ADMINISTRATIVE REPORT

Date: December 5, 2001
Author/Local: C. Robbins/604-873-7535

RTS No. 02449

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 1230 & 1232 East 13th Avenue

RECOMMENDATION

A. THAT the City Clerk be directed to file a 336D Notice against the title to the property at 1230 & 1232 East 13th Avenue (Lot A, Except the south 5 feet now lane, of Lots 46 & 47, Block 172, District Lot 264A, Plan 2387, PID 005-176-671)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 1230 & 1232 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 1230 & 1232 East 13th Avenue is approved as two-family dwelling and is located in an RT-5 District.

Our records indicate that in March of this year, the above building was closed and the services to the building were disconnected by the City's Growbusters Team as it was being used as a marijuana grow operation. At that time, the property owner was advised that the building was Not Safe to Occupy and that he was required to obtain a special inspection permit to allow the District Inspectors to assess the damage to the building. The building subsequently sold and the new owner took possession on July 6, 2001. To date, the required special inspection permit has not been obtained.

On November 22, 2001, acting in response to a complaint, the District Building Inspector attended the above site and observed that extensive alterations to the exterior and interior of the building were being carried out without permit or approval. The interior of the building had been stripped back to the framing and plumbing and electrical works had been removed as well as the exterior stairways. A Stop Work order was posted and the owners were directed to make application for the required Development, Building and related trades permits. To date, there has been no response from the property owner and no applications for permit have been submitted.

DISCUSSION

The property is currently listed for sale and notice of the stop work order has been sent to the realtor. 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