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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
September 28, 2004 | |
Author: |
Carlene Robbins | |
Phone No.: |
604-873-7535 | |
RTS No.: |
04541 | |
CC File No.: |
2701 | |
Meeting Date: |
November 4, 2004 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
City Building Inspector |
SUBJECT: |
1300 Richards Street
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RECOMMENDATION
A. THAT the City Clerk be directed to file a 336D Notice against the title to 1300 Richards Street, Lot A Block 115 District Lot 541 Plan 5210, PID 011-207-931 in order to warn prospective purchasers that there are contraventions of the Vancouver Building By-law 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 1300 Richards Street, 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 the building located at 1300 Richards Street, to warn prospective purchasers of By-law violations and to request approval to seek injunctive relief.
BACKGROUND
This commercial building is located in the DD (Downtown District). Our records for this property reveal a long history of work being carried out without permit or approval. The original occupancy approval for this building was manufacturing and warehouse, however, the uses throughout the building have since changed to photo studio, wholesale, office etc. The owner applied and was granted Development Permit Approval under DE 404348 in 1999 for the changes in occupancy pursuant to the Zoning and Development By-law, however, to date, has not submitted application for Building Permit and has not carried out the required upgrading of the building.
DISCUSSION
A recent inspection by the District Building Inspector revealed the following deficiencies:
1. the fire separation of exits, corridors and suites is deficient;
2. lighting and emergency power systems have not been provided;
3. the exit stair on the west side of the building has a non-complying fire-rated exit enclosure and occupancies opening directly into it which requires the fire separation to be upgraded;
4. the exit stair on the east side of the building does not exit directly to the exterior and does not meet the headroom, rise/run and fire separation requirements of the By-law;
5. the exit stair leading to the basement is also deficient as to rise/run, headroom and guards;
An order was issued to the owner of the property on July 5, 2004 to submit a complete application for Building Permit for upgrading of the building. Although the owner has retained the services of an Engineering firm to carry out an assessment of the building, there has been no application for permit submitted and the building remains occupied.
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 does not meet the requirements of the Vancouver Building By-law in particular with respect to the minimum life safety provisions such as fire separations and exiting. It is also recommended that in the event that the owner does not obtain permit approval and/or does not carry out the required upgrading, Council authorize the Director of Legal Services to commence legal action or an injunction, if, in her opinion, it is appropriate to do so.
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