ADMINISTRATIVE REPORT December 06, 1996 TO: Vancouver City Council FROM: City Building Inspector SUBJECT: Warning to Prospective Purchasers of 6098 Commercial Street Lot 52, District Lot 718, SHLF, Plan 2245 RECOMMENDATION THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 6098 Commercial Street 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 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 a 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 of 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. - 2 - DISCUSSION Over the last few years there have been numerous complaints filed with respect to the illegal occupancy of this one family dwelling. The number of occupants in the building fluctuated and most recently there was reported to be 15 unrelated persons living in the building. This issue was brought to the attention of the Neighbourhood Integrated Service Teams by the neighbouring residents. Resulting inspections revealed that in addition to the illegal occupancy, there were gas and electrical deficiencies and alterations and additions that had been constructed without permit. This department issued an order to the owner in this regard. A reinspection of the building has confirmed that the owner has restored the occupancy to a one family dwelling, and has corrected the gas and electrical deficiencies. However, to date he has not applied for permits for the alterations and additions. The property is now up for sale. The filing of this notice will ensure that any prospective purchaser is made aware that there is a contravention of the 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. * * * * *