ADMINISTRATIVE REPORT

Date: April 11, 2000
Author/Local: K Morgan/7760
RTS No. 01394
CC File No. 2701-1

P&E: May 4, 2000

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers of 4286 Balkan Street

RECOMMENDATION

A. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 4286 Balkan Street (Lot 4 of J of 19 & 20, Blocks 10 to 13 & 22 to 25, District Lots 391 & 392, Plan 6251) 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 4286 Balkan Street and may, in her discretion, seek injunctive relief in that action or proceeding.

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 mayrecommend 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 construction of this one family dwelling with a detached three-car garage received final inspection approval from the District Building Inspector on May 27, 1998.

As a result of a complaint in August of 1998 (regarding an addition at the rear and digging out the crawlspace), the District Building Inspector reported that a deck had been constructed at the rear of the building and that there was debris in the basement patio well that appeared to have been taken out from the basement. The owners refused access to the building.

In May of 1999, the inspector reported that the approximate 16' x 14' deck addition at the rear was being enclosed without permits or approval (the previously reported deck is now the floor system for this addition), in contravention of the Zoning and Development and Vancouver Building By-laws. The owners were advised in writing to stop work immediately, to either make application for the required permits or remove the unapproved work, and to provide access to the basement.

An inspection in October of 1999 indicated that the finished addition at the rear now contained a new kitchen and that there was a newly installed sink outside the garage at the rear of the property.

No applications for permits have been submitted for any of the unapproved work and the owners have not provided access to the basement after three written requests.

As the owners failed to comply with our requests to provide access, 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, Vancouver Building, Plumbing and Electrical By-laws related to this building.

The property owners have been ordered to either obtain the required permits or to remove all unapproved work. In the event that they do not comply, 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