CITY OF VANCOUVER

ADMINISTRATIVE REPORT

 

Date:

November 20, 2003

 

Author:

Kathy Morgan

 

Phone No.:

604-873-7760

 

RTS No.:

03809

 

CC File No.:

2701

 

Meeting Date:

January 15, 2004

TO:

Standing Committee on Planning and Environment

FROM:

City Building Inspector

SUBJECT:

4051 Pine Crescent
Warning to Prospective Purchasers

RECOMMENDATION

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.

PURPOSE

The purpose of this report is to request approval to file a 336D Notice against the title to 4051 Pine Crescent to warn prospective purchasers of By-law violations and to request approval to seek injunctive relief.

BACKGROUND

The building at 4051 Pine Crescent was constructed prior to 1930 and is approved as a single family dwelling. It is located in the First Shaughnessy District and is listed in the First Shaughnessy Heritage Inventory. Extensive alterations and additions were carried out in 1991/1992.

DISCUSSION

As a result of a complaint, in March 1994 our inspection services reported that the second floor balcony was being roofed-over with aluminium supports and glazing without permits in contravention of the Zoning and Development and Vancouver Building By-laws. The owner was ordered to stop work immediately and either remove the unapproved construction or obtain the required permits.

As a result of another complaint, in October 1998 our inspection services reported that construction was again being carried out without permit or approval, including alterations and repairs to remove and replace damaged exterior stucco along with sheathing and framing of all exterior walls. It was noted that the roof over the second floor balcony deck still existed without permits or approval. The owner was ordered to stop work immediately, obtain the required permits for the repair work and either obtain the required permits for the roof addition or remove it.

No permit applications have ever been submitted for this work and there have been several subsequent orders to remove the roof addition. Charges were laid in Provincial Court twice and the owner was fined. A recent inspection indicated that the unapproved roof addition still exists.

CONCLUSION

Although the building 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 and Vancouver Building By-laws. 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.

* * * * *

pe20040115.htm