Agenda Index City of Vancouver

ADMINISTRATIVE REPORT

TO:

Standing Committee on Planning and Environment

FROM:

City Building Inspector

SUBJECT:

Demolition of Nuisance/Dangerous Building at 5092 Hoy 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, 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 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 prospective purchaser, unaware of the contravention, would suffer a significant 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 Certificate of Title to the property in the Land Title office.

BACKGROUND

This is a vacant, single family dwelling that was constructed in 1948. It is located in an RT-4A Two Family Dwelling District.

A review of our records for this property indicates that the building has been vacant for several years. Since that time, the City has received several complaints from neighbouring residents about the unsightly condition of the property and the fact that the building has been open, accessible to transients and in danger of being set on fire. Several orders have been issued to the property owner requiring that the building be boarded-up, that the overgrown grass and weeds on the site be cut and that the accumulation of garbage and debris be removed from the site.

Because the owner failed to comply with the City’s orders, the work was done by a private contractor at the owners expense. The resulting charges were applied to the real tax roll.

We have been advised by the Property Tax Department that the land was sold for taxes on November 10, 1999.

DISCUSSION

In its present state and without any management or control being exercised by the property owner, the building is a nuisance and detrimental to the neighbourhood. It is in violation of the Vancouver Building, Standards of Maintenance and Untidy Premises By-laws. The District Property Use Inspector advises that the neighbour is currently monitoring the security of the building but there are concerns that because of the large rear yard, neighbouring children are attracted to the site and building.

It is therefore recommended that City Council declare the building 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 to warn any prospective purchasers of Council’s Resolution.

_ _ _ _ _

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

Vancouver Charter and 5092 Hoy 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 building situated at 5092 Hoy Street, Lot 16, Blocks 62 and 111, District Lots 36 and 51, Plan 7708, PID 010-365-150 is declared to be a nuisance and dangerous to public safety.

2. THAT the owner is hereby ordered to pull down and demolish the building and 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 this Resolution being served pursuant to Section 324A of the Vancouver Charter.

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 pull down and demolish the building, remove the resulting demolition debris and discarded materials and provide a chain-link fence around the perimeter of the property, at the cost of the owner. The City Building Inspector 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 to the property at 5092 Hoy Street, in order to warn any prospective purchasers that as a result of Council’s Resolution and the violations of the Vancouver Building, Standards of Maintenance and Untidy Premises By-laws, the purchaser could suffer a significant expense if the by-law and/or order of Council were enforced against him.

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