ADMINISTRATIVE REPORT

Date: April 5, 2002
Author/Local: K Morgan/7760

RTS No. 02646

CC File No. 2701

P&E: May 2, 2002

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	1526 Kingsway - By-law violations

RECOMMENDATION

THAT Council authorize the Director of Legal Services, in her discretion, to commence a legal action or proceeding in relation to the premises located at 1526 Kingsway and, in her discretion, to 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

Sections 334 and 571 of the Vancouver Charter allow the City to seek injunctive relief for any By-law contravention.

BACKGROUND

On November 4, 1997, Council approved a recommendation that a 336D Notice be filed against the title of the property at 1526 Kingsway in order to warn prospective purchasers that there were contraventions of the Zoning and Development and Vancouver Building By-laws related to this building.

In 1995, our inspection services reported that an approximate 16' x 18' addition was being constructed on the west side of the existing commercial car wash building without permits in contravention of the Zoning and Development and Vancouver Building By-laws. The owners of the property were ordered to stop work and make application for the required permits. They failed to comply and were ordered to remove the addition.

In May of 1997, as a result of a complaint, our inspection services reported that another addition (approximately 650 square feet) was being constructed at the rear of the building. The owners were ordered to stop work and make application for the required permits. They again failed to comply and were ordered to remove the addition.

Applications for Development and Building Permits for alterations and additions were refused in 1998.

In March of 2000, it was noted that the addition had been removed from the west side, however, the addition at the rear remained. In April of 2000, the owners were ordered to remove the addition from the rear of the building. An application for Development Permit for the rear addition was refused in November of 2001.

DISCUSSION

Charges were laid in Provincial Court on three occasions. Each time the owners failed to appear and bench warrants were issued.

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