ADMINISTRATIVE REPORT

October 15, 1997

CCFile No. 2701-1

TO: Vancouver City Council

FROM:City Building Inspector

SUBJECT:Warning to Prospective Purchasers of 1526 Kingsway

Lot B Except Part Included in Parcel 1 of Lots 19 and 20,

Block 5, District Lot 352, Plan 3082

RECOMMENDATION

THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 1526 Kingsway 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 of Community Services RECOMMENDS approval of the foregoing.

COUNCIL POLICY

The Vancouver Charter, Section 336D, provides a mechanism whereby the City Building Inspector can warn prospective purchasers of a condition relating to land or a building or structure that he considers

(a)to be a 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.

In such instances, 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 October of 1995, the District Building Inspector observed an approximate 16 x 18 foot addition being constructed on the west side of this commercial (car wash) building without permit or approval in contravention of the Zoning and Development and Vancouver Building By-laws. The owner of this property was ordered to stop work and apply for the required Development and Building Permits. However, the owner failed to comply and was subsequently ordered to remove the addition.

A reinspection in December of 1995 revealed that the addition had not been removed. Consequently, the City Prosecutor approved charges against the owner, but because the process server has been unable to serve the owner, a bench warrant has been issued and this matter is still outstanding.

It was brought to our attention in May of this year, that another addition was being constructed to the building (650 square feet to the rear), also without permit or approval.

A stop work order was issued to the property owners in this regard, but to date, no applications for permit have been submitted. Because of the previous infraction that is still outstanding and this additional work that has been carried out, this department will be requesting that the Law Department initiate injunction proceedings to have the unauthorized additions removed. In addition, the tenant, (Final Touch Car Wash), will be advised that these unresolved issues may affect the issuance of his Business License for 1998.

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(c) 1997 City of Vancouver