ADMINISTRATIVE REPORT Date: May 29, 1995 File No. 55SWMARI TO: Vancouver City Council FROM: City Building Inspector SUBJECT: Warning to Prospective Purchasers of 55 S.W. Marine Drive RECOMMENDATION THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 55 S.W. Marine Drive in order to warn prospective purchasers that: (a) the property has had ongoing violations pertaining to the Untidy and Standards of Maintenance By-laws. (b) the owner of the property has been put on notice that the Building Permit for this property will expire on June 15, 1995 unless certain conditions have been met. and (c) Upon expiry of the Building Permit, the Director of Permit and Licenses will request that City Council declare the building a nuisance pursuant to 324A of the Vancouver Charter and require that the owner demolish the 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 contravention of a By-law or regulation 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. DISCUSSION This one-family dwelling has been vacant since July of 1991. Since that time, this Department has received numerous complaints regarding the unsightly appearance of the dwelling, debris, discarded materials on site as well as the building being open and accessible to the public. Our records indicate that the owners gutted the interior of the dwelling, and subsequently obtained Building Permit No. BP812618 on July 6, 1994 for alterations and an addition. However, no work has progressed. Because of the foregoing, the owner was directed to commence active construction or the permit would expire. His solicitor responded by requesting an extension of time for his client to commence construction. The City responded with a deadline of June 15, 1995 requiring a detailed construction schedule, name of contractor and a guarantee from the owner that the site will be maintained in a satisfactory condition. However, it has since come to our attention that the owner has listed the property for sale. The filing of a 336D notice will ensure that any prospective purchaser is made aware that there are violations of the by-laws with respect to this property, there will likely be no valid Building Permit as of June 15, 1995 and the building may be declared a nuisance and be ordered demolished. * * *