ADMINISTRATIVE REPORT

Date: April 16, 1998

Author/Local: C. Robbins 7535

CC File No. 2701-1

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers - 733 and 737 East 20th Avenue Lots A and B, BL-54, DL-Lot 301, Plan LMP35214, Land District 36

RECOMMENDATION

THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 733 and 737 East 20th 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

These two adjacent sites contain single family dwellings that were recently constructed under permit. The buildings are situated in a location of known instability. In such locations the outright prescriptive foundation design requirements of the Vancouver Building By-law (Part 9) are not applicable. Accordingly, in these circumstances it is required that the owner obtain the services of a Professional Design Engineer to structurally design the foundation based on a geotechnical soils report for the site and Part 4 of the By-law.

DISCUSSION

A site visit by the District Building Inspector at the end of January of this year revealed that the building at 733 East 20th Avenue was leaning approximately 3/4" and that the building at 737 East 20th Avenue was leaning approximately 2", indicating apparent foundation failures. The inspector, therefore, requested that the Engineer of record investigate the cause of the failures and report back with recommended remedial action.

Subsequent letters submitted by the Engineer failed to adequately describe the cause of the failures and did not recommend any remedial measures to be undertaken to ensure that further leaning of the houses would not occur. Those letters were rejected by the District Building Inspector.

Consequently, the owner of both properties has been issued an order requiring that the building be re-surveyed to ascertain whether or not there has been further settlement and that a proper investigation be conducted by a Geotechnical Engineer.

The properties are 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 these buildings and that the purchaser may suffer a significant loss or expense if the by-law was enforced against him.

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(c) 1998 City of Vancouver