Northumberland Court. If any readers are
wondering why Mike Kwasnica, who by the way was the one to step up to
stop the demolish last time, is fighting so hard to save Athwal's burnt
out suites the reason is he has plans to purchase them and rehabilitate
them and all of us are supposed to sit back until November 2011 which is
the time line he is giving that this will all be solved. MRCCC made
enquiries as to whether the community could have any say into this
re-appointment or at the very least present that it has an inherent
interest in how this complex is run and by who, but as has been the case
many times in trying to get a solution if you can't afford lawyers you
can't be heard by the court system.
So where does this leave everyone that is living in and around, and
experiencing the daily affects of Northumberland? As hard as this group
has been on the city they are the best hope all of us have that this
will be settled in the next few months as opposed to several years. The
recent action to push forward with the demolition is a good sign the
city is giving this situation the attention it has been lacking for the
last six years. There are still many questions to ask the city in
regards to how this situation has been handled, and why it was handled
differently then other similar situations, but for now what is most
important is a long term positive solution that will respect the rights
of all residents and help to promote a safer community that is not
constantly subjected to situations that are dangerous and harmful to
everyone around them. Let's hope the city keeps up the pace, this is far
from over and though still too early to say that the end of this whole
debacle is near, one may be able to say that actions are on the table so
perhaps there is a glimmer that by the end of August we will see a very
different, and hopefully more positive situation at Northumberland Court.
One final note. MRCCC is looking at putting together a meeting that
ideally will have both MLA's in attendance. This meeting will give an
over view of SCAN (Safe Communities And Neighbourhoods) legislation.
Several other provinces already have this legislation in place and it
has proven quite affective in allowing communities to get concrete
action taken on issues by going through the Provincial office of the
Solicitor General as opposed to criminal court.
Thursday, June 25, 2009
Golden Ears may herald new era for the City of Maple Meadows
Monday, June 22, 2009
From: Maple Ridge Concerned citizens website
- For years the city has made reference to the strata act of BC as the reason it has allowed the abuse at NW8 to carry on for so long. Could you please inform the citizens of Maple Ridge what sections of the Strata Act have rendered the city unable to act in any meaningful way and allowed one individual to run roughshod over the rights of an entire community?
- At the last council meeting questions were not answered because it was stated that the city is facing legal action, but when one searches the court filings at Vancouver, New Westminster, and Coquitlam they do now show that the District of Maple Ridge is facing any court actions tied into Northumberland Court. Can you please state what court case is against the city, which court house it is being heard in and what is the court case number?
- Please give the details of the business license suspension of Jagdev (Jack) Singh Athwal: how long will it last, what process needs to be followed for him to get his business license back, is he allowed to still be a landlord if the suites are already occupied, feel free to add anything that will shed some light on this situation.
- It has now come to light that the provincial government is again sending cheques for lodging to buildings at Northumberland Court even though the land lord has had his business license suspended, what is the city doing to enforce this suspension and ensure that it's own bylaws are respected, put another way why should citizens respect the bylaws of Maple Ridge if the provincial government does not?t
- Hypothetically speaking If a building has had it's gas, electrical and plumbing system tampered with what level of tampering would have to occur for it to still have an occupancy permit?
- Building Bylaw 6180-2003 which regulates the alteration, repair, and demolition of buildings and structures in Maple Ridge states in section 32.1 that “Every person who contravenes any provision of this bylaw commits an offence punishable on summary conviction and shall be liable to a fine of not more than $10,000 dollars or to imprisonment for not more than six months.” Would this bylaw apply to the owner of a structure who has knowledge that these alterations has occurred?
There have been no updates to the website for the last several weeks due to computer difficulties, these problems have been fixed and the hope is to update the website over the next week.
www.mrccc.org

