Agenda Index City of Vancouver

ADMINISTRATIVE REPORT

TO:

Standing Committee on Planning and Environment

FROM:

City Building Inspector

SUBJECT:

Warning to Prospective Purchasers of

3332 East 25th Avenue

 

RECOMMENDATION

GENERAL MANAGER'S COMMENTS

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 building is approved as a one family dwelling located in an RS-1 District.

In January of 1998, the District Building Inspector reported that a portion of the attached carport had been enclosed and was being used as additional living area without permit or approval. This was in contravention of the Zoning and Development and Vancouver Building By-laws. A STOP WORK order was posted on the building and the owners were directed to obtain the required permits or remove the work.

Subsequent to the City's order, the owners obtained a Building Permit for the construction.

In May of 1998, as a result of a complaint, the Property Use Inspector requested access to inspect the interior of the building to determine whether or not it was being legally occupied. The owners of the property failed to provide access to the inspector and consequently charges were laid in Provincial Court. Because the owners failed to appear in Court, a Bench Warrant was issued.

In May of 1999, it came to our attention that the building permit that had been issued for the enclosure of the carport area had been issued in error as the required Development Permit approval pursuant to the Zoning and Development By-law had not been obtained. It was also noted that the enclosure of the carport had resulted in a deletion of the off-street parking for the site. Because of this, the Building Permit was revoked and the owners were ordered to remove the enclosure.

Because the owners failed to comply with the City's order, charges were again laid in Provincial Court. These charges are still active.

In October of 1999, the owners appeared in Court with respect to the charges of failing to provide access. They plead guilty and were fined, however, because they again failed to provide access to the inspector, new charges were laid in February 2000.

The Property Use Inspector was permitted access into the building on January 6, 2001. The inspection revealed that the unauthorized enclosure still existed and that the lower floor including this area had been converted into an additional dwelling unit without permit or approval.

Although the building is not 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. In addition, subject to Council approval, I may be referring this matter to the Director of Legal Services to request that she commence legal action or an injunction requiring removal of the enclosure and the illegal dwelling unit if, in her opinion, it is appropriate to do so.

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