ADMINISTRATIVE REPORT
Date: May 1, 2001
Author/Local: K Morgan/873-7760
RTS No. 02057
CC File No. 2701
P&E: June 7, 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 2797 William Street (Lot 1, Block 2, District Lot Sec 23 SW Qtr THSL, Plan 4819) 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 2797 William 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 existing one family dwelling at 2797 William Street is located in an RS-1S District.
A Board of Variance Appeal , a Development Permit and Building Permit (April/May, 1999), permitted interior and exterior alterations and the addition of approximately 135 square feet at the rear of the building.
As a result of a complaint, the District Building Inspector reported in August of 1999 that the roof of the existing detached garage had been removed and rebuilt, with the exterior walls of the garage being raised approximately 2' 6", and a bridge-type deck structure had been constructed, connecting the new addition to the garage attic area, which had been converted into living space. A stop work order was sent to the owners on August 25, 1999 advising them to stop work immediately and either submit revised plans for approval or remove all unapproved work. A reinspection indicated that work had continued without approval.
Enforcement action was withheld at the request of the tenant in order for revised plans to be submitted. A Development Permit application was refused on December 30, 1999. An inspection in January of 2000 indicated that the unapproved work still existed and that a new door had been installed on the north exterior wall of the addition.
An order was sent to the owners on February 14, 2000 advising them to remove the bridge-type structure and the unapproved door. As the owners failed to comply with the order, charges were laid in Provincial Court. The owners pled guilty and were fined $700.00.
A recent inspection indicated that the additions still exist without approval. A new order was sent on April 20, 2001 to remove the bridge-type structure and the unapproved door.
A Development Permit application was submitted for the alterations to the garage on February 2, 2000 (therefore enforcement had been withheld for the garage). The application was refused on April 4, 2000. An order was sent on May 24, 2000 to remove all the unapproved work carried out to the garage. As the owners failed to comply with the order, charges have been laid in Provincial Court. A trial date has been set for August 7, 2001.
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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