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.

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