ADMINISTRATIVE REPORT

Date: October 3, 2002
Author/Local: K Morgan/604-873-7760

RTS No. 03017

CC File No. 2701

P&E: October 24, 2002

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers of 975 Ringwood Avenue

RECOMMENDATION

A. THAT the City Clerk be directed to file a 336D Notice against the title to the property at 975 Ringwood Avenue (Lot 38 W 33 ft, Block 15 E Hlf, District Lots 391 & 392, Plan 1983) in order to warn prospective purchasers that there are contraventions of the Zoning and Development,Vancouver Building and Electrical By-laws and Provincial Gas Safety Act and Regulations 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 975 Ringwood Avenue 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 975 Ringwood Avenue is approved as a one family dwelling. The building is located in an RS-1S (One Family Dwelling) District.

In February, 2002 the District Building Inspector reported that interior and exterior alterations were being carried out, including an approximate 10' x 24' two-storey plus basement addition at the rear of the building, without permit or approval in contravention of the Zoning and Development and Vancouver Building By-laws. On March 7, 2002 the owners were ordered to stop work immediately and either make application for the required permits or remove the unapproved construction.

Coordinated inspections in April confirmed the following violations of the Zoning and Development, Vancouver Building and Electrical By-laws and the Provincial Gas Safety Act and Regulations at this location:

1. interior walls have been removed;
2. built-up and engineered beams have been installed;
3. the interior has been stripped back to the framing and new insulation and drywall have been installed;
4. new interior stairs have been installed, but do not meet requirements;
5. a new kitchen has been installed on the second storey;
6. a two-storey plus basement addition has been constructed at the rear;
7. the water heater requires a vacuum breaker; piping installations do not comply and some piping has been covered prior to inspection and approval;
8. the copper gas pipe from the gas meter to the water heater is incorrectly installed, the water heater does not have a gas valve and the water heater vent is incorrectly graded;
9. there are various electrical deficiencies and new wiring has been installed on all floors without permit or approval.

On June 18, 2002, the owners were advised of the above deficiencies and the requirement to obtain Development, Building, Plumbing, Gas and Electrical Permits.

At the request of one of the owners, enforcement was withheld until August 1, 2002. As of this date, there have been no applications for the required permits and enforcement action is proceeding.

DISCUSSION

Although the property is not 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 the Zoning and Development, Vancouver Building and Electrical By-laws and the Provincial Gas Safety Act and Regulations 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.

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(c) 1998 City of Vancouver