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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
October 14, 2004 | |
Author: |
Kathy Morgan | |
Phone No.: |
604-873-7760 | |
RTS No.: |
04599 | |
CC File No.: |
2701 | |
Meeting Date: |
November 18, 2004 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
City Building Inspector |
SUBJECT: |
319 East 59th Avenue
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RECOMMENDATION
A. THAT the City Clerk be directed to file a 336D Notice against the title to 319 East 59th Avenue (Lot 18, Block 10 S Hlf, District Lot 656, Plan 2200) in order to warn prospective purchasers that there are contraventions of the Vancouver Building By-law related to this property.
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 319 East 59th 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 319 East 59th Avenue to warn prospective purchasers of By-law violations and to request approval to seek injunctive relief.
BACKGROUND
The existing building at 319 East 59th Avenue was constructed in 1941 as a one family dwelling and is located in an RS-1 (One Family Dwelling) District.
DISCUSSION
As a result of a complaint, our inspection services investigated and reported that the storm water drainage system at 319 East 59th Avenue did not comply with the requirements of Part 7 of the Vancouver Building By-law. An automatic washing machine under the deck along with one or more fixtures inside the building were discharging into a rainwater leader which was piped to the drain tile on an adjacent property. In October 2002, the owners were advised to obtain the required permit, remove all connections/piping from the appliances/fixtures in question to the rainwater leader and connect to the sanitary system, and remove the pipe which connected the rainwater leader to the drain tile on the adjacent property. As there was no application for a Plumbing Permit and the work had not been corrected, the owners were ordered to rectify the deficiencies. Inspections in June and July 2003 indicated that the drainage piping connecting to the rain water leader and pipe had been removed between the two properties and that a storm sump was discharging along the fence. In July 2003 the owners were advised to have a licensed contractor obtain the required permit and correct the deficiencies. An order was sent in October 2003 to direct the discharge from the sump to an approved storm drainage system.
The owners have initiated legal action against the City and the owner of the adjacent property to maintain the connection between the two properties. As the owner of the adjacent property disconnected the pipe and capped the connection between the two buildings, there was flood damage during a rain storm in October 2003. The owners of 319 East 59th Avenue installed a temporary sump pump pending the Court decision.
In June 2004, an order was sent to the owners of 319 East 59th Avenue to provide access. There was no one available for the scheduled inspection. A charge has been laid in Provincial Court for failing to provide access. It has been noted that the sump is now discharging into the lane at the rear.
CONCLUSION
Although the property 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 there are violations of the Vancouver Building By-law. 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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