ADMINISTRATIVE REPORT
Date: February 23, 2001
Author/Local: K Morgan/7760
RTS No. 01940
CC File No. 2701
P&E: March 15, 2001
TO: |
Standing Committee on Planning and Environment |
FROM: |
City Building Inspector |
SUBJECT: |
Warning to Prospective Purchasers of
|
RECOMMENDATION
A. THAT the City Clerk be directed to file a 336D Notice against the title to the property at 3489 Napier Street (Lot 14, Block 8, District Lot Sec 26 SE Qtr THSL, Plan 2588) 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 3489 Napier 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 RS-1S District, constructed in 1972.
The District Building Inspector reported in October of 1993 that an approximate 12' x 12' two-storey addition 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. Letters were sent to the owner to either make application for the required permits or remove the addition. A reinspection indicated that the addition still existed without any applications for permits being submitted. An order was sent on December 30, 1993 to remove the addition from the rear of the building.
As the owner failed to comply with our order, charges were laid in Provincial Court. The owner plead guilty and was fined $100.00.
Enquiries were made regarding obtaining permits, but no application has been submitted.
A follow-up reinspection revealed that the addition had not been removed. An order was sent to the owner on June 9, 1998 to remove the addition.
As the owners failed to comply with the 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.
A recent inspection indicated that the addition still exists without approval.
It should be noted that charges were also laid in 1998 regarding an illegal suite in the basement. A recent inspection revealed that the building was being used for an illegal grow operation. The services have been disconnected and the building may not be reoccupied until it has been brought into compliance with the relevant City By-laws.
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 purchasers 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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