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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
September 15, 2004 | |
Author: |
Kathy Morgan | |
Phone No.: |
604-873-7760 | |
RTS No.: |
04515 | |
CC File No.: |
2701 | |
Meeting Date: |
October 7, 2004 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
City Building Inspector |
SUBJECT: |
827 East 18th Avenue
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RECOMMENDATION
A. THAT the City Clerk be directed to file a 336D Notice against the title to 827 East 18th Avenue (Lot 9, Block 79, District Lot 301, Plan 187) 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 827 East 18th 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 827 East 18th Avenue to warn prospective purchasers of By-law violations and to request approval to seek injunctive relief.
BACKGROUND
The existing building at 827 East 18th Avenue is located in an RS-1 (one family dwelling) District and is approved as a one family dwelling.
DISCUSSION
As a result of a complaint, in February 2003 our inspection services reported that construction was being carried out without permits in contravention of the Zoning and Development and Vancouver Building By-laws. The work included a two-storey addition on the west side and rear, the interior being gutted back to framing with a new roof line and floor added, new wiring and new foundations. The owners were ordered to stop work immediately, obtain the services of a Professional Structural Engineer and make application for the required permits.
CONCLUSION
As no applications were submitted, the owners were ordered to remove the unapproved work. An extension of time was requested by one of the owners and was granted. As there was still no application and the unapproved work still existed, charges were laid in Provincial Court. One of the owners pled guilty and was fined. An inspection in June 2004 indicated that there had been no change and the owners were again ordered to remove the unapproved construction. Two more requests for extensions have been granted. It has come to our attention that the building has been listed for sale.
As the building is 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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