ADMINISTRATIVE REPORT

Date: December 12, 2000
Author/Local: K Morgan/7760

RTS No. 01806

CC File No. 2701

P&E: January 11, 2001

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers of 479 East 43rd Avenue

RECOMMENDATION

A. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 479 East 43rd Avenue (Lot C, District Lot 642, Plan 3006) 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 479 East 43rd 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

This is an existing one family dwelling located in an RS -1S District.

As a result of a routine inspection, the District Building Inspector reported in September of 2000 that interior alterations (including partitions, plumbing and electrical work) were being carried out and that an approximate 10 foot x 10 foot deck addition had been constructed at the rear of the building, in contravention of the Zoning and Development and Vancouver Building By-laws. A stop work notice was posted on the building. Due to the recent labour disruption, a stop work order was not sent. On November 20, 2000, a letter was sent to the owner, advising her to either make application for the required permits or remove the unapproved construction.

The inspector advises that this property is currently listed for sale. It is recommended that a 336D Notice be filed against the title to the property so that 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