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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
February 20, 2004 | |
Author: |
Carlene Robbins | |
Phone No.: |
604-873-7535 | |
RTS No.: |
04012 | |
CC File No.: |
2701 | |
Meeting Date: |
March 11, 2004 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
City Building Inspector |
SUBJECT: |
2218 Burquitlam Drive - Warning to Prospective Purchasers |
RECOMMENDATION
THAT the City Clerk be directed to file a 336D Notice against the title to the property at 2218 Burquitlam Drive, Lot 17, Block 28 Fraserview Plan 8574 PID 010-035-613 in order to warn prospective purchasers that this building has been used as an illegal marijuana grow operation on two occasions and there are contraventions of the Vancouver Building and Electrical By-laws related to this unapproved use.
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.
PURPOSE
The purpose of this report is to request approval to file a 336D Notice against the title to 2218 Burquitlam Drive to warn prospective purchasers of By-law violations.
BACKGROUND
The building at 2218 Burquitlam Drive was constructed prior to 1953 and is approved as a single family dwelling. The building is located in an RS-1 (One Family Dwelling) District. The owners of the property do not live in the house as it is used for rental purposes.
DISCUSSION
In June of 2002, this building was closed by the Vancouver Police Drug Squad and City Inspectors because it was being used as an illegal marijuana grow operation. The power and gas to the building were disconnected and the owners were advised that they were required to go through the inspection and re-occupancy permit process. A re-occupancy permit was issued on July 23, 2002 for this building. The owners subsequently rented the building to a new tenant.
In January of 2004, the Vancouver Police reported that this building was again being used as a grow operation. The services to the building were disconnected again and the owners were requested to meet with City staff to discuss the situation. At the meeting, staff were advised that the owners were in the process of evicting the tenant and had no knowledge of the grow op until they were notified by the Police. They have applied for the required special inspection permits and will be carrying out the necessary repairs in order to get approval to re-occupy the building.
Staff advised the owner that a new departmental policy had been initiated to handle "repeat" grow ops which is to request Council approval for the filing of a warning notice on title these properties.
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 the building has been used previously as a marijuana grow operation on two occasions and that there are violations of the Vancouver Building and Electrical By-laws related to this unapproved use.
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