ADMINISTRATIVE REPORT December 17, 1996 TO: Vancouver City Council FROM: City Building Inspector SUBJECT: Warning to Prospective Purchasers of 4540 James Street Lot 66, Block 1 to 3 & 8, District Lot 633, Plan 1452 RECOMMENDATION THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 4540 James Street in order to warn prospective purchasers that there is a contravention of Vancouver Building By-law 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. (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 - 2 - DISCUSSION In August of 1995, the District Building Inspector observed a two storey addition (5 x 9) being constructed at the rear of the building at the above location without permit or approval. A Stop Work Order was posted and the owners were directed to apply for permits or remove the work. On October 12, 1995, Combined Development and Building Permit No. DB400896 was issued. However, although the work appears to have been completed, to date, the inspector has not been called for an inspection. Based on the initial inspection of the building, the District Building Inspector has concerns that the work does not comply with the provisions of the By-law, in particular with respect to construction of the interior stairs. The owners have been directed in writing to arrange for an inspection of the work, but to date have not complied. Recently, the inspector noted that the building is up for sale. The filing of this notice will ensure that any prospective purchaser is made aware that the work under Combined Development and Building Permit N0. DB400896 has not been inspected and that there may a contravention of the By-law that if enforced against him, would cause him to suffer significant loss or expense. * * * * *