ADMINISTRATIVE REPORT

Date: October 15, 1998
Author/Local: C. Robbins/7535
RTS No. 00172

CC File No. 2701-1

TO:	Standing Committee on City Services & Budgets
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers 83 East 22nd Avenue Lot 24, Block 4, District Lot 629, Plan 483

RECOMMENDATION

THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property 83 East 22nd Avenue in order to warn prospective purchasers that there is a contravention of the Zoning and Development and Vancouver Building By-law 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 building structure.

Subject: Warning to Prospective Purchasers of 83 East 22nd Avenue

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 regulations 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

The approved occupancy of this building is a two family dwelling.

In February of this year, the District Building Inspector observed that the exterior of the building at the above location had been altered and that a new deck addition had been constructed at the rear without permit or approval in contravention of the Zoning and Development and Vancouver Building By-laws.

The owners of the property were directed to make application for permit.

Because the inspector was unable to gain access to the building in order to carry out a reinspection, the owners were ordered to provide access. However, the owners failed to comply with the order and charges were laid in Provincial Court.

The charges were subsequently withdrawn in September as the inspector was provided access to the building by the agent for the owner.

The inspection revealed that there has been extensive alterations to the interior of the building including new plumbing and electrical works. In addition, it was noted that there is an additional dwelling unit in the basement that was installed without permit or approval.

The owners will be directed to either obtain the required permits for the alterations carried out and the additional dwelling unit or to remove the work and restore the building to its approved occupancy as a two family dwelling.

However, it has come to our attention that the owner of the property is currently out of the country, consequently, in the event that the owner fails to comply with our order, enforcement at the Provincial Court level may not be viable at this time.

Although the property is not presently listed for sale, the filing of a 336D Notice will ensure that in the event that the owner opts to sell, any prospective purchaser is made aware that there are violations of the Zoning and Development and Vancouver Building By-laws related to this building.

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(c) 1998 City of Vancouver