ADMINISTRATIVE REPORT

Date: November 1, 2002
Author/Local: C. Robbins/

604-873-7535

RTS No. 03070

CC File No. 2701

CS&B: November 28, 2002

TO:	Standing Committee on City Services and Budgets
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers of 772-776 Bidwell Street and 778 Bidwell Street

RECOMMENDATION

THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the properties listed below in order to warn prospective purchasers that there is a contravention of Part 7 (Plumbing Services) of the Vancouver Building By-law related to these properties:

772-776 Bidwell Street, Lot A of 35 Block 55 District Lot 185 Plan 92 PID 015-744-086

778 Bidwell Street, Lot 35 S Half of N Half Block 55 District Lot 185 Plan 92 PID 009-180-354

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 sewer inspection branch reports that the sewer line from the property located at 778 Bidwell Street encroaches over the property at 772-776 Bidwell Street. This contravenes Part 7 (Plumbing Services) of the Vancouver Building By-law.

Problems can arise from this type of situation when there is a blockage of the sewer line that may require repairs. Disputes may arise between adjacent property owners as to who is responsible for the costs of the repairs and on which property the repairs must be carried out.

When this situation comes to our attention, the City crew requests that the property owner obtain a permit and redirect the sewer line from their property to the City sewer. The City is not in a position to order the work to be carried out as it may only be ordered at the time of redevelopment and/or major construction.

The City is prepared to install a sewer connection directly to the property line at 778 Bidwell Street in order to permit a redirection of the sewer line from this property to the City sewer.

The property owners of 778 Bidwell Street have been advised of this action and have been requested to obtain a permit for the redirecting of their sewer line. In addition, the property owners for 772-776 Bidwell Street have been advised that the sewer line from the adjacent property encroaches over their land.

To date, the required permit has not been obtained and the sewer line to 778 Bidwell Street has not been redirected.

Although the buildings are not currently listed for sale, it is recommended that a 336D Notice be filed against the title to each of the properties so that any prospective purchaser will be warned that there is a violation of Part 7 of the Building By-law related to these properties.

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(c) 1998 City of Vancouver