Date:  April 15, 1997
                                             CC File: 2701-1

 TO:       Vancouver City Council

 FROM:     The City Building Inspector

 SUBJECT:  Warning to Prospective Purchasers of 428 East 34th Avenue
           Lot 10, Block 2, DL 636, Plan 1902


      THAT the City Clerk be directed to file a 336D Notice against the
      Certificate of Title to the property at 428 East 34th Avenue in order
      to warn prospective purchasers that there is a contravention of the
      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 -


 As a result of a complaint, the District Building Inspector attended the
 above site on February 11, 1997 and observed alterations being carried out
 in the basement of the building without a building permit in contravention
 of the Vancouver Building By-law.

 A Stop Work order was posted and the owners were directed to apply for a
 Building Permit.

 The inspector advises that although a permit has not been obtained, the
 work has progressed.

 This matter has been referred to the City Prosecutor for the laying of

 Concerned neighbours have written to our Law Department requesting that
 the City take steps to prevent the owner selling or renting the home until
 the work has been done according to the City's By-laws.

 Consequently, this report requests that a notice be filed against the

 title to ensure that in the event the building is put up for sale, any
 prospective purchaser is made aware that there is a contravention of the
 Building By-law related to this building and that the purchaser may suffer
 a significant loss or expense if the by-law were enforced against him.

                             *   *   *   *   *