ADMINISTRATIVE REPORT Date: January 15, 1996 File No. 1825W37T TO: Vancouver City Council FROM: City Building Inspector SUBJECT: Warning to Prospective Purchasers 1825 West 37th Avenue RECOMMENDATION THAT the City Clerk be directed to file a 336D Notice Against the Certificate of Title to the property at 1825 West 37th Avenue 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. GENERAL MANAGER'S COMMENTS The General Manager, 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 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 In 1991, the District Building Inspector reported that the rear deck at the above location had been roofed over and enclosed without permit or approval. A subsequent application for permit and an appeal to the Board of Variance were refused and the owner was ordered to remove the work. Because the owner failed to comply, she was charged and found guilty in Provincial Court in -2- May of 1992. Despite the finding, the owner has still not removed the unapproved enclosure. It has been further reported that a 7' wooden walkway with overhead trellis has since been added and the northwest portion of the carport has been enclosed, also without permit or approval. Orders have been issued requiring removal of this work. The Law Department advises that injunction proceedings are underway. The filing of a 336D notice will ensure that 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. * * * * *