ADMINISTRATIVE REPORT

Date: June 26, 2002
Author/Local: K. Morgan/604-873-7760

RTS No. 02850

CC File No. 2701

P&E: July 25, 2002

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers of 8475 Ontario Street, Unit No. 102, strata lot 2

RECOMMENDATION

A. THAT the City Clerk be directed to file a 336D Notice against the title to the property at 8475 Ontario Street, Unit No. 102 (Strata Lot 2, District Lot 322, Strata Plan VR424) in order to warn prospective purchasers that there are contraventions of the Vancouver Building By-law 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 8475 Ontario Street, Unit No. 102 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 acondition 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 8475 Ontario Street was completed in 1978. The building is located in an I-2 (Industrial) District.

Development and Building Permits were issued in 1987/1988 for the addition of a stairway and mezzanine to provide offices, showroom and storage area for furniture manufacturing in Unit No. 102 (strata lot 2).

In January of this year, a special inspection was carried out to determine upgrading requirements under the Vancouver Building By-law for the proposed use of Unit 102 as a wholesale dealer-food. The District Building Inspector reported that required work for the mezzanine addition was never carried out, including upgrading of the fire separations, fire resistance ratings of the assemblies and removal of windows. The owner of the unit and the proposed tenant were notified of this and the additional upgrading required for the use as wholesale dealer-food. A reinspection indicated that Unit 102 was occupied and no work had been carried out. On May 14, 2002, the owner of Unit 102 was ordered to cease occupying the space and advised that the required work must be carried out prior to any re-occupancy. An inspection on June 4, 2002 indicated that the unit had been vacated.

DISCUSSION

As Unit 102 (strata lot 2) 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 theVancouver Building By-laws related to this portion of the 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