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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
November 17, 2004 | |
Author: |
Kathy Morgan | |
Phone No.: |
604-873-7760 | |
RTS No.: |
04686 | |
CC File No.: |
2701 | |
Meeting Date: |
December 16, 2004 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
City Building Inspector |
SUBJECT: |
985 - 987 Cardero Street
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RECOMMENDATION
A. THAT the City Clerk be directed to file a 336D Notice against the title to 985 - 987 Cardero Street (Lot B of 26 to 28, Block 58, District Lot 185, Plan 2256) in order to warn prospective purchasers that there are contraventions of the Zoning and Development, Vancouver Building and Electrical By-laws 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 985 - 987 Cardero 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 985 - 987 Cardero Street to warn prospective purchasers of By-law violations and to request approval to seek injunctive relief.
BACKGROUND
The building at 985 - 987 Cardero Street is approved as a multiple conversion dwelling with four dwelling units (two on the main floor and two on the second floor) and is located in the RM-5A (West End Multiple Dwelling) District.
DISCUSSION
As a result of a complaint, our inspection services reported in December 2002 that interior alterations had been carried out in the basement without permit or approval in contravention of the Vancouver Building By-law. The owner was ordered to stop work and advised to make application for the required permits or remove the unapproved work and provide access for inspection of all areas of the building. He was also advised of the approved use of the building and that a Development Permit and Building Permit would be required for any additional units.
A coordinated inspection in January of 2003 indicated that there were two unapproved dwelling units in the building, one in the basement and one in the attic, for a total of six dwelling units. The owner was advised that he could make application to retain the two additional units and that if a Development Permit was obtained, the building would require upgrading pursuant to the Vancouver Building and Electrical By-laws, including the provision of fire alarm and sprinkler systems.
No applications for permit have been submitted. Attempts to gain access were unsuccessful and this matter was referred to the City Prosecutor for failing to provide access. Numerous attempts to serve the owner were unsuccessful and there were four missed "first appearance" dates. There is another "first appearance" scheduled in January 2005.
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 Zoning and Development, Vancouver Building and Electrical 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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