ADMINISTRATIVE REPORT

Date: August 10, 2000
Author/Local: K Morgan/7760

RTS No. 01653

CC File No. 2701-1

CS&B: September 14, 2000

TO:	Standing Committee on City Services and Budgets
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers of 1918 Sasamat Place

RECOMMENDATION

A. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 1918 Sasamat Place (Lot 6 of 4, Block N, District Lot 540, Plan 6258) 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 1918 Sasamat Place 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 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-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

Development Permit No. DE404325 and Building Permit No. BU412752 were issued September 27, 1999 for interior and exterior alterations, an addition to the rear and to raise the existing one family dwelling at 1918 Sasamat Place.

The District Building Inspector reported in February of 2000 that the existing building had been demolished down to the foundation walls without permit or approval, in contravention of the Zoning and Development and Vancouver Building By-laws. The owner was ordered to stop work and to obtain the required permits prior to any new work being undertaken.

On April 18, 2000, the owner of the property was notified that the Building Permit had been revoked and was ordered to remove the framing and foundation walls from the site and level the resulting excavation to the grade level of the surrounding area by May 30, 2000.

As the owner failed to comply with the order, this matter was referred for charges. Enforcement action is currently being withheld pending the outcome of Development Permit Application No. DE405275, submitted July 17, 2000 for the construction of a new one family dwelling.

Two previous Development Permit applications (submitted February 7 and April 20, 2000 for the construction of a new one family dwelling) have been refused and two appeals to the Board of Variance were disallowed.

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.

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(c) 1998 City of Vancouver