ADMINISTRATIVE REPORT Date: April 30, 1996 File No. 3638PINE TO: Vancouver City Council FROM: City Building Inspector SUBJECT: Warning to Prospective Purchasers - 3638 and 3650 Pine Crescent RECOMMENDATION THAT the City Clerk be directed to file a 336D Notice Against the Certificate of Title to the properties at 3638 and 3650 Pine Crescent in order to warn prospective purchasers that there is a contravention of the Subdivision By-law related to these properties. 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 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 that purchaser; 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 titles of the properties in the Land Title office. DISCUSSION Mr. & Mrs. McLennan originally lived in a house which was located on a lot called Lot 1, Block 35, District Lot 526, having a civic address of 3638 Pine Crescent in Vancouver. That lot was located at the corner of Pine Crescent and Hosmer Avenue. In 1976, the McLennans applied to subdivide Lot 1 into two lots. Subdivision approval was granted subject to certain conditions which included the installation of a new Y branch connection for the sewer and a new house connection to serve the existing dwelling. The reason for that condition was that once the lot was divided into Lots A and B the McLennan's house remained on Lot B but its sewer connection ran through Lot A to Pine Crescent. The appropriate sewer connection for the McLennan's house should have been on Hosmer Avenue. The matter remained in abeyance for some years. It was not until 1995 when some sewer work took place on Hosmer Avenue right outside the McLennan's property, that Mr. McLennan phoned the City to ask whether or not the sewer connection had ever been installed. The appropriate connection was then installed on Hosmer Street for the property. On October 30, 1995, a letter went to Mr. and Mrs. McLennan advising that the new sewer connection had gone in and requesting that they relocate the building sewer from their premises to the newly installed connection. Mr. McLennan subsequently advised the Sewer Design Department that he had no intention of completing this work in the near future. The concern of the City is our potential liability in the event that either property is sold. It is quite conceivable that somebody would purchase Lot A in order to build on that lot, begin excavation and rip out the sewer connection for Lot B unless there is some sort of warning placed on title to alert the purchaser of that property to the problem. In addition, a potential purchaser of the house on Lot B would be unaware of the fact that they are going to have to replace the private sewer connection at some point. The Law Department advises that they are in the process of pursuing compliance on this issue. However, in the interim, the filing of a 336D Notice will ensure that any prospective purchaser is aware that there is a violation of the Subdivision By-law related to these properties and that the purchaser may suffer a significant expense if the By-law were enforced against that purchaser. * * * * *