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


      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.


      The General Manager of Community Services RECOMMENDS approval of the


 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 -


 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.

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