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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
November 5,2004 | |
Author: |
Pattie Hayes | |
Phone No.: |
604-873-7787 | |
RTS No.: |
04661 | |
CC File No.: |
2701 | |
Meeting Date: |
December 2, 2004 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
City Building Inspector |
SUBJECT: |
2039 E 35th Avenue
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RECOMMENDATION
THAT the City Clerk be directed to file a 336D Notice against the title to 2039 E 35th Avenue (Lot 9 S Hlf Block 1 N Hlf, District Lot 394, Plan 1845) in order to warn prospective purchasers that there are contraventions of the Zoning and Development and Vancouver Building By-laws related to this building.
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 2039 E 35th Avenue to warn prospective purchasers of By-law violations.
BACKGROUND
The existing building at 2039 E 35th Avenue is approved as a one family dwelling and is located in an RS-1 (One Family Dwelling) District. This building was completed and received a final building inspection for construction in March of 2001.
As a result of a complaint in November of 2003 of unapproved occupancies, our inspection services sent out an order requesting access. It was reported however that the inspector was unable to carry out this inspection. This matter was referred to the City Prosecutor for the laying of charges. However the property was sold and the matter was withdrawn.
A letter was sent to the new owners requesting access to determine whether the building was now occupied in accordance with the approved permits and plans. An inspection in June of 2004 revealed that this approved one family dwelling was now occupied as four (4) dwelling units. A further letter was sent to the owner with information on a) applying for one (1) secondary suite and the removal of the other two(2), OR b) removal of all three (3) dwelling units and restoring the building to its permitted use. As no applications have been submitted and the owner has not allowed us access into the building, this matter was referred to the City Prosecutor in October of 2004 and charges are awaiting the Prosecutor's approval.
DISCUSSION
The owners are unwilling to allow us access to inspect the building to determine compliance and 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.
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