ADMINISTRATIVE REPORT

Date: January 10, 2000
Author/Local: C. Robbins/7535
RTS No. 01216
CC File No. 2701-1
P&E Date: February 3, 2000

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Nuisance Building at 4124 West 14th Avenue

RECOMMENDATION

A. THAT Council declare that the dilapidated condition of theroof and the lack of gutters/eaves troughs at 4124 West 14^th Avenue (Lot 6 of Lot 2 Block 165 District Lot 540 Plan 4248 PID 007-058-195), is a nuisance pursuant to Section 324A of the Vancouver Charter.

B. THAT Council approve the attached Resolution and order the Registered owner of the property to provide roof drainage so as to prevent a concentrated flow of water from spilling in an uncontrolled manner onto the sidewalk between this property and the adjacent property located at 4128 West 14^th Avenue.

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 noted in Recommendation 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 4124 West 14^th Avenue 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.

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 or structure, 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 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 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 single family dwelling that was constructed in 1912. The property owner has occasionally resided on site, but primarily, the building has been vacant for almost ten years.

Since 1995, the City has received complaints about the untidy and overgrown yards and the dilapidated condition of the eaves troughs that results in rainwater spilling in an uncontrolled manner onto the sidewalk between this building and the neighbouring property. The owner has failed to comply with the City’s orders to clean up the debris and discarded materials from the site and to cut the overgrowth. As a result, the City has hired private contractors to do the work at the owner’s expense in accordance with the provisions of the Untidy Premises By-law. It should be noted that because the costs incurred were not paid, they were applied to the tax roll.

The issue of the dilapidated and/or missing gutters/eaves troughs is in violation of the Standards of Maintenance By-law and Part 7 of the Vancouver Building By-law. It creates a hazard for the neighbouring property owner due to the slippery conditions resulting from rainwater, fallen leaves and/or ice.

The City has issued several orders to the property owner over the past five years with respect to this violation. In 1996, charges were laid in Provincial Court. The owner plead guilty to the charges and was fined, however, to date, has not corrected the problem.

DISCUSSION

The City’s attempts to have the property owner comply with the requirements of the By-laws by providing proper drainage from his roof, have not been successful to date. Although he is aware of the situation and the hazard it creates for the neighbour, he is either unwilling or unable to carry out the work required to alleviate the problem.

It is therefore recommended that City Council declare the condition of the roof and the lack of gutters/eaves troughs on this building a nuisance and order the property owner to take the necessary steps to alleviate the problem.

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 Standards of Maintenance and Vancouver Building By-laws related to this building and that there is a Resolution of Council against the property.

* * * * *

In the Matter of Section 324A of the

Vancouver Charter and 4124 West 14^th Avenue

R E S O L U T I O N

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

1. THAT the dilapidated condition of the roof and the lack of gutters/eaves troughs at 4124 West 14^th Avenue, Lot 6 of Lot 2, Block 165, District Lot 540, Plan 4248, PID 007-058-195 is declared to be a nuisance.

2. THAT the owner is hereby ordered to provide roof drainage so as to prevent a concentrated flow of water from spilling in an uncontrolled manner onto the sidewalk between this property and the adjacent property at 4128 West 14^th Avenue.

3. 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 ordered and authorized to have the work noted in the preceding paragraph carried out at the expense of the owner.

4. THAT the City Clerk is directed to file a 336D Notice against the Certificate of Title to the property at 4124 West 14^th Avenue, in order to warn any prospective purchasers that as a result of this Resolution and order, the purchaser could suffer a significant expense if the order of Council were enforced against him.

(c) 1998 City of Vancouver