ADMINISTRATIVE REPORT February 06, 1997 TO: Vancouver City Council FROM: City Building Inspector SUBJECT: Warning to Prospective Purchasers of 5795 Dumfries Street Lot 38 AMD, Block 2, District Lot 715, Plan 2780 RECOMMENDATION THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 5795 Dumfries Street in order to warn prospective purchasers that there is a contravention of the 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. DISCUSSION In August of 1995, the District Building Inspector observed work being carried out at the above location without permit or approval in contravention of the Zoning and Development and Vancouver Building By-laws. The work consisted of: a new 12' x 12' addition, new doors, windows and roof on the dwelling and a new roof on the accessory building that exceeds the height limitations of the Zoning and Development By-law. A stop work order was posted and the owners were directed to apply for permits or remove the work. A subsequent application for Development Permit was Refused on November 6, 1995 due to regulations. An appeal to the Board of Variance was also Refused. Because of the Refusals, the owners were ordered to remove the addition and interior alterations and to restore the roof line of the garage. However, the owners did not comply with the order. Consequently, the City Prosecutor has laid charges and a trial date has been set for April 10, 1997. 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 there are violations of the Zoning and Development and Vancouver Building By-laws in this building that if enforced against him, would cause him to suffer significant loss or expense. * * * * *