ADMINISTRATIVE REPORT
Date: January 15, 1996
File No. 1825W37T
TO: Vancouver City Council
FROM: City Building Inspector
SUBJECT: Warning to Prospective Purchasers
1825 West 37th Avenue
RECOMMENDATION
THAT the City Clerk be directed to file a 336D Notice
Against the Certificate of Title to the property at
1825 West 37th Avenue in order to warn prospective
purchasers that there is a contravention of the Zoning
and Development and Vancouver Building By-laws related
to this building.
GENERAL MANAGER'S COMMENTS
The General Manager, 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 in 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
In 1991, the District Building Inspector reported that the rear
deck at the above location had been roofed over and enclosed
without permit or approval. A subsequent application for permit
and an appeal to the Board of Variance were refused and the owner
was ordered to remove the work. Because the owner failed to
comply, she was charged and found guilty in Provincial Court in
-2-
May of 1992.
Despite the finding, the owner has still not removed the
unapproved enclosure. It has been further reported that a 7'
wooden walkway with overhead trellis has since been added and the
northwest portion of the carport has been enclosed, also without
permit or approval. Orders have been issued requiring removal of
this work.
The Law Department advises that injunction proceedings are
underway.
The filing of a 336D notice will ensure that any prospective
purchaser is made aware that there is a contravention of the
Zoning and Development and Vancouver Building By-laws related to
this building and that the purchaser may suffer a significant
loss or expense if the By-laws were enforced against him.
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