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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
May 28, 2004 | |
Author: |
Pattie Hayes | |
Phone No.: |
604-873-7787 | |
RTS No.: |
04284 | |
CC File No.: |
2701 | |
Meeting Date: |
June 24, 2004 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
City Building Inspector |
SUBJECT: |
323 East King Edward Avenue
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RECOMMENDATION
A. THAT the City Clerk be directed to file a 336D Notice against the title to the property at 323 East King Edward Avenue (The west Half of Lot 3, Block B, District Lot 301, Plan 5112, PID 008-576-327) 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 323 East King Edward Avenue 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 323 East King Edward Avenue to warn prospective purchasers of By-law violations and to request approval to seek injunctive relief.
BACKGROUND
The building at 323 East King Edward Avenue was constructed prior to 1969 and is approved as a single family dwelling. This building is located in an RS-7S (one family dwelling) District. Unapproved interior and exterior alterations and additions were carried out in 1995.
DISCUSSION
In April 1995 the District Building Inspector reported that interior and exterior alterations were being carried out including an approximate 10' X 22' rear addition 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.
Charges were laid in Provincial Court for working over the stop work notice and for not obtaining the required permits, the owner was fined. September 29, 1995 a combined development and building permit No. DB400800 was issued for the above alterations and work done without permit.
Since 1995 minimal work has been done to complete the requirements of the above noted permit. It is further noted that a condition of combined development and building permit No.DB400800 was that the building was required to be sprinklered . To date there has been no permit issued for that work. Numerous letters and orders have been sent to the owner of the building requesting compliance but to no avail.
A recent inspection reveals that further work has taken place which includes a window being changed to a sliding door, the roof over the front entry door altered to provide a deck, and further changes to the building which have not been approved.
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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