ADMINISTRATIVE REPORT

Date: March 22, 2000
Author/Local: K Morgan/7760
RTS No. 01370
CC File No. 2701-1

P&E: April 6, 2000

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers of 719 East 29th Avenue

RECOMMENDATION

THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 719 East 29^th (Lot 8, Block 14, District Lots 391 & 392, Plan 2357) Avenue in order to warn prospective purchasers that there are contraventions of the Electrical By-law related to this building.

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 use of this building is a one family dwelling. There was previously a suite approved in the basement of the building for a temporary period of time which expired on December 31, 1974.

Several complaints were received in May and September of 1999 which resulted in enforcement letters and orders being sent to the owner of the property regarding violations of the Untidy Premises, Standards of Maintenance, Plumbing, Building and Electrical By-laws and the Provincial Gas Safety Act and Regulations. All By-law violations were eventually dealt with satisfactorily with the exception of the Electrical deficiencies.

On September 29, 1999, the District Electrical Inspector reported that a cable had been installed without permit from the breaker panel in the basement. As the basement walls and ceiling had recently been finished, the Electrical By-law requires electrical receptacles and the new Vancouver Building By-law requires a smoke alarm to be installed. The owner was advised to obtain the required Electrical Permit (and that it may only be issued to a licensed electrical contractor), correct the electrical work and arrange for an inspection. No application for permit has been submitted and a follow-up inspection indicated that some of the electrical work had been carried out, but not in compliance with the By-law (i.e. some receptacles without a ground, spacing not acceptable and work covered without inspection). The owner was therefore ordered to obtain the required permit and correct the electrical deficiencies. To date, she has not complied and the matter has been referred for prosecution.

DISCUSSION

The District Electrical Inspector advises that the building is currently listed for sale.

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 Electrical By-law related to this building.

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(c) 1998 City of Vancouver