ADMINISTRATIVE REPORT

Date: December 19, 2001
Author/Local: K Morgan/7760

RTS No. 02472

CC File No. 2701

T&T: January 15, 2002

TO:	Standing Committee on Transportation and Traffic
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers of 5726 Rhodes Street

RECOMMENDATION

A. THAT the City Clerk be directed to file a 336D Notice against the title to the property at 5726 Rhodes Street (Amended Lot 22 (see 366184L) of B, Block 2, District Lot 50, Plan 2509) in order to warn prospective purchasers that there are contraventions of the Electrical, 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 5726 Rhodes Street 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 5726 Rhodes Street is approved as a one family dwelling and is located in an RS-1 District.

As a result of a complaint, an inspection in May of 2001 indicated that plumbing work was being carried out in the basement of the building without permits, in contravention of the Vancouver Building By-law. An order was sent to the owners to stop work immediately and obtain the required permits.

Further inspections were carried out by the District Electrical and Property Use Inspectors which determined violations of the Electrical, Zoning and Development and Vancouver Building By-laws.

Letters were sent to the owners in August and September, 2001 outlining numerous violations of the Electrical By-law and electrical work carried out without permit or approval. Electrical Permit No. EL461465 was issued November 7, 2001, but no inspections have been carried out to date.

The following violations of the Zoning and Development and Vancouver Building By-laws were noted (all carried out without permits or approval):

1. two unapproved dwelling units (rear of basement and rear of first storey) for a total of three units in the building
2. front porch enlarged and enclosed
3. existing rear deck enclosed, new deck constructed and space below the deck enclosed
4. unfinished basement excavated, stairs removed and alterations carried out to provide separate living quarters
5. alterations carried out to provide separate living quarters on the first storey
6. new stairs constructed from the first storey to the attic and alterations to provide two rooms and a new washroom.

An order was sent to the owners on September 25, 2001 to vacate the two unapproved dwelling units, remove the cooking facilities and remove all interior and exterior alterations carried out without permit or approval. They were advised that permits would be required for the restoration of the building.

A reinspection will be carried out in early January to determine whether further action will be required.

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 Electrical, 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