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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
June 24, 2004 | |
Author: |
Pattie Hayes | |
Phone No.: |
604-873-7787 | |
RTS No.: |
04386 | |
CC File No.: |
2701 | |
Meeting Date: |
July 22, 2004 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
City Building Inspector |
SUBJECT: |
1095 East 41st Avenue
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RECOMMENDATION
THAT the City Clerk be directed to file a 336D Notice against the title to the property at 1095 East 41st Avenue, Lot 15 of 4, Block 12 to 21, District Lot 666, Pl 1378 Expl Pl 17020, PID 008-172-561 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 1095 E 41st Avenue to warn prospective purchasers of By-law violations.
BACKGROUND
The building at 1095 E 41st Avenue was constructed in 1946 and is approved as a single family dwelling. The building is located in an RS 1 (One Family Dwelling) District.
DISCUSSION
In March 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 May 11, 2000 for this building.
In May 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 owner has been asked to come into City Hall to meet with City staff to discuss the situation.
The owner will be advised 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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