ADMINISTRATIVE REPORT

Date: December 1, 1999
Author/Local: C. Robbins/7535
RTS No. 01169

CC File No. 2701-1

P&E: January 13, 2000

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Demolition of Nuisance/Dangerous Building at 75 North Renfrew Street

RECOMMENDATION

A. THAT Council declare that the building at 75 North Renfrew Street (Lot 2 Block 14 District Lot THSL Plan 522) 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 and remove all demolition debris from the site within 14 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 building demolished and have all demolition debris removed 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 75 North Renfrew Street in order to warn prospective purchasers that as a result of the condition of the building and Council’s Resolution, the purchaser could suffer 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.

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 multiple dwelling was constructed in 1914 with an approved occupancy of eight dwelling units. There is no heritage designation on this building. It is located in close proximity to the P.N.E. and to an adjacent park. It has been vacant since 1996. Since that time, it has not been maintained in a secure condition and there have been complaints about debris and discarded materials on the site.

On August 19, 1999, a coordinated inspection was carried out by the District Property Use Inspector and a Fire Prevention Officer. The inspection revealed that:

1. the building was open and accessible to the public
2. there was an unacceptable fire load of mattresses, clothing and other combustibles
3. there were signs that squatters had been living on the second floor
4. there were breaches in the fire separations throughout the building
5. the main and second floors have windows that face an adjacent building that in the event of a fire, could engage the adjacent building
6. due to the amount of combustibles and breaches in the floors, walls and ceilings, there was a strong possiblity of injury or death to firefighters in the event of a fire
7. there were no fire suppression systems in place
8. there was an accumulation of debris on site and the grass and weeds were overgrown

(photographs of the building and site will be provided at the Standing Committee Meeting, for Council’s review)

Because of the above, the building was certified to be in an unsafe condition pursuant to the Vancouver Building By-law and the City had it boarded-up at the owners expense. The owner was subsequently ordered to pull down and demolish the building and to cut the overgrowth of grass and weeds.

Following the order, a potential purchaser requested that a Special Inspection of the building be carried out to determine the upgrading requirements related to the Building By-law.
A copy of the special inspection report was forwarded to the property owner for his information and action.The owner was advised that he was to either submit a comprehensive application for a development and building permit to restore the building, or he was to proceed with demolition.

The owner was also advised that the previous use of the building as a multiple dwelling is non-conforming to the current C-1 District Schedule of the Zoning and Development By-law, in particular with respect to the dwelling units located on the main floor. He was advised that any future use of the building would have to conform to the present By-law regulations.

To date, there has been no applications submitted for restoration or demolition.

DISCUSSION

The neglect and deterioration of this building, the potential risk to firefighters and the presence of squatters is dangerous to public safety and detrimental to the neighbourhood.

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 and remove all demolition debris from the site.

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

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In the Matter of Sections and 324A and 336D of the

Vancouver Charter and 75 North Renfrew

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 situated at 75 North Renfrew Street, Lot 2 Block 14 District Lot THSLPlan 522 is delcared to be a nuisance and dangerous to public safety.

2. THAT the owner is hereby ordered to pull down and demolish the building and removethe resulting debris and discarded materials from the site within 14 days of the date of a copy of this Resolution being served pursuant to Section 324A of the Vancouver Charter.

3. THAT in the event the owner does not comply with the order set forth in the preceding paragraph, the City Building Inspector is hereby ordered and authorized to pull down and demolish the building and remove the resulting debris and discarded materials from thesite, at the cost of the owner and may dispose of the debris by selling to the demolition contractor any material he may agree to purchase and delivering the rest to a disposal site.

4. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title tothe property at 75 North Renfrew Street in order to warn any prospective purchasers that as a result of 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