ADMINISTRATIVE REPORT

Date: August 18, 2000
Author/Local: C .Robbins 873-7535

RTS No. 01666

CC File No. 2701-1

CS&B: September 14, 2000

TO:	Standing Committee on City Services and Budgets
FROM:	City Building Inspector
SUBJECT:	Demolition of Nuisance/Dangerous Building at 1730 East 5th Avenue

RECOMMENDATION

A. THAT Council declare that the building at 1730 East 5th Avenue, Lot 32 of 2 of C, Block 146, District Lot 264A, Plans 722 & 1771 PID 015-164-438 is a nuisance and dangerous to public safety pursuant to Section 324A of the Vancouver Charter

B. THAT Council approve the attached Resolution and order the Registered

owner of the property to demolish the building, remove the resulting demolition debris and discarded materials from the site and provide a chain-link fence around the perimeter of the property within 30 days of a copy of the Resolution being served pursuant to Section 324A of the Vancouver Charter

C. THAT in the event of the failure of the owner to comply with the order of

Council, Council further orders and hereby authorizes the City Building
Inspector to have the work outlined in paragraph B above carried out at the expense of the owner

D. THAT the City Clerk be directed to file a 336D Notice against the Certificate

of Title to the property at 1730 East 5th Avenue, in order to warn any
prospective purchasers that as a result of the condition of the building and
Council’s Resolution, the purchaser could suffer a significant expense if the
order of Council were enforced against him.

COMMENTS

The General Manager of Community Services RECOMMENDS approval of the
foregoing

POLICY

Section 324A of the Vancouver Charter enables Council by resolution or by-law to declare any building, in or upon any private or public lands a nuisance or dangerous to the public safety or health and by such by-law or resolution, to order that building to be removed by the owner, agent, leasee or occupier thereof

Section 336D of the Vancouver Charter provides a mechanism whereby the City of Vancouver can warn prospective purchasers of contraventions of City By-laws relating to land or a building or structure. It provides that if the City Building Inspector observes a condition that he considers 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 recommend to City Council that a resolution be considered directing the City Clerk to file a notice against the Title to the property in the Land Title Office.

BACKGROUND

This is a multiple conversion dwelling approved for three (3) dwelling units that was constructed in 1911. It is located in an RT-5 Two Family Dwelling District.

The Community Police Office advises that they have received numerous complaints from neighbouring residents about the activities of the tenants in this building and Police personnel have responded to several calls at this address.

At the request of the Community Police office, a coordinated inspection of the building was carried out by the District Inspectors. The inspection revealed that the building had been altered and was being occupied as eight (8) separate units without permit or approval. The inspection revealed that there were livability and life safety deficiencies throughout the building including but not limited to the following:

1. there is no sprinkler system
2. the fire alarm system was inoperable
3. smoke alarms were inadequate
4. the rear stairs and rear addition were rotten and in danger of collapse
5. there were holes in the interior walls
6. floors in the bathroom were rotten and sagging
7. light fixtures were hanging from the ceilings
8. fuses in the electrical panel were oversized
9. there were unapproved fixtures throughout the building
10. there were signs of water damage throughout the building
11. there were rodent droppings observed

Because of the above, the building was certified to be in an unsafe condition and the owner of the property was ordered to have the building vacated by August 8, 2000.

Following issuance of the order, City staff together with a Public Health nurse, found new accommodation for one of the tenants who is a senior citizen.

DISCUSSION

In its present dilapidated and unsafe condition and without any management or control being exercised by the property owner, the building is detrimental to the neighbourhood. It is in violation of the Vancouver Building, Electrical and Standards of Maintenance By-laws and the Provincial Gas Safety Act & Regulations.

It is therefore recommended that City Council declare the building a nuisance and dangerous to public safety and order the owner to demolish the building, remove all demolition debris and provide a chain-link fence around the perimeter of the property to prevent trespass and/or dumping.

In addition, it is recommended that a 336D Notice be filed against the Certificate of Title to the property in order to warn prospective purchasers of Council’s Resolution.

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R E S O L U T I O N

Be it resolved by the Council of the City of Vancouver:

1. THAT the building and site situated at 1730 East 5^th Avenue, Lot 32 of 2 of C, Block 146, District Lot 264A, Plans 722 & 1771 PID 015-164-438 is a nuisance and dangerous to public safety pursuant to Section 324A of the Vancouver Charter

2. THAT the owner is hereby ordered to demolish the building, remove the resulting demolition debris and discarded materials from the site and provide a chain-link fence around the perimeter of the property within 30 days of a copy of the Resolution being served pursuant to Section 324A of the Vancouver Charter

C. THAT in the event that the owner does not comply with the order set forth

in the preceding paragraph, the City Building Inspector is hereby authorized

to have the work outlined in the preceding paragraph carried out at the

expense of the owner. The City Building Inspector may dispose of any resulting debris by selling to the contractor any material he may agree to purchase and delivering the rest to a disposal site.

D. THAT the City Clerk be directed to file a 336D Notice against the Certificate

of Title to the property at 1730 East 5th Avenue, in order to warn any
prospective purchasers that as a result of the condition of the building and
Council’s Resolution, the purchaser could suffer a significant expense if the
order of Council were enforced against him.

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(c) 1998 City of Vancouver