ADMINISTRATIVE REPORT

Date: January 12, 1999
Author/Local: C. Robbins 7535
RTS No. 00472

CC File No. 2701-1

TO:	Standing Committee on City Services & Budgets
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers 3275 Marmion Avenue Lot 9 Block 19 District Lot 50 Plan 1820

RECOMMENDATION

That the City Clerk be directed to file a 336D Notice against the Certificate of Title to the Property at 3275 Marmion 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 November of 1995, as a result of a complaint, the District Building Inspector attended the above site and observed a two storey addition being constructed 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.

The owners proceeded to complete the work in violation of the Stop Work order and failed to apply for the required permits, consequently, they were ordered to remove the two storey rear addition. Charges were laid on this matter and in June of 1997 the owners plead guilty in Provincial Court and were fined. Subsequent to the Court appearance, the owners were again ordered to remove the unauthorized rear addition in December of 1997. In response to my order, the owners requested and were granted an extension of time in order to file and appeal to the Board of Variance requesting permission to retain the addition. The appeal was to be heard in April of 1998. However, because our records indicated that no appeal was filed, the matter was again referred to the City Prosecutor for charges. I have been advised that the process server has been unable to serve notice to the owners and that a Bench Warrant was issued on October 16, 1998 for evading service and is still outstanding.

Our inspection services report that the unauthorized two storey rear addition is still existing, consequently, I will be referring this matter to Legal Services 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