ADMINISTRATIVE REPORT

Date: January 26, 2001

Author/Local: K Morgan/7760

RTS No. 01865

CC File No. 2701

P&E: February 15, 2001

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers of 2106 Grant Street

RECOMMENDATION

A. THAT the City Clerk be directed to file a 336D Notice against the title to the property at 2106 Grant Street (Lot 1 of 4 of A, Block 139, District Lot 264A, Plans 385 and 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 2106 Grant Street 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 RT-4 District.

As a result of a complaint, the District Property Use Inspector reported in October of 1997 that a two-car oversized garage, a wooden green house and a storage shed had been constructed at the rear of the building without permits or approval, in contravention of the Zoning and Development and Vancouver Building By-laws. A letter was sent to the owner on November 3, 1997 to either make application for the required permits or remove the unapproved construction. As a reinspection indicated that the structures still existed without any applications for permits being submitted, an order was sent on January 13, 1998 to remove the garage, greenhouse and storage shed from the rear yard.

As the owner failed to comply with our order, charges were laid in Provincial Court. The owner plead guilty on September 8, 1998 and was fined $300.00.

Development Permit Application No. DE403707 was submitted on October 21, 1998 for the three structures and was refused on January 6, 1999. A subsequent appeal to the Board of Variance was disallowed on January 5, 2000

A new order was sent on April 7, 1999 to remove the structures and as there was no compliance, a new charge was laid in Provincial Court. The owner plead guilty a second time on May 24, 2000 and was fined $1,750.00.

A recent inspection indicates that the three structures still exist without approval.

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 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