ADMINISTRATIVE REPORT

Date: February 22, 1999
Author/Local:C. Robbins/7535

RTS No. 0551

CC File No. 2701-1

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers - 1245 East 62nd Avenue

RECOMMENDATION

A. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 1245 East 62nd Avenue (Lot 16, Blocks 9, 12 & 13, Plan 3534, District Lot 200), 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.

B. THAT the Director of Legal Services be instructed to commence injunctive proceedings to obtain compliance with City By-laws at this address.

GENERAL MANAGER'S COMMENTS

The General Manager of Community Services RECOMMENDS approval of A and B.

COUNCIL POLICY

The Vancouver Charter, Section 336D provides a mechanism whereby the City of Vancouver can warn prospective purchasers of contraventions 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 safety of buildings or structures; or

(b) as a result of that condition, a building or structure is unsafe or 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 October of 1992, as a result of a complaint, the District Building Inspector attended the above site and observed the construction of an approximate 16' x 16' rear addition and the enclosure of the front porch being carried out without permit or approval in contravention of the Zoning and Development and Vancouver Building By-laws. A stop work order was posted on the building at that time and the owners were directed to obtain the required development permit and building permit.

A subsequent application for development permit (DE214982) was refused by the Director of Planning. However, an appeal to the Board of Variance in April of 1993 was approved and the Development Permit was issued. The owners of the property were then directed to obtain the required building permit.

The owners failed to apply for a building permit, consequently Development Permit DE214982 was considered null and void and the owners were again ordered to remove the unauthorized work.

The records indicate that the owner of the property has been charged and has appeared in Provincial Court twice on this issue. On both occasions, the owner plead guilty and was fined. However, to date, the unauthorized front enclosure and rear addition still exists.

Subject to Council approval, this matter will be referred to Legal Services for Injunctive proceedings to bring the building into compliance with the relevant By-laws.

Although the property is not presently listed for sale, it is recommended that a 336D Notice
be filed against the title to the property so that in the event that the owners decide to sell, any prospective purchaser will be warned that there are violations of the Zoning and Development and Vancouver Building By-laws related to this building.

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(c) 1998 City of Vancouver