CITY OF VANCOUVER

ADMINISTRATIVE REPORT

 

Date:

May 28, 2004

 

Author:

Pattie Hayes

 

Phone No.:

604-873-7787

 

RTS No.:

04252

 

CC File No.:

2701

 

Meeting Date:

June 24, 2004

TO:

Standing Committee on Planning and Environment

FROM:

City Building Inspector

SUBJECT:

1231 East 51st Avenue - 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.

PURPOSE

The purpose of this report is to request approval to file a 336D Notice against the title to
1231 East 51st Avenue to warn prospective purchasers of By-law violations.

BACKGROUND

The building at 1231 East 51st Avenue was constructed in November of 1945 and is approved as a single family dwelling. The building is located in an RS-1S (One Family Dwelling) District.

DISCUSSION

In December of 2000, 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 April 24, 2001 for this building.

In May of 2004, the Vancouver Police reported that this building was again being used as a grow operation. It is noted the property ownership is the same. The services to the building were disconnected again and the owner has been asked to come into City Hall to meet with staff to discuss the situation.

The owner will be advised that the departmental policy with respect to "repeat" grow ops, is to request Council approval, for the filing of a warning notice on title of these properties until all deficiencies are corrected.

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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