ADMINISTRATIVE REPORT December 05, 1996 TO: Vancouver City Council FROM: City Building Inspector SUBJECT: Warning to Prospective Purchasers of 3190 Turner Street Lot 14, Block 84, DL THSL, Plan 1861 RECOMMENDATION THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 3190 Turner 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 In May of 1995 the District Building Inspector observed an addition (10' x 12') being constructed at the above location without permit. A STOP WORK notice was posted and the owner was directed to apply for a Development and Building Permit. Because the owner failed to apply for a permit, he was ordered to remove the work. However, to date, the unapproved work still exists. This matter was referred to the City Prosecutor and charges were approved. However, the process server was unable to deliver the summons as it appears that the owner is out of the country. Because of this, the City is unable to pursue enforcement action at this time. This report reflects that a notice be filed against the title to 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. * * * * *