ADMINISTRATIVE REPORT

Date: August 15, 2002
Author/Local: K Morgan/7760

RTS No. 02929

CC File No. 2701

P&E: September 12, 2002

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers of 3016 West 19th Avenue

RECOMMENDATION

THAT the City Clerk be directed to file a 336D Notice against the title to the property at 3016 West 19^th Avenue (Lot 2 of 2, Block 14, District Lot 139, Plan 4345) 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

This one family dwelling at 3016 West 19^th Avenue received final inspection approval in January of 2001. The property is located in an RS-1 District.

An inspection in February of 2001 indicated that the crawlspace had been excavated and was being finished for use as additional living area without permits, in contravention of the Zoning and Development and Vancouver Building By-laws.

The owners were ordered to stop work and to either submit plans or return the area to its approved use as crawlspace. An appeal to the Board of Variance was disallowed in April of 2001. The owners were then ordered to remove the unapproved work. A reinspection indicated that there was no change and another order was sent in April of 2002. Reinspections indicated that the area in question had been drywalled-off and there was no access to the area. Further enforcement action is pending.

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.

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(c) 1998 City of Vancouver