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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
September 30, 2004 | |
Author: |
Kathy Morgan | |
Phone No.: |
604-873-7760 | |
RTS No.: |
04558 | |
CC File No.: |
2701 | |
Meeting Date: |
October 21, 2004 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
City Building Inspector |
SUBJECT: |
614 East 19th Avenue
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RECOMMENDATION
A. THAT the City Clerk be directed to file a 336D Notice against the title to 614 East 19th Avenue (Lot 2 E Hlf, Block 53, 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 614 East 19th 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 614 East 19th Avenue to warn prospective purchasers of By-law violations and to request approval to seek injunctive relief.
BACKGROUND
The existing building at 614 East 19th Avenue is approved as a one family dwelling and is located in an RS-1 (One Family Dwelling) District.
As a result of a complaint, our inspection services reported that interior and exterior alterations were being carried out without permit or approval in contravention of the Zoning and Development and Vancouver Building By-laws. The work included walls being removed and a beam installed on the second floor, new walls in the basement, new windows at the side yards, a new deck and stairs at the rear, extensive electrical work throughout the building and plumbing work on both floors. In November 2001, the owners were ordered to stop work and make application for the required permits or remove the unapproved work. As no applications had been submitted and the unapproved work was still existing, in January 2002 the owners were ordered to remove the unapproved work. An extension of time was granted at the request of the owners. As a result of a coordinated inspection, in March 2003 the owners were ordered to remove the unapproved construction in the basement (new walls, windows, wiring, and plumbing fixtures), remove the additional floor area constructed on the first storey, remove the unapproved deck and stairs at the rear and install internal access between the basement and first storey. A Development and Building Permit was issued in December 2003 for alterations to restore the first floor to storage only, add new interior and exterior stairs, remove the kitchen from the first floor and ensure the building conforms to the Vancouver Building By-law.
An inspection in August indicated that required work had not been carried out. On August 26, 2004, the owner was ordered to remove the kitchen units and washroom fittings in the basement, install internal stairs, provide the required non-combustible finish on the west exterior wall and alter the front entrance stair guardrails to meet By-law requirements. It has come to our attention that the property has been listed for sale.
CONCLUSION
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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