ADMINISTRATIVE REPORT

October 15, 1997

CCFile No. 2701-1

TO: Standing Committee on Planning and Environment

FROM:City Building Inspector

SUBJECT:Warning to Prospective Purchasers of 3412 East 45th Avenue

Lot 3 of 1, Block A, District Lot 339 NW Qtr, Plan 4308

RECOMMENDATION

THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 3412 East 45th 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 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

On July 8, 1997, the District Building Inspector observed extensive interior and exterior alterations and the enclosure of a rear deck being carried out at the above location without permit or approval in contravention of the Zoning and Development and Vancouver Building By-laws. A stop work order was posted on site and the owners were directed to apply for the required permits. To date, no application for permits have been submitted, and the Inspector advises that work has continued in violation of the stop work order.

The owners have now been ordered to remove all unauthorized work and in the event that they do not comply, the matter will be referred to the City Prosecutor for charges.

In the meantime, the Inspector also reported that the building is currently up for sale.

The filing of the 336D notice will warn any prospective purchasers that there is a violation of the Zoning and Development and Vancouver Building By-laws related to this building and that the purchaser may suffer significant loss or expense if the by-laws were enforced against him.

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(c) 1997 City of Vancouver