ADMINISTRATIVE REPORT

September 29, 1997

CC File: 2701-1

TO: Vancouver City Council

FROM: City Building Inspector

SUBJECT: Warning to Prospective Purchasers of 729 East 13th Avenue

Lot 20 of A, Block 174, District Lot 264A, Plan 1771

RECOMMENDATION

THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 729 East 13th 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 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.

DISCUSSION

On June 5, 1995, as a result of a complaint, the District Building Inspector attended the above site and observed that extensive alterations had been carried out without permit or approval in contravention of the Zoning and Development and Vancouver Building By-laws. The work done included opening up of the attic, installation of a skylight, installation of a basement dwelling unit and new exit door and windows.

Because the owner has failed to apply for a permit, he was ordered to remove the work. However, to date, the unapproved work and illegal suite still exist.

This matter was referred to the City Prosecutor and charges were approved. However, the process server was unable to deliver the summons as the owner is currently in Montreal. Because of this, the City is unable to pursue enforcement action at this time.

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 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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(c) 1997 City of Vancouver