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. * * * * *