ADMINISTRATIVE REPORT

Date: September 10, 2001
Author/Local: C. Robbins/604-873-7535

RTS No. 02300

CC File No. 2701

P&E: October 18, 2001

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers of 2744, 2748 and 2750 St. George Street

RECOMMENDATION

THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the properties listed below in order to warn prospective purchasers that there is a contravention of Part 7 (Plumbing Services) of the Vancouver Building By-law related to these buildings:

2744 St. George Street, Lot A of Lot E Block 156 District Lot 264A Plans 442 and 1771 PID 015-272-982
2748 St. George Street, Lot B of Lots 23 to 24, Block E Block 156, District Lot 264A Plan 4874 PID 011-275-570
2750 St. George Street, Lot C of Lots 23 to 24, Block E of Block 156 District
Lot 264A Plan 4874 PID 011-275-588

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 to be a contravention of a by-law relating to the constructionor 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.

BACKGROUND

Occasionally, when the City sewer crews are in the process of constructing a new sewer line, they discover that one or more properties are connected to a single sewer line. This contravenes Part 7 (Plumbing Services) of the Vancouver Building By-law.

Problems can arise from this type of situation when there is a blockage of the sewer line. Often disputes arise between adjacent property owners as to who is responsible for the costs of the repairs.

When this situation comes to our attention, the City crew provides a sewer connection for each property and requests that the property owner obtain a permit and redirect the sewer line from their property to the City sewer. The City is not in a position to order the work to be carried out as it may only be ordered at the time of redevelopment and/or major construction.

Our Sewer Inspection Branch advises that the sewer lines from the properties located at 2748 and 2750 St. George Street are connected to the sewer at 2744 St. George Street.

The City crew recently installed a sewer connection directly to the properties at 2748 and 2750 St. George Street in order to permit a redirection of the sewer lines from the properties to the City sewer.

The property owners of 2748 and 2750 St. George Street have been advised of this action and have been requested to obtain a permit for the redirecting of their sewers. In addition, the property owners for 2744 St. George Street have been advised that the sewer lines from the adjacent properties are connected to their sewer.

To date, the required permits have not been obtained and the sewer lines to 2748 and 2750 St. George Street have not been redirected.

Although the buildings are not currently listed for sale, it is recommended that a 336D Notice be filed against the title to each of the properties so that any prospective purchaser will be warned that there is a violation of Part 7 of the Building By-law related to these properties.

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(c) 1998 City of Vancouver