ADMINISTRATIVE REPORT
Date: May 29, 1995
File No. 55SWMARI
TO: Vancouver City Council
FROM: City Building Inspector
SUBJECT: Warning to Prospective Purchasers of 55 S.W. Marine
Drive
RECOMMENDATION
THAT the City Clerk be directed to file a 336D Notice
against the Certificate of Title to the property at 55 S.W.
Marine Drive in order to warn prospective purchasers that:
(a) the property has had ongoing violations pertaining to
the Untidy and Standards of Maintenance By-laws.
(b) the owner of the property has been put on notice that
the Building Permit for this property will expire on
June 15, 1995 unless certain conditions have been met.
and
(c) Upon expiry of the Building Permit, the Director of
Permit and Licenses will request that City Council
declare the building a nuisance pursuant to 324A of the
Vancouver Charter and require that the owner demolish
the building.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS
approval of the foregoing.
COUNCIL POLICY
The Vancouver Charter, Section 336D, provides a mechanism whereby
the City of Vancouver can warn prospective purchasers of
contravention of City By-laws relating to land or a building or
structure.
Section 336D of the Vancouver Charter provides that, if the City
Building Inspector observes a condition that he considers:
(a) to be contravention of a By-law or regulation relating to
the construction or safety of buildings or structures; or
(b) as a result of that condition, a building or structure is
unsafe or is unlikely to be useable for its expected purpose
during its normal lifetime; or
(c) the contravention is of a nature that a purchaser, unaware
of the contravention, would suffer a significant loss or
expense if the By-laws were enforced against him;
he may recommend to City Council that a resolution be considered,
pursuant to section 336D (2), directing the City Clerk to file a
notice against the title to the property in the Land Title
Office.
DISCUSSION
This one-family dwelling has been vacant since July of 1991.
Since that time, this Department has received numerous complaints
regarding the unsightly appearance of the dwelling, debris,
discarded materials on site as well as the building being open
and accessible to the public.
Our records indicate that the owners gutted the interior of the
dwelling, and subsequently obtained Building Permit No. BP812618
on July 6, 1994 for alterations and an addition. However, no
work has progressed.
Because of the foregoing, the owner was directed to commence
active construction or the permit would expire. His solicitor
responded by requesting an extension of time for his client to
commence construction. The City responded with a deadline of
June 15, 1995 requiring a detailed construction schedule, name of
contractor and a guarantee from the owner that the site will be
maintained in a satisfactory condition.
However, it has since come to our attention that the owner has
listed the property for sale.
The filing of a 336D notice will ensure that any prospective
purchaser is made aware that there are violations of the by-laws
with respect to this property, there will likely be no valid
Building Permit as of June 15, 1995 and the building may be
declared a nuisance and be ordered demolished.
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