ADMINISTRATIVE REPORT

Date: February 19, 1998

Author/Local:C. Robbins/7535

CC File No. 2701-1

TO:	Vancouver City Council
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers 2215 Stephens Street Lot C of 1, Block 16, District Lot 192, Plan 4207
RECOMMENDATION

THAT the City Clerk be directed to file a 336D Notice against the Certificate of title to the property at 2215 Stephens Street 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, 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.

Section 336D of the Vancouver Charter provides that, if the City Building Inspector observes a condition that he considers:

(a) to be in contravention of a By-law or regulations 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 or 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.

BACKGROUND

On September 30, 1997, as a result of a complaint, the District Building Inspector attended the above site and observed that an approximate 21' x 8' rear basement level addition and interior alterations were being carried out without permit in contravention of the Zoning and Development and Vancouver Building By-laws. A stop work order was posted on site and the owners were directed to apply for the required permits or remove the unauthorized work.

Because no application for permit was submitted, the owners were ordered to remove the alterations and rear addition. To date, the owners have not complied with the order from the City.

DISCUSSION

Our records indicate that the registered owners of this property live in Alberta. As a Summons is not served out of Province, we are unable to proceed with charges in Provincial Court.

However, the filing of a 336D Notice will ensure that 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 significant loss or expense if the by-laws were enforced against him.

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(c) 1997 City of Vancouver