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CITY OF VANCOUVER ADMINISTRATIVE REPORT | |||
Date: |
March 5, 2004 | |||
Author: |
Kathy Morgan | |||
Phone No.: |
604-873-7760 | |||
RTS No.: |
04058 | |||
CC File No.: |
2701 | |||
Meeting Date: |
April 8, 2004 | |||
TO: |
Standing Committee on Planning and Environment |
FROM: |
City Building Inspector |
SUBJECT: |
5342 Joyce Street
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RECOMMENDATION
A. THAT the City Clerk be directed to file a 336D Notice against the title to the property at 5342 Joyce Street (Lot 4, Blocks 60, 63, 64 & 67, District Lot 37, Plan 2362) in order to warn prospective purchasers that there are contraventions of the Zoning and Development and Vancouver Building By-laws related to this building.
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 5342 Joyce Street and may, in her discretion, seek injunctive relief in that action or proceeding, in order to bring this building 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.
PURPOSE
The purpose of this report is to request approval to file a 336D Notice against the title to 5342 Joyce Street to warn prospective purchasers of By-law violations and to request approval to seek injunctive relief.
BACKGROUND
The building at 5342 Joyce Street is located in an RS-1S District. Permits were issued in 1990 for alterations and change of use of the existing one family dwelling to provide a multiple conversion dwelling containing a phase-out suite in the basement for a limited period of time expiring on November 24, 1999. Enforcement is currently being withheld pending the results of a review of the Secondary Suite Program.
DISCUSSION
Inspections in July 2002 indicated that an attached two-car carport had been enclosed to provide a garage and the south portion had been altered to provide additional living space (approximately 10' x 17') without permits in contravention of the Zoning and Development and Vancouver Building By-laws. This area contained cooking facilities and was being used as part of an unapproved third dwelling unit. In August 2002 the owners were ordered to remove the enclosure of the carport. The owners did not allow access to the garage for a re-inspection. A written request to provide access was sent and the owners requested an extension of time, which was denied. Subsequent inspections indicated that the carport was still enclosed and a portion was still being used as living quarters. Another order was sent in October 2003 and an extension was granted at the request of the owners. A recent inspection indicated that the enclosure and unapproved living quarters still existed. This matter is being referred to the City Prosecutor for charges.
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.
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