ADMINISTRATIVE REPORT 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 RECOMMENDATION 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. 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 - DISCUSSION 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 charges. 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. * * * * *