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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