ADMINISTRATIVE REPORT

Date: October 29, 2001
Author/Local: K Morgan/

604.873.7760
RTS No. 02377

CC File No. 2701

P&E: November 22, 2001

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers of 250 East 32nd Avenue

RECOMMENDATION

A. THAT the City Clerk be directed to file a 336D Notice against the title to the property at 250 East 32^nd Avenue (Lot 16, Block 7, District Lot 634, Plan 1248) 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 250 East 32^nd 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 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 250 East 32^nd Avenue is approved as a one family dwelling and is located in an RS-1S District.

In June of 1995, a previous owner of the property made application for a special inspection to determine upgrading requirements to change the use from a one family dwelling to a multiple conversion dwelling for a secondary suite. Inspections were carried out and indicated that the ground floor was unfinished with laundry, furnace and storage only. A letter was sent to the owner outlining the upgrading work required to install a suite. The required permits were not obtained.

Inspections in May of 1996 indicated that the ground and third floor (attic) had been altered without permits or approval and were being occupied as separate living quarters (two unapproved suites). A letter was sent to new owners advising them of the requirements to retain one of the units. Further inspections were carried out and a letter was sent to the owners outlining the upgrading work required, permit requirements and information on obtaining approval for the new east side door and the attic development. The owners were advised to either obtain the required permits, complete the upgrading work to legalize the ground floor suite, vacate the attic, remove the unapproved work including the stairs leading to the attic and remove the east exterior side door or vacate both attic and ground floor units, remove all unapproved work, restore the interior access between the ground floor and the remainder of the building and restore the use of the building to a one family dwelling. They were further advised to obtain permits and complete mandatory electrical, plumbing and gas work, whether or not a suite is retained.

An Electrical Permit was obtained and the mandatory electrical work was completed. The District Electrical Inspector reported in January of 1999 that the two unapproved suites were still occupied.

Numerous attempts to gain access to the building over the last few years have been unsuccessful. In September of 2000, inspectors were granted access (by a tenant) to the basement only, which was still occupied as a separate suite. It was noted that the mandatory gas requirements were completed, but the mandatory plumbing work was not.

No applications for permits have ever been submitted for a secondary suite.

DISCUSSION

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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(c) 1998 City of Vancouver