Agenda Index City of Vancouver



Standing Committee on Planning and Environment


City Building Inspector


Warning to Prospective Purchasers of 6668 Clarendon 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 acondition that he considers 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 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.


The construction of this one family dwelling with a detached two-car garage at 6668 Clarendon Street received final inspection approval from the District Building Inspector on May 17, 1996.

As a result of a complaint, the District Building Inspector reported in January of 1999 that a new sundeck was under construction at the rear of the building with a new aluminum roof erected over it, in contravention of the Zoning and Development and Vancouver Building By-laws. The owners were ordered to stop work and to either make application for the required permits or remove the unapproved construction.

A Development Permit application was refused on April 14, 1999 and the owners were ordered to remove the deck and roof additions.

An appeal to the Board of Variance on July 21, 1999 was disallowed. The owners were again ordered on August 26, 1999 to remove the deck and roof additions.

As the owners failed to comply with this 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.

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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