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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
October 20, 2004 | |
Author: |
Pattie Hayes | |
Phone No.: |
604-873-7787 | |
RTS No.: |
04607 | |
CC File No.: |
2701 | |
Meeting Date: |
November 18, 2004 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
City Building Inspector |
SUBJECT: |
5255 Inverness Street
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RECOMMENDATION
A. THAT the City Clerk be directed to file a 336D Notice against the title to the property at 5255 Inverness Street (Lot 26 AMD Block 18, District Lot 668-670, Plan 1369) 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 5255 Inverness Street (Lot 26 AMD Block 18, District Lot 668-670, Plan 1369) 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 5255 Inverness Street to warn prospective purchasers of By-law violations and to request approval to seek injunctive relief.
BACKGROUND
The property addressed as 5255 Inverness Street 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 an approximate 10' X 12' second floor enclosure had been constructed to the existing rear deck of the building without permit or approval in contravention of the Zoning and Development and Vancouver Building By-laws. It was noted that electrical work in this area was also being carried out without permit or approval.
The owners were ordered to stop work on August of 2001 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 September 2001, the owners were ordered to remove the unapproved enclosure. An extension of time was granted at the request of the owners until November 10,2001. A Development Permit was then applied for and was refused in February of 2002. A subsequent appeal to the Board of Variance was also disallowed. In August of 2002 the owners were found guilty in Provincial Court and were fined.
A follow-up inspection was carried out and it was reported that the rear deck enclosure was still existing. A new order was again sent to the owners to remove this enclosure. Two subsequent appeals were made to the Board of Variance , the first was disallowed and the second was withdrawn by the owners of this property. Further orders were sent however upon re-inspection it was reported that the enclosure was still existing. In August of 2004 the owners were again found guilty in Provincial Court and received a second fine.
DISCUSSION
A recent inspection indicated that the unapproved deck enclosure still exists and no permits or approvals have been obtained.
CONCLUSION
Although the building is not currently listed for sale, it is recommended that a 336D Notice be filed against the title 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 and seek an injunction if, in her opinion, it is appropriate to do so.
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