ADMINISTRATIVE REPORT

Date: July 9, 2002
Author/Local: K. Morgan/7760

RTS No. 02864

CC File No. 2701

P&E: August 1, 2002

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers of 621 East 23rd Avenue

RECOMMENDATION

THAT the City Clerk be directed to file a 336D Notice against the title to the property at 621 East 23^rd Avenue (Lot B of 13 & 14, Block 20, District Lot 301, Plan 187) in order to warn prospective purchasers that there are contraventions of the Zoning and Development and Vancouver Building By-laws related to this building.

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.
BACKGROUND

The existing building at 621 East 23^rd Avenue is approved as a one family dwelling. The building is located in an RS-1S District.

As a result of a fire, an inspection in May, 2002 indicated that a suite on the west side of the basement was damaged by fire. It was noted that there appeared to be a suite on the east side of the basement but no access was gained at that time. The owners were requested to provide access to the entire building for a coordinated inspection on June 20, 2002. This inspection revealed the following:

1. two unapproved suites have been installed in the basement
2. fire damage repairs have been carried out without the required Building Permit
3. the exterior basement stairs do not have the required hand/guardrail
4. the exposed ceiling in the fire damaged portion of the basement indicates old unapproved electrical and plumbing work and severely altered/damaged joists that will require replacement or strengthening
5. the main floor rear deck has been enclosed without permits or approval
6. alterations have been carried out in the garage to provide a wall (with a door) dividing it in half
7. the exterior plumbing on the west side is not installed to code
8. the west side basement plumbing is unapproved
9. the combustion air duct terminates on the west side just above the gas meter, causing a potentially hazardous condition.

At the time of inspection, the District Building Inspector advised one of the owners what would be required to repair the building and to restore to its approved use as a one family dwelling or to make application for one secondary suite in the basement.

On July 16, 2002, the owners were advised to obtain the required permits and ordered to remove all unapproved work, correct the deficiencies and cease using the unapproved basement units as separate living quarters on or before August 31, 2002.

DISCUSSION

As one of the owners indicated that the building may be put up 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.

*****

(c) 1998 City of Vancouver