ADMINISTRATIVE REPORT

Date: October 14, 1998
Author/Local: C. Robbins/7535
RTS No. 00170
CC File No. 2701-1

TO:	Standing Committee on City Services & Budgets
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers 498 East 19th Avenue Lot 4, Block 51, District Lot 301, Plan LMP 31879

RECOMMENDATION

THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property 498 East 19th Avenue in order to warn prospective purchasers that there is a contravention of the 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 a building or structure.

Subject: Warning to Prospective Purchasers of 498 East 19th 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

BACKGROUND

This property contains a single family dwelling that was recently constructed under permit. The building is situated in a location of known instability. In such locations the outright prescriptive foundation design requirements of the Vancouver Building By-law (Part 9) are not applicable. Accordingly, in these circumstances it is required that the owner obtain the services of the Professional Design Engineer to structurally design the foundation based on a geotechnical soils report for the site and Part 4 of the By-law.

DISCUSSION

A site visit by the District Building Inspector in March of this year revealed that the building was leaning approximately 2", indicating apparent foundation failure. The inspector, therefore, requested that the owners of the property obtain the services of a Professional Engineer to investigate the cause of the leaning and recommend remedial repairs to correct the situation.

Attached in Appendix "A" are copies of the correspondence between the City, the owners and their Solicitor and the Solicitor for the builder.

As a result of the City's actions, the owners retained Mr. P.S. Saunderson, P.Eng of SomerestEngineering Group and the builder retained Mr. Trevor E. Finch, P. Eng of Tricon Engineering Inc. Attached in Appendix "B" are copies of the reports submitted to the City by these Engineers.

The reports submitted indicate that repair work is not warranted at this time. However, Mr. Saunderson of Somerset Engineering Group recommends that a repeat survey of the slab levels be carried out at six (6) month intervals to monitor any further differential settlement. The owners of the property have been notified that the property must be re-surveyed in six (6) months and that a copy of their Engineer's report must be submitted to my attention no later than May 1, 1999.

This property is not currently listed for sale. However, because of the above, it is recommended that 336D Notice be filed against the title to the property, so that in the event that the owners decide to sell the property, any prospective purchaser will be warned of this outstanding requirement.

ATTACHMENTS THAT DO NOT HAVE ELECTRONIC COPY ARE AVAILABLE ON FILE IN THE CITY CLERK'S OFFICE

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(c) 1998 City of Vancouver