ADMINISTRATIVE REPORT

Date: February 7, 2002
Author/Local: K Morgan/7760

RTS No. 02535

CC File No. 2701

P&E: March 7, 2002

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers of 4555 James Street

RECOMMENDATION

A. THAT the City Clerk be directed to file a 336D Notice against the title to the property at 4555 James Street (Lot 54, Blocks 1 to 3 and 8, District Lot 633, Plan 1452) 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 4555 James 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 4555 James Street was constructed in 1999 as a one family dwelling with a secondary suite and is located in an RS-1S District.

As a result of a complaint, an inspection in May of 2001 indicated that the crawlspace had been excavated and was being used for additional living area without permits, in contravention of the Zoning and Development and Vancouver Building By-laws.

The owners were ordered to submit revised plans and to return the area to its approved use as crawlspace. An extension of time was granted, pending an appeal to the Board of Variance. The appeal was disallowed on July 18, 2001 and this matter was referred for charges. No charges were laid as a Building Permit was issued in November, 2001 to convert 128 square feet back to crawlspace. As of this date, there has been no work carried out.

DISCUSSION

As the property is 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.

*****

(c) 1998 City of Vancouver