ADMINISTRATIVE REPORT

Date: May 3, 2000
Author/Local: K Morgan/7760
RTS No. 01480
CC File No. 2701-1

P&E: June 15, 2000

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers of 6668 Clarendon Street

RECOMMENDATION

A. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 6668 Clarendon Street (Lot 21 of C, Block 3, District Lot 336 SW Qtr, Plan 2580) in order to warn prospective purchasers that there are contraventions of the Zoning and Development and Vancouver Building By-laws related to this building.

B. THAT the Director of Legal Services is hereby authorized, in her discretion, to commence a legal action or proceeding in relation to the premises located at 6668 Clarendon Street and may, in her discretion, seek injunctive relief in that action or proceeding, in order to bring this building into compliance with City By-laws.

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 acondition that he considers is of a nature that a purchaser, unaware of the contravention, would suffer a significant loss or expense if the By-laws 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. Sections 334 and 571 of the Vancouver Charter allow the City to seek injunctive relief for any By-law contravention.

BACKGROUND

The construction of this one family dwelling with a detached two-car garage at 6668 Clarendon Street received final inspection approval from the District Building Inspector on May 17, 1996.

As a result of a complaint, the District Building Inspector reported in January of 1999 that a new sundeck was under construction at the rear of the building with a new aluminum roof erected over it, in contravention of the Zoning and Development and Vancouver Building By-laws. The owners were ordered to stop work and to either make application for the required permits or remove the unapproved construction.

A Development Permit application was refused on April 14, 1999 and the owners were ordered to remove the deck and roof additions.

An appeal to the Board of Variance on July 21, 1999 was disallowed. The owners were again ordered on August 26, 1999 to remove the deck and roof additions.

As the owners failed to comply with this order, charges were laid in Provincial Court. Our records indicate that the owners failed to appear in Court and that a Bench Warrant was issued and is still outstanding.

Although the property is not currently listed for sale, it is recommended that a 336D Notice be filed against the title to the property so that in the event that the owners decide to sell, any prospective purchaser will be warned that there are violations of the Zoning and Development and Vancouver Building By-laws related to this building. Subject to Council approval, I will be referring this matter to the Director of Legal Services to request that she commence legal action or an injunction if, in her opinion, it is appropriate to do so.

* * * * *

(c) 1998 City of Vancouver