Vancouver City Council |
ADMINISTRATIVE REPORT
Date: September 9, 2003
Author/Local: K Morgan/604-873-7760
RTS No. 03622
CC File No. 2071
Meeting Date: October 9, 2003
TO:
Standing Committee on Planning and Environment
FROM:
City Building Inspector
SUBJECT:
Warning to Prospective Purchasers of
1044 East 12th AvenueRECOMMENDATION
THAT the City Clerk be directed to file a 336D Notice against the title to the property at 1044 East 12th Avenue (Lot 7 of B, Block 173, District Lot 264A, Plans 501 & 1771) 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.
DISCUSSION
The building at 1044 East 12th Avenue is located in an RT-5 (Two Family Dwelling) District. The building is approved as a multiple conversion dwelling containing two dwelling units, one on the main floor and one on the second floor. There is no approval for living quarters in the basement.
The City has received numerous complaints since 1983 that various owners have used the basement as separate living quarters without approval in contravention of the Zoning and Development and Vancouver Building By-laws. We have sent numerous enforcement letters over the years advising that the basement must be vacated.
As a result of a complaint, our inspection services reported in June of 2002 that the basement was again being occupied without approval. On June 28, 2002 the current owner was ordered to vacate the basement as separate living quarters and correct some deficiencies of the Standards of Maintenance By-law. A reinspection in September indicated that the Standards of Maintenance deficiencies had been rectified but the basement was still occupied. An inspection in November of 2002 indicated that the basement had been vacated and the cooking facilities had been removed. An inspection on August 27, 2003 indicated that the basement was again occupied as separate living quarters. Another order is being sent to the owner to vacate the basement.
It should be noted that the ceiling height in the basement does not meet the minimum requirements of the Vancouver Building By-law to allow a suite.
CONCLUSION
As the building is 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 and Vancouver Building By-laws related to this building. Due to the history of the building being illegally occupied over the years, it is also recommended that the 336D notice remain on title indefinitely.
*****