ADMINISTRATIVE REPORT

Date: September 9, 1998
Author/Local: C. Robbins/7535
CC File No. 2701-1

TO: Standing Committee on Planning and Environment

FROM: City Building Inspector

SUBJECT: Warning to Prospective Purchasers of Individual Strata Lots at

2770 Fraser Street

RECOMMENDATION

THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to each of the strata lots at 2770 Fraser Street (Strata Lots 1, 2 and 3, District Lot 264A, Strata Plan LMS1376) in order to warn prospective purchasers that there is a contravention of the Vancouver Building By-law related to this building.

GENERAL MANAGER'S COMMENTS

The General Manager of Community Services RECOMMENDS approval of the foregoing.

COUNCIL POLICY

The Vancouver Charter, Section 336D, provides a mechanism whereby the City of Vancouver can warn prospective purchasers of contravention of City By-laws relating to land or a building or structure.

Section 336D of the Vancouver Charter provides that, if the City Building Inspector observes a condition that he considers:

(a) to be in contravention of a By-law or regulations relating to the construction or safety of buildings or structures; or

(b) as a result of that condition, a building or structure is unsafe or is unlikely to be useable for its expected purpose during its normal lifetime; or
(c) the contravention 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, pursuant to Section 336D(2), directing the City Clerk to file a notice against the title to the property in the Land Title Office.

BACKGROUND

This property contains a 3-storey, 3-family dwelling that was constructed under Building Permit No. BU821380 that was issued in November of 1993.

The District Building Inspector reports that although a final inspection has not been carried out and the required final Letters of Assurance from the Registered Professional has not been submitted, the building has been occupied for approximately two years. Our records indicate that the Registered Professional for this project has written to advise that because he has not been paid for these services, he is not prepared to provide the required Letters of Assurance. The owners of the property have been ordered to arrange for an inspection of the building and submit the required documentation in order to obtain an Occupancy Permit but, to date, have not complied. As a result, the District Inspector has been unable to carry out a final inspection and has not received the documentation necessary to confirm whether or not the construction of this building meets the requirements of the Building By-law. Consequently, this matter is being referred to the City Prosecutor for the laying of charges in Provincial Court. The results of this action may result in the owners being levied a fine and may also trigger further action by the City in the form of an Application for an Injunction to vacate the building.

DISCUSSION

The Inspector reports that the building is currently listed for sale. The filing of a 336D Notice will ensure that any prospective purchaser is made aware that there is a violation of the Building By-law related to this building and that the purchaser may suffer a significant loss or expense if the by-law was enforced against him.

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(c) 1998 City of Vancouver