ADMINISTRATIVE REPORT
Date: April 18, 1997
CC File: 2701-1
TO: Vancouver City Council
FROM: The City Building Inspector
SUBJECT: Warning to Prospective Purchasers of 188 West 22nd Avenue
Lot 2, Block 623, DL 526, Plan 2913
RECOMMENDATION
THAT the City Clerk be directed to file a 336D Notice against the
Certificate of Title to the property at 188 West 22nd Avenue in order
to warn prospective purchasers that there is a contravention of the
Zoning and Development and Vancouver Building By-laws 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
cons
truc
tion
or
safe
ty
of
buil
ding
s or
stru
ctur
es;
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 November of 1995, as a result of a complaint, the District Building
Inspector attended the above site and observed construction of an 12 ft. x
12 ft. addition being constructed at the rear of the building at the above
location without permit in contravention of the Zoning and Development and
Vancouver Building By-laws
A STOP WORK order was posted and the owner was directed to apply for
permits or remove the work.
An application for Development Permit (DE401015) was refused as were two
subsequent appeals to the Board of Variance.
As a result of the refused appeals, the owner was ordered to remove the
deck addition on June 6, 1996.
Because the owner failed to comply with the order, charges have been laid
in Provincial Court.
However, the City Prosecutor's office advises that the process server has
been unable to serve the owner and that a bench warrant has been issued.
The filing of a 336D Notice will ensure that in the event that the
building is put up for sale, any prospective purchaser is made aware that
there is a contravention of the by-laws related to this building and that
the purchaser may suffer a significant loss or expense if the by-laws were
enforced against him.
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