Agenda Index City of Vancouver

ADMINISTRATIVE REPORT

TO:

Standing Committee on City Services and Budgets

FROM:

City Building Inspector

SUBJECT:

Nuisance/Dangerous Building at Rear of 2702 Kitchener Street

 

RECOMMENDATION

GENERAL MANAGER’S COMMENTS

COUNCIL POLICY

Section 324A of the Vancouver Charter enables Council by resolution or By-law to declare any building or structure, in or upon any private or public lands a nuisance or dangerous to public safety or health and by such by-law or resolution, to order that the building or structure be removed, pulled down, or otherwise dealt with by the owner, agent, leasee or occupier thereof, as Council may determine.

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 prospective 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 an unfinished garage structure located at the rear of this single family dwelling. Construction started in June of 1993 without permit or approval and to date has not been completed. The sheathing, framing and roofing have only been partially completed and the structure is leaning and in danger of collapse.

The registered owners have been issued an order pursuant to the Vancouver Building By-law requiring demolition, however, to date, we have received no response from them nor have they demolished the structure.

DISCUSSION

The District Building Inspector reports that this unfinished structure is not structurally sound and is in danger of collapse. It is located adjacent to the City lane and is dangerous to public safety.

The City’s attempts to have the property owner comply have not been successful. Although they have been advised of the City’s concerns, they are either unwilling or unable to comply.

It is therefore recommended that City Council declare the condition of the unfinished garage at the rear of the property a nuisance and dangerous to public safety and order the property owners to pull down and demolish the structure.

Although the building is not currently listed for sale, it is further recommended that a 336D Notice be filed against the Title to the property in order to warn any prospective purchasers that there are violations of the City’s Building and Standards of Maintenance By-laws related to the rear garage and that there is a Resolution of Council against the property.

- - - - -

In the Matter of Section 324A of the

Vancouver Charter and 2702 Kitchener Street

R E S O L U T I O N

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

1. THAT the condition of the unfinished garage under at the rear of the property at 2702 Kitchener Street, Lot 1, Block 38, Plan 3672, District Lot Sec. 32 THSL, PID 009-225-684, is declared to be a nuisance and dangerous to public safety pursuant to Section 324A of the Vancouver Charter

3. THAT in the event that the owners do not comply with the order set forth in the preceding paragraph, Council further orders and hereby authorizes the City Building Inspector to have the work carried out at the expense of the owners

4. THAT the City Clerk is directed to file a 336D Notice against the Certificate of Title to the property at 2702 Kitchener Street, in order to warn prospective purchasers that as a result of Council’s Resolution, the purchaser could suffer significant expense if the order of Council were enforced against him

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cs000914.htm

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