ADMINISTRATIVE REPORT
Date: June 12, 2001
Author/Local: K Morgan/7760
RTS No. 02139
CC File No. 2701
P&E: June 28, 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 1995 West 19th Avenue (Lot 10, Block 46, District Lot 526, Plan 4502) in order to warn prospective purchasers that there are contraventions of the Zoning and Development, Vancouver Building, Electrical, Untidy Premises and Fire 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 1995 West 19th 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 1995 West 19th Avenue is approved as a multiple conversion dwelling with eight (8) dwelling units, located in the First Shaughnessy District. There is a second building on the site (3494 Maple Street) being occupied as a one family dwelling.
This site is in the First Shaughnessy Heritage Inventory.
There have been numerous orders sent to the owners regarding violations of the Standards of Maintenance and Untidy Premises By-laws in the last 10 years. The owner was charged on two occasions in Provincial Court and was found guilty.
A recent coordinated inspection revealed that the building now consists of 14 suites (6 of which are unapproved), in contravention of the Zoning and Development and Vancouver Building By-laws. The following unsafe conditions and By-law violations were also noted:
Zoning and Development and Vancouver Building By-law:
rotted fire escape
the structural beam at the main front entrance is rotted and in danger of failure
breaches in fire separations
unapproved addition at rear
repairs required for roof, front stairs, west exterior wall, rotted deck
insufficient handrails/guardrails
hardwired smoke alarms required
hot water tank to be seismically restrained
there is no sprinkler system
Electrical By-law:
overloaded circuits with extension cords and power bars used in placed of outlets
an uncovered electrical panel in a bathroom
five smoke alarms not functioning
exposed wiring throughout the building
all the above resulting in shock and fire hazards
It is noted that on June 12, 2001, an Electrical Permit was issued for correction of these deficiencies.
Untidy Premises By-law:
debris and discarded materials, i.e. stove, doors, more than 10 bicycles, wood/lumber, landscape debris, windows, bed, used building materials, etc.
Fire By-law:
there is an extensive amount of combustible materials that are being stored in and around the building creating a potential fire hazard
A notice was given to all tenants of the building on June 8, 2001, advising of the unsafe condition of the building, that the building was to be vacated immediately and that the power was to be shut off on June 14, 2001. A City tenant relocation officer attended the site to give assistance. On June 11, 2001, an order was issued to the owner of the property, outlining all the unsafe conditions and By-law deficiencies and ordering that the building be vacated immediately.
Although an Electrical Permit has been issued, at the date of this report the unsafe electrical installation had not been corrected. The unsafe conditions noted pursuant to the Vancouver Building and Fire By-laws must still be corrected and all unapproved units and additions must be removed.
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, Vancouver Building and Electrical 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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