Agenda Index City of Vancouver



Standing Committee on Planning and Environment


City Building Inspector


Warning to Prospective Purchasers of 3555 Adanac Street





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.


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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