Vancouver City Council |
ADMINISTRATIVE REPORT
Date: July 4, 2003
Author/Local: K Morgan/604-873-7760
RTS No. 03492
CC File No. 2701
Meeting Date: July 24, 2003
TO:
Standing Committee on Planning and Environment
FROM:
City Building Inspector
SUBJECT:
Warning to Prospective Purchasers of
469, 477, 483 and 491 East 10th AvenueRECOMMENDATION
A. THAT the City Clerk be directed to file 336D Notices against the titles to the properties at 469, 477, 483 and 491 East 10th Avenue (Lots 13, 12, 11 and 10, Block 124, District Lot 264A, Plans 1355 and 1771) in order to warn prospective purchasers that there are contraventions of the Zoning and Development and Vancouver Building By-laws related to these buildings.
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 469, 477, 483 and 491 East 10th Avenue and may, in her discretion, seek injunctive relief in that action or proceeding, in order to bring the buildings 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 adjacent buildings at 469, 477, 483 and 491 East 10th Avenue are located in an RT-5 (Two Family Dwelling) District.
In November of 2000, our inspection services reported that they were being extensively renovated without permit or approval. The owners were ordered to stop work and were advised to make application for the required permits and allow reinspection of the buildings.
An inspection in February of 2001, revealed the following:
Address
Approved Occupancy
Occupancy in February 2001
469 East 10th
single family dwelling
was being renovated to provide 5 dwelling units (3 were occupied)
477 East 10th
multiple conversion
dwelling with 4 dwelling unitshad been renovated
occupied as 6 dwelling units483 East 10th
single family dwelling
had been renovated
occupied as 4 dwelling units491 East 10th
two family dwelling
had been renovated to provide 4 dwelling units (3 were occupied)
As no applications for permit had been submitted, in March of 2001 the owners were ordered to remove all work carried out without permit and on April 26, 2001 Council approved recommendations that 336D notices be filed against the titles to the properties to warn prospective purchasers of the By-law violations.
Applications for Building Permits were submitted in August of 2001 and permits were issued for interior alterations to remove unapproved construction and restore the buildings to their approved uses as noted above. Final inspection approval was granted in March of 2002 and the 336D notices were removed from the titles.
During a recent routine inspection in the neighbourhood, our inspection services reported that an approximate 6' x 18' deck addition had been constructed without permit or approval at the rear of 491 East 10th Avenue in contravention of the Zoning and Development and Vancouver Building By-laws. Further inspections indicated that interior alterations had been carried out and unapproved living quarters were again being occupied without permit or approval in all four buildings. One of the owners was on site during one of the inspections and admitted that he put back all the units. When asked why, he replied "a guy has to make a living". He was informed that, as before, he would be required to upgrade the buildings in order to retain any of the unapproved units.
Access was not gained to all the units and the owners were requested in writing to provide access to all areas of the buildings on June 19, 2003. The owners did not provide access at that time.
It should be noted that these are the same owners as in November of 2000. One person owns 469 and 483 East 10th Avenue and one owns 477 and 491 West 10th Avenue. They live at another location.
DISCUSSION
Although the properties are not currently listed for sale, it is recommended that 336D Notices be filed against the titles to the properties so that any prospective purchasers will be warned that there are violations of the Zoning and Development and Vancouver Building By-laws related to these buildings. 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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