ADMINISTRATIVE REPORT

Date: July 12, 2001
Author/Local: K Morgan/7760

RTS No. 02136

CC File No. 2701

P&E: August 2, 2001

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers of 3495 Archimedes Street

RECOMMENDATION

A. THAT the City Clerk be directed to file a 336D Notice against the title to the property at 3495 Archimedes Street (Lot 3 of 1, Block 55, District Lot 37, Plan 8275) in order to warn prospective purchasers that there are contraventions of the Zoning and Development, Vancouver Building and Electrical By-laws related to this building.

B. THAT the Director of Legal Services is hereby authorized, in her discretion, to commence a legal action or proceeding in relation to the premises located at 3495 Archimedes Street and may, in her discretion, seek injunctive relief in that action or proceeding, in order to bring this building into compliance with City By-laws.

GENERAL MANAGER'S COMMENTS

The General Manager of Community Services RECOMMENDS approval of the foregoing.

COUNCIL POLICY

Section 336D of the Vancouver Charter 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. It provides that if the City Building Inspector observes acondition that he considers to be a contravention of a by-law relating to the construction or safety of buildings; or as a result of that condition, a building or structure is unsafe or unlikely to be usable for its expected purpose; or is of a nature that a purchaser unaware of the contravention, would suffer a significant loss or expense if the by-law were enforced against him, he may recommend to City Council that a resolution be considered directing the City Clerk to file a notice against the Title to the property in the Land Title Office. Sections 334 and 571 of the Vancouver Charter allow the City to seek injunctive relief for any By-law contravention.

BACKGROUND

The existing building at 3495 Archimedes Street is approved as a one family dwelling and is located in an RS-1S District. The building was constructed in 1953.

The District Building Inspector reported in September of 1994 that the existing deck at the rear of the building was being enclosed and roofed over without permits or approval in contravention of the Zoning and Development and Vancouver Building By-laws. A stop work order was sent to the owners on September 9, 1994 to stop work immediately and to make application for the required permits when the labour dispute was settled. A reinspection indicated that the unapproved work still existed with no application for permits being submitted. Orders were sent to the owners on March 7, 1996 and January 21, 1997. No applications for permit have been submitted to date.

As a result of a complaint, the District Electrical Inspector reported in October of 1996 that there were numerous deficiencies of the Electrical By-law. The owners were notified to have a licensed contractor obtain the required Electrical Permit and correct the deficiences. As the required permit was not obtained, an order was sent to the owners on February 27, 1997. To date, an Electrical Permit has not been obtained.

As the inspections of the electrical systems revealed that there were unapproved suites in the building, the District Property Use Inspector attended the site and noted that there were three (3) dwelling units. A letter was sent to the owners in December of 1996, advising that they could make application to retain one suite in the basement under the Secondary Suite Program. No applications were submitted and a reinspection indicated that the basement was still occupied. An order was sent to the owners on March 6, 1997 to discontinue the use of the basement as separate living quarters, remove the cooking facilities and restore the use of the building to a one family dwelling.

As the owners failed to comply with our requests to provide access, charges were laid in Provincial Court. The owner plead guilty and was fined $300.00. The owner appealed to Supreme Court and lost the appeal.

An inspection in April of 2000 indicated that there appeared to be at least two (2) unapproved suites on the lower floor, one (1) unapproved suite on the upper floor and evidence of unapproved living quarters in the enclosed carport for a total of four (4) unapproved suites on the property. The following By-law violations were also noted:

Untidy Premises By-law: debris in the rear and east side yards

Standards of Maintenance By-law: deficiencies in the upper floor suites

Zoning and Development and Vancouver Building By-law: access between units blocked off, stairs to lower floor removed, rear deck enclosed and altered to make two decks, stairs added to east deck, wood framing added to east deck, carport enclosed, vehicular access to garage blocked off with a fence.

The owners were notified in June, 2001 that a coordinated inspection was scheduled for July 11, 2001. The owners were not present but tenants allowed access to portions of the building. Access was gained to three suites: the west side of the upper floor, the east side of the lower floor and the enclosed carport. No access was gained to the suite on the west side of the lower floor, but a kitchen could be seen through a window. No access was gained to the east side of the upper floor. Numerous violations of the Electrical By-law were observed. The Zoning and Development and Vancouver Building By-law violations that were noted in April of 2000 still exist.

Although the property is not currently listed for sale, it is recommended that a 336D Notice be filed against the title to the property so that any prospective purchasers will be warned that there are violations of the Zoning and Development, Vancouver Building and Electrical By-laws related to this building. Subject to Council approval, I will be referring this matter to the Director of Legal Services to request that she commence legal action or an injunction if, in her opinion, it is appropriate to do so.

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(c) 1998 City of Vancouver