ADMINISTRATIVE REPORT

Date: December 15, 1999
Author/Local: C. Robbins/7535
RTS No. 01194

CC File No. 2701-1
P&E Date: February 3, 2000

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers of 382 East 13th Avenue

RECOMMENDATION

A. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 382 East 13th Avenue (Lot 8 Block 112 District Lot 301 Plan 187 Exc Plan 4153) , in order to warn prospective purchasers that there are contraventions of the Zoning and Development, Vancouver Building and Electrical By-laws related to this building.

B. THAT the Director of Legal Services be instructed to commence injunction

proceedings to obtain compliance with City by-laws at this address.

GENERAL MANAGER'S COMMENTS

The General Manager of COMMUNITY SERVICES recommends approval of the foregoing.

COUNCIL POLICY

Section 336D of the Vancouver Charter provides a mechanism whereby the City of Vancouver can warn prospective purchasers of contraventions of City By-laws relating to land or a building or structure. It provides that if the City Building Inspector observes a condition that he considers is of a nature that a purchaser unaware of the contravention, would suffer a significant loss or expense if the by-law were enforced against him, he may recommend to City Council that a resolution be considered directing the City Clerk to file a notice against the Title to the property in the Land Title Office.

BACKGROUND

The approved occupancy of this building is as follows:

Basement: Storage
1st Storey: Manufacturing and Office
2nd Storey: 3 Dwelling Units and Office

In July of this year, a coordinated inspection was carried out. The inspection revealed a number of deficiencies, including but not limited to the following:

1. There were three additional unauthorized dwelling units installed in the building without permit or approval
2. The three illegal suites do not have required fire separations, rated doors

or self closing devices

3. Entry doors to the legal dwelling units are hollow core (not rated) and do not have self closing devices
4. There are no smoke alarms in the building
5. An unauthorized mezzanine has been constructed in the manufacturing

area without permit or approval

6. Guards and handrails are missing throughout the building
7. There are no emergency lights and there are only 2 exit signs
8. There are a number of deficiencies under the Electrical By-law.

Some of the violations listed were unsafe and hazardous. Consequently, the owners were ordered to correct the unsafe conditions immediately and were also ordered to remove the unauthorized dwelling units and mezzanine and to have a licensed electrical contractor correct all of the electrical deficiencies.

The owners of the property responded by removing one of the illegal dwelling units (that was located next to the furnace) and had only the imminent electrical hazards corrected.
To date, they have not complied with the other requirements of the City’s order. I have referred this matter to the City Prosecutor for charges and will also be requesting that Legal Services pursue an Injunction to have this building brought into compliance with the By-laws.

It has come to our attention that the building is listed for sale.

DISCUSSION

The filing of a 336D Notice against the Certificate of Title to this property will warn any prospective purchasers that there are outstanding violations of the Zoning and Development, Vancouver Building and Electrical By-laws related to this building.

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(c) 1998 City of Vancouver