ADMINISTRATIVE REPORT

Date: June 28, 2000
Author/Local: C .Robbins 873-7535

RTS No. 01597

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 3526 East Georgia Street

RECOMMENDATION

A. THAT Council declare that the building and site at 3526 East Georgia Street, Lot 4 Except the South 8 Feet Now Lane, of the South l/2 of Lot 88, THSL Plan 2813, PID 007-679-068 are 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 3526 East Georgia Street, 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.

GENERAL MANAGER'S COMMENTS

The General Manager of Community Services RECOMMENDS approval of the
foregoing

COUNCIL 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 vacant single family dwelling that was constructed in 1930. It is located in an RS-1S One Family Dwelling District.

In October of 1999, our Inspection Services received a complaint from a tenant who was in the process of moving out of the building because of its poor condition. An inspection by the District Building Inspector revealed that the building was in a dilapidated and unsafe condition. The front and rear porch and stairs and the roof over the porch were decayed. The base walls in the building and portions of the main floor structure show signs of deterioration and decay.

As a result, a DO NOT OCCUPY notice was posted on the building. The property owners were notified that the building could not be re-occupied until it had been inspected by a structural engineer and until remedial repairs had been carried out under permit. The owners were further advised that because of the dilapidated condition of the building, the City was prepared to issue a permit to allow demolition of the building.

Since our order of October 1999, the ownership has changed. A new owner took possession of the property in January 2000.

A recheck of the property by the District Property Use Inspector revealed that it was in violation of the Untidy Premises By-law. An order was issued requiring the removal of discarded materials and rubbish. The owner failed to comply with the City’s order and the work was carried out by a private contractor at the owner’s expense.

In addition to the above, it came to our attention that the building was open and accessible to squatters, as a result the City had to have the building boarded-up on two occasions at the expense of the owner. Our records indicate that the owner failed to pay the clean up and board-up charges and consequently, these charges have been applied against the taxes for the property.

The grass and weeds on the property are again overgrown and there is debris, garbage and discarded materials on the site. As a result, a new order has been issued to the owner requiring that the site be cleaned and the overgrowth cut.

DISCUSSION

In its present dilapidated, unsafe and untidy condition, and without any management or control being exercised by the property owner, the building and site are detrimental to the neighbourhood. The building and property are in violation of the Vancouver Building, Standards of Maintenance and Untidy Premises By-laws.

It is therefore recommended that City Council declare the building and site a nuisance 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 3526 East Georgia Street, Lot 4

Except the South 8 Feet Now Lane, of the South l/2 of Lot 88, THSL, Plan 2813, PID 007-679-068 are 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 3526 East Georgia Street, 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