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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
November 2,2004 | |
Author: |
Pattie Hayes | |
Phone No.: |
604-873-7787 | |
RTS No.: |
04645 | |
CC File No.: |
2071 | |
Meeting Date: |
December 2, 2004 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
City Building Inspector |
SUBJECT: |
6988 Dumfries Street
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RECOMMENDATION
A. THAT the City Clerk be directed to file a 336D Notice against the title to 6988 Dumfries Street (Lot 12, Block 3, District Lot 737, Plan 2373) 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 6988 Dumfries 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 6988 Dumfries Street to warn prospective purchasers of By-law violations and to request approval to seek injunctive relief.
BACKGROUND
The existing building at 6988 Dumfries Street is approved as a one family dwelling and is located in an RS-1 (One Family Dwelling) District. This building received a final building inspection for construction in May of 2000.
As a result of a complaint in April of 2004, 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 the enclosure of an approximate 14' X 13'8 area beneath the rear sundeck and an aluminium roof cover over the rear sundeck. A letter was sent to the owners with information on applying for the required permits or to remove the unapproved work. As no applications had been submitted and the unapproved work still existed, in July of 2004 the owners were ordered to remove the unapproved work. There have been no correspondence or permit applications in response to our letter or order and the additions and alterations still exist. This matter was referred to the City Prosecutor in August of 2004 and charges have been laid with a court date in the new year.
DISCUSSION
A recent inspection revealed that the additions and alterations still exist. 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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