Vancouver City Council |
ADMINISTRATIVE REPORT
Date: June 11, 2003
Author/Local: C. Robbins/604-873-7535
RTS No.03464
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
4714 Knight StreetRECOMMENDATION
THAT the City Clerk be directed to file a 336D Notice against the title to the property at 4714 Knight Street, Lot 2 AMD Block 8 District Lot 705 Plan 3665 PID 012-399-167 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
Our records for this property indicate that in 1995, the owner of the property constructed an approximate 16' x 24' addition at the rear of this single family dwelling and that he also constructed an approximate 16' x 16' accessory building in the rear yard. The work was done without permit or approval in contravention of the Zoning and Development and Vancouver Building By-laws.
In addition to the above unapproved work, last summer, the City received complaints about the untidy condition of the yards. The yards at that time contained an accumulation of debris and discarded materials and were in contravention of the Untidy Premises By-law. The owner was ordered to clean up the yards, however, he failed to do so and the City hired a private contractor to do the work in October of 2002. The cost of the clean up was $1,369 and those charges have been applied to the tax roll.
In April of this year, the City Building Inspector sent an order to the owner requiring removal of the unauthorized addition and accessory building. After sending the order, staff were contacted by a Mr. Gabriel Horvath who is the Committee of the owner. Mr. Horvath requested a meeting with staff to discuss the extraordinary circumstances with this particular property owner.
After meeting with Mr. Horvath, it became clear that due to health problems, the property owner is unable to comply with the City=s order at this time. Staff therefore confirmed that the City would not pursue the issues of the unapproved construction at this site under the circumstances, provided that the yards be maintained in keeping with the standard of maintenance prevailing in the neighbourhood. Staff also confirmed that they would request that Council approve the filing of a warning to prospective purchasers on title to the property so that any prospective purchasers will be made aware that the rear addition and accessory building are unapproved and will have to be removed in the event that the property is sold.
CONCLUSION
The filing of the notice on title will alert any potential purchaser that the rear 16' x 24' addition and 16' x 16' accessory building are not approved and must be removed upon the sale of the property.
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