ADMINISTRATIVE REPORT

TO:

Standing Committee on Planning and Environment

FROM:

City Building Inspector

SUBJECT:

Warning to Prospective Purchasers of
2151 Kitchener Street

 

RECOMMENDATION

GENERAL MANAGER'S COMMENTS

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 to be a contravention of a by-law relating to the construction or safety of buildings; or as a result of that condition, a building or structure is unsafe or unlikely to be usable for its expected purpose; or is of a nature that a purchaser unaware of the contravention, would suffer a significant loss or expense if the by-law 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 2151 Kitchener Street is approved as a one family dwelling and is located in an RT-4 District. The building was constructed prior to 1944.

There have been numerous complaints, inspections and orders issued over the last 20 years with respect to the condition of the site and the maintenance and occupancy of the building.

As a result of a complaint, an inspection in December of 1995 revealed that the building contained four dwelling units (three of which were unapproved) in contravention of the Zoning and Development and Vancouver Building By-laws. The owner was advised to make application for permits or to vacate the unapproved living quarters. As a reinspection indicated that the building was still occupied without approval, a charge was laid in Provincial Court, the owner plead guilty and paid a fine.

A Development Permit application to change the use to three dwelling units was refused and an appeal to the Board of Variance was disallowed in January, 1997.

A Combined Development and Building Permit was issued December 23, 1997 to alter and convert the building to a multiple conversion dwelling with two dwelling units. The District Building Inspector made several attempts to carry out inspections but was unable to gain access. As the work under this permit has not been completed and approved, the building is still considered to be a one family dwelling.

A coordinated inspection in June of this year revealed that there were three occupied suites in the building and that work under the above permit was not completed (i.e. sprinkler heads inoperable and system not tested, fire doors incorrectly installed, inadequate fire separations,missing handrails, interconnected stairs between basement and first storey closed off). The above are violations of the Zoning and Development and Vancouver Building By-laws. Numerous violations of the Standards of Maintenance By-law were reported, including missing coverplates, exposed studs and holes in laundry room walls, unfinished drywall in stairway, exposed and protruding rebar at the front of the property and exposed insulation at the north end of the building. On July 6, 2001 an order was sent to the owner to cease occupying the basement as a separate dwelling unit, remove the cooking facilities from the basement and to correct the deficiencies of the Vancouver Building and Standards of Maintenance By-laws by August 31, 2001. An order was also sent to remove the accumulation of rubbish and discarded materials from the site.

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 Standards of Maintenance 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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