ADMINISTRATIVE REPORT

Date: August 31, 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 - 6875 Balaclava Street

RECOMMENDATION

THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 6875 Balaclava Street (Strata Lot 3, District Lot 194, Strata Plan VAS2866), in order to warn prospective purchasers that there is a contravention of the Zoning and Development By-law and 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 of the property in the Land Title Office

BACKGROUND

In July of 1994, the District Building Inspector observed the construction of an approximate 18' x 23' addition in progress at the above location. A Stop Work order was posted and the owners were ordered to obtain the required Development Permit and Building Permit or to remove the addition.

Because the owners failed to apply for permits and failed to remove the addition, charges were laid in Provincial Court in January of 1995. However, the owners failed to appear in Court on the prescribed date, and a Bench Warrant was issued that remained in effect until the spring of this year.

At the request of our By-law Administration Officer, the District Building Inspector reinspected the site and confirmed that the unapproved addition still exists. Consequently, a new order has been issued requiring the removal of the addition. In the event that the owners fail to comply with this recent order, the matter will be referred to our Law Department for Injunction proceedings.

DISCUSSION

Due to this ongoing By-law violation, it is recommended that a 336D Notice be filed against the title to the property to ensure that in the event the owners attempt to sell the property, any prospective purchaser is made aware that there is a contravention of the Zoning and Development and Vancouver Building 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) 1998 City of Vancouver