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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
November 18,2004. | |
Author: |
Carlene Robbins | |
Phone No.: |
604-873-7535 | |
RTS No.: |
04695 | |
CC File No.: |
2701 | |
Meeting Date: |
November 30, 2004 |
TO: |
Standing Committee on Transportation and Traffic |
FROM: |
City Building Inspector |
SUBJECT: |
428 East 34th Avenue
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RECOMMENDATION
THAT the City Clerk be directed to file a 336D Notice against the title to the property at 428 East 34th Avenue, Lot 10 Block 2, District Lot 636, Plan 1902 PID 014-234-238 in order to warn prospective purchasers that there are two unauthorized dwelling units in the basement of this building in contravention of the Zoning and Development, Vancouver Building and Electrical 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.
PURPOSE
The purpose of this report is to request approval to file a 336D Notice against the title to
428 East 34th Avenue to warn prospective purchasers of By-law violations.
BACKGROUND
The building at 428 East 34th Avenue was constructed prior to 1950 and is approved as a single family dwelling. The building is located in an RS-1 (One Family Dwelling) District.
DISCUSSION
In May of this year, we received a complaint that the building contained two illegal dwelling units. The property use inspector made several attempts to inspect the building but was not provided access. An order was sent to the property owner on July 7, 2004, requiring that access for inspection be provided to the inspector, however, the owner failed to comply with the order. As a result, the owner has been charged in Provincial Court for failing to provide access and is required to make a first appearance in Court on December 20, 2004.
A recent submission for a "comfort letter" through our file research branch alerted us that this building is currently listed for sale. The subsequent file review indicated that there had been a previous by-law violation in this building in 1997 and that a 336D warning notice had been filed in the Land Title Office related to the violation at that time. The file also indicated however, that although the previous violation had been rectified, the warning notice had not been removed from title. The City Clerk will be advised that this previous notice may now be removed.
On November 7, 2004, the Property Use Inspector was able to gain access to inspect the building and reported that two unauthorized dwelling units have been constructed in the basement in contravention of the Zoning and Development, Vancouver Building and Electrical By-laws. These violations have also been referred to the City Prosecutor for charges.
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 the building contains two unauthorized dwelling units in contravention of the Zoning and Development and Vancouver Building and Electrical By-laws.
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