ADMINISTRATIVE REPORT

Date: December 4, 2001
Author/Local: K Morgan/604-873-7760

RTS No. 02450

CC File No. 2701

P&E: December 13, 2001

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers of 1242 - 1244 East 13th Avenue

RECOMMENDATION

A. THAT the City Clerk be directed to file a 336D Notice against the title to the property at 1242 - 1244 East 13^th Avenue (Lot C of 46 & 47, Block 172, District Lot 264A, Plan 2387) 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 1242 - 1244 East 13th 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 1242 - 1244 East 13th Avenue is approved as a multiple conversion dwelling with two dwelling units and is located in an RT-5 District.

As a result of a complaint, an inspection.in June of 1999 indicated that the basement of the building was being occupied as separate living quarters, in contravention of the Zoning and Development and Vancouver Building By-laws. A letter was sent to the owner to either make application for the required permits or vacate the basement. A reinspection indicated that the suite had been vacated and the cooking facilities removed.

As a result of a complaint, the District Building Inspector reported that the building had extensive exterior and interior alterations carried out without permit or approval, including being stripped back to the framing with all electrical and plumbing removed and the exterior stairways removed. On November 27, 2001, an order was sent to the owner to stop work immediately and to make application for the required permits. A reinspection has indicated that after our order to stop work, an approximate 3' x 11' addition was being constructed at the front and portions of the foundations were removed. The house is currently on blocks.

A Development Permit application was submitted June 29, 2001 for interior and exterior alterations, a porch addition at the front and a deck and sunroom addition at the rear. A permit cannot be issued at this time as there are outstanding issues that have not yet been resolved.

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