ADMINISTRATIVE REPORT

Date: May 30, 2000
Author/Local: K Morgan/7760
RTS No. 01523
CC File No. 2701-1

P&E: June 22, 2000

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers of 1128 East 11th Avenue

RECOMMENDATION

A. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 1128 East 11th Avenue (Lot 22 of C, Block 159, District Lot 264A, Plans 1143 & 1771) 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 1128 East 11th Avenue 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-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.

BACKGROUND

The building at 1128 East 11^th Avenue is an existing one family dwelling in an RT-5 District.

As a result of a complaint, the District Building Inspector reported in September of 1997 that an approximate 15' x 21' addition was under construction below the sundeck at the rear of the building, 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.

The owners requested, and were granted, two extensions of time as they indicated that they were having plans prepared to submit for an application for Development Permit.

As an application was not submitted and they did not remove the unapproved work, charges were laid in Provincial Court, the owners pled guilty and were fined in January of 1999.

As a follow-up inspection indicated that the unapproved work still existed, the owners were ordered to remove the addition. An extension of time was again requested and granted as the owners indicated that they were working with a designer to submit an application for permit.

Again, no application for permit was submitted and the addition was not removed.

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, anyprospective 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