ADMINISTRATIVE REPORT
Date: March 9, 2001
Author/Local: K Morgan/7760
RTS No. 01948
CC File No. 2701
P&E: March 29, 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 707 East 11th Avenue (Lot 23 of D, Block 157, District Lot 264A, Plans 486 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 707 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 existing building at 707 East 11th Avenue is a one family dwelling located in an RT-5 District, constructed in 1923.
As a result of a complaint, the District Building Inspector reported in August of 2000 that interior/exterior alterations had been carried out in the basement of the building without permits or approval (including new windows, new vents, new walls and new plumbing) in contravention of the Zoning and Development and Vancouver Building By-laws. It was also noted that there was an unapproved suite in the west side of the basement with the east side ready for a suite. An order was sent to the owner on August 25, 2000 to either make application for the required permits or remove the alterations and any unapproved cooking facilities and restore the use of the building to a one family dwelling.
A recent inspection indicated that the owner failed to comply with our order. It was noted that the east side of the building was also occupied as separate living quarters.
An order was sent to the owner on March 9, 2001 to remove the work carried out without permits, replace the interconnecting stairs between floors, remove the cooking facilities from the basement and restore the use of the building to a one family dwelling on or before April 30, 2001.
As the 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 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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