ADMINISTRATIVE REPORT

Date: April 26, 2000
Author/Local: K Morgan/7760
RTS No. 01463
CC File No. 2701-1

P&E: May 18, 2000

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers of 3555 Adanac Street

RECOMMENDATION

A. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 3555 Adanac Street (Lot 24, Block 88 S Hlf, THSL, Plan 2813) 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 3555 Adanac 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 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. Sections 334 and 571 of the Vancouver Charter allow the City to seek injunctive relief for any By-law contravention.

BACKGROUND

This is an existing one family dwelling that received final inspection approval in October of 1976. An inspection in March of 1998 indicated that an approximate 20' x 12' addition had been constructed to the existing sundeck at the rear of the building with an unapproved storage enclosure below and an approximate 26' x 12' aluminum roof addition, all without permit or approval in contravention of the Zoning and Development and Vancouver Building By-laws. It was also reported that concrete stairs with an unacceptable rise and run had been constructed and that there were no guards around the sundeck, in contravention of the Vancouver Building By-law and creating a potentially unsafe condition.

The owners were advised in writing to block access to the rear deck and either make application for the required permits or remove all unapproved construction. As a subsequent inspection revealed that the unapproved construction still existed and no applications for permits had been submitted, the owners were ordered to remove the additions.

As the owners failed to comply with the 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.

An inspection in March of 1999 revealed that there were still no guards around the deck at the rear, so the owners were ordered to block access to the rear deck. A re-inspection indicated that aluminum guards had been installed around the deck and there was a gate at the top of the stairs, alleviating the unsafe condition.

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