Vancouver City Council |
CITY OF VANCOUVER
ADMINISTRATIVE REPORT
Date:
December 10, 2004
Author:
Kathy Morgan
Phone No.:
604-873-7760
RTS No.:
04761
CC File No.:
2701
Meeting Date:
January 20, 2005
TO:
Standing Committee on Planning and Environment
FROM:
City Building Inspector
SUBJECT:
1122 East 12th Avenue
Warning to Prospective Purchasers
THAT the City Clerk be directed to file a 336D Notice against the title to 1122 East 12th Avenue (Lot 3 W Hlf, Block 172, District Lot 264A, Plans 222 and 1771) in order to warn prospective purchasers that there are contraventions of the Zoning and Development, Vancouver Building, Electrical, Standards of Maintenance and Untidy By-laws related to this property.
The General Manager of Community Services RECOMMENDS approval of the foregoing.
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.
The purpose of this report is to request approval to file a 336D Notice against the title to 1122 East 12th Avenue to warn prospective purchasers of By-law violations
The building at 1122 East 12th Avenue is approved as a one family dwelling and is located in an RT-5 (Two Family Dwelling) District.
A co-ordinated inspection in April 2004 revealed that the building was occupied as an unapproved rooming house having seven units with keyed locks in contravention of the Zoning and Development and Vancouver Building By-laws. There are no sprinkler or fire alarm systems, the headroom on the first storey does not meet minimum height requirements, the exiting is deficient, the stairs between the first and second storeys have deficient rise and run and headroom, there are no hard-wired smoke alarms, the front stairs show signs of rot and the guards on the front and rear decks and stairs do not comply. There were several contraventions of the Electrical, Standards of Maintenance and Untidy Premises By-laws and the Provincial Gas Safety Act. In May 2004, the owners were ordered to cease occupying the building as a rooming house and vacate the first storey, remove cooking facilities from the first storey, install smoke alarms adjacent to all sleeping rooms on the second storey, remove all keyed locks, repair the front and rear stairs and correct the other deficiencies.
The property was sold in June 2004. A reinspection in August 2004 indicated that only the new owner was living in the building, an interior wall was partially demolished without permit or approval and the other deficiencies had not been corrected. The new owner was advised of the requirements for permits and was ordered to remove the cooking facilities on the first storey, install hard-wired smoke alarms, repair the front and rear stairs and correct the other deficiencies. Staff have attempted to arrange meetings with the new owner with no success. In November, the owner was sent a written request for an appointment to inspect the building on December 7. The owner did not attend to provide access. Our inspection services reported extensive rubbish and discarded materials (i.e. mattresses, refrigerator, furniture, household goods and garbage) in the rear yard, on the rear deck and at the rear of the garage. There was a sign in the front yard reading "house for sale by owner".
As the property is currently listed for sale, it is recommended that a 336D Notice be filed against the title so that any prospective purchasers will be warned that there are violations of the Zoning and Development, Vancouver Building, Electrical, Standards of Maintenance and Untidy By-laws.
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