ADMINISTRATIVE REPORT

Date: January 13, 1999
Author/Local: C. Robbins 7535
RTS No. 00482

CC File No.2701-1

TO:	Standing Committee on City Services & Budgets
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers 730 East 20th Avenue Lot 6 W HLF Block 43 District Lot 301 Plan 187

RECOMMENDATION

That the City Clerk be directed to file a 336D Notice against the Certificate of Title to the Property at 730 East 20th 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 October of 1996, the District Building Inspector reported that an approximate l0 x 16 foot deck/carport addition had been constructed at the rear of this single family dwelling with a phase-out suite, without permit or approval in contravention of the Zoning and Development and Vancouver Building By-laws. The owners of the property were directed to obtain the required permits or remove the addition. Because no application for permit was submitted, the owners were ordered to remove the deck/carport addition in November of 1996. Subsequent to my order, the owners requested and were granted an extension of time in order to apply for permits. A review of the records in January of 1998 revealed that no application for permit had been submitted and therefore, a new order was issued requiring removal of the addition.

Because the owners failed to comply with the order, the matter was referred to the City Prosecutor for charges in May of 1998. The department was subsequently advised by the Prosecutor that the process server was unable to serve the owner and that a Bench Warrant was issued on July 29, 1998 for evading service, and is still outstanding.

Our inspection services report that the unauthorized deck/carport 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