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336D Note On Title About Building That Is Unsafe Or Contravenes By-law

In This Volume

  • 336D (1) Where, during the course of carrying out his duties, the City Building Inspector observes a condition, with respect to land or a building or structure, that he considers
  • (a) to be a contravention of a by-law or regulation 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 usable 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-law were enforced against him
  • he may, in addition to any other action that he is authorized or permitted to take, recommend to Council that a resolution under subsection (2) be considered.
  • (2) A recommendation under subsection (1) shall be given to the City Clerk in writing and the City Clerk shall, after notifying the registered owner of the land with respect to which the recommendation relates, place the matter before the Council. After hearing the City Building Inspector and the owner, if he elects to be heard, the Council may confirm the recommendation of the City Building Inspector and may pass a resolution directing the City Clerk to file a notice in the land title office stating that
  • (a) a resolution relating to that land has been made under this section, and
  • (b) further information respecting it may be inspected at the offices of the City Clerk and the City Clerk shall ensure that all records are available for that purpose.
  • (3) Where the Registrar of Land Titles receives a notice under subsection (2) he shall, on payment of the fees payable under the Land Title Act, make a note of the filing against the title to the land that is affected by the notice.
  • (4) The City Clerk shall, on receiving a report from a building inspector that the condition that gave rise to the filing of the notice under subsection (2) has been rectified, file a cancellation notice in the land title office, and the Registrar shall, on receiving the notice, cancel the note against the title to which it is related.
  • (5) In the event of any omission, mistake or misfeasance by the Registrar or his employees in relation to the making of a note of the filing under subsection (3) after the notice is received by the land title office
  • (a) the Registrar is not and neither the Crown nor the Land Title and Survey Authority of British Columbia is liable vicariously,
  • (a.1) the assurance fund or the Land Title and Survey Authority of British Columbia as a nominal defendant is not liable under Part 19.1 of the Land Title Act, and
  • (b) the assurance fund or the minister charged with the administration of the Land Title Act as a nominal defendant is not liable under Part 20 of the Land Title Act.
  • (6) An owner of land with respect to which a notice has been filed under this section may apply to the Council for a resolution that the note be cancelled, and the Council may, after considering the application, pass a resolution directing the City Clerk to file a cancellation notice.
  • (7) Where a resolution has been passed under subsection (6), the City Clerk shall file a cancellation notice in the land title office and the Registrar shall, on receiving the notice, cancel the note against the title to which it is related.
  • (8) Where the Council does not pass a resolution under subsection (6), the owner may apply to the Supreme Court and notify the city to attend before the Court to show cause why the note should not be cancelled, and the Court may, after reviewing any evidence that the owner and city may adduce, make an order directing the Registrar to cancel the note made under subsection (3) and the Registrar shall, on receiving the order, cancel the note accordingly.
  • (9) The note of a filing of a notice under this section is extinguished when a new title to the land issues in consequence of the deposit of a plan of subdivision or a strata plan.

1987‑52-28; 2004-66-165, effective January 20, 2005 (B.C. Reg. 16/2005).

FORMS

On the Form 17 Charge, Notation or Filing, select Nature of Interest, Municipal Government Notice, and attach an image of the original Notice of Bylaw Contravention.

To file a release, on the Form 17 Cancellation of Charge, Notation or Filing, select Nature of Interest, Municipal Government Notice, and attach an image of the original Notice of Cancellation or, where applicable, the court order.