ADMINISTRATIVE REPORT

Date: April 6 1998

Author/Local: C. Robbins 7535

CC File No. 2701-1

TO:	Vancouver City Council
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers - 771 East 16th Avenue Lot 10 of 2 to 9, Block 102, District Lot 301, Plan 2466

RECOMMENDATION

THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 771 East 16th Avenue in order to warn prospective purchasers that there is a contravention of the Vancouver Building By-law 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.

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

In February of 1997, the owners of the above property obtained Combined Development and Building Permit No. DB403742 that permitted the alterations of the existing multiple conversion dwelling containing one dwelling unit on the first storey and a secondary suite on the second floor.

In October of 1997, the District Building Inspector observed that the building was being occupied although final inspections under the Building, Sprinkler and Electrical Permits had not been carried out.

The owners of the property were ordered to obtain a final inspection or cease occupying the building.

To date, the owners have not complied with the City's order and the building remains occupied.

The Inspector has referred the matter to the City Prosecutor for the laying of charges.

DISCUSSION

The Inspector reports that the building is currently listed for sale. The filing of a 336D Notice will ensure that any prospective purchaser is made aware that there is a contravention of the Building By-law related to this building and that the purchaser may suffer a significant loss or expense if the by-law was enforced against him.

* * * * *

(c) 1998 City of Vancouver