ADMINISTRATIVE REPORT

Date: January 12, 1999
Author/Local: C. Robbins 7535
RTS No. 0466

CC File No. 2701-1

TO:	Standing Committee on City Services & Budgets
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers 3287 East 26th Avenue Lot 4 Block 1 District Lot Section 49 SE Qtr, THSL

RECOMMENDATION

That the City Clerk be directed to file a 336D Notice against the Certificate of Title to the Property at 3287 East 26th 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.

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.

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 safety of buildings or structures; or

(b) as a result of that condition, a building or structure is unsafe or 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

In April of 1995, as a result of a complaint, the District Building Inspector attended that above site and observed an approximate 13 x 15 foot second storey addition being constructed on top of an existing deck at the rear of this single family dwelling, 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 make application for the required permits.

Because no application for permits was submitted, the owners of the property were ordered to remove the unauthorized addition in April of 1996. However, the owners failed to comply with the order, charges were laid and a trial date was set for March of 1997. The owners plead guilty in Provincial Court and were fined. Subsequent to the Court appearance, the owners were again ordered in March of 1997 to remove the addition.

Because a reinspection confirmed that the unauthorized addition was not removed as ordered, charges were laid again in August of 1997. However, the process server was unable to serve notice on the owners, consequently, a Bench Warrant was issued on November 25, 1997 for evading service and is still outstanding.

Our Inspection services report that the unauthorized addition is still existing, consequently, I will be referring this matter to the Law Department requesting that they pursue an Injunction to have this unauthorized work removed.

Although the property is not currently listed for sale, it is recommended that a 336D Notice be filed against the title to the property so that in the event that the owners decide to sell, any prospective purchaser will be warned 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