Agenda Index City of Vancouver

ADMINISTRATIVE REPORT

TO:

Standing Committee on Planning and Environment

FROM:

City Building Inspector

SUBJECT:

Nuisance Building at Rear of 1250 Rossland Avenue

 

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 upoon 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 proivdes 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

Since 1991, the owner of this single family dwelling has been issued four building permits for the construction of a detached garage at the rear of this site. Until the spring of 1999 construction had not progressed beyond the foundation stage and the permits expired in succession.

In February of 1999, this matter was brought before Council because of the accumulation and storage of large amounts of new and used building materials and other miscellaneous items at the rear of the site. Many of the materials had been exposed to the elements and were no longer salvageable. There were many complaints from the neighbourhood about the unsightly condition of the property and the owner had been charged in Provincial Court on three separate occasions.

Because of the foregoing, City Council declared the condition of the property a nuisance and ordered the property owner to remove the new and used building materials from the site. However, instead of complying with the resolution of Council, the owner obtained another building permit in March of 1999, to complete the construction of the garage.

A reinspection in January of this year revealed that construction had again stopped. The garage has been framed and sheathing and roofing applied, but the exterior cladding has not been installed. The owner was directed to complete the exterior cladding of the garage.

To date, we have had no response from the owner, nor has he completed the work.

The building in its present state is an eyesore, is exposed to the elements and subject to deterioration. It is in violation of the Vancouver Building and Standards of Maintenance By-laws.

DISCUSSION

The City's attempts to have the property owner complete the construction of this garage have not been successful. Although he has been advised of the City's concerns, he is either unwilling or unable to complete the work.

It is therefore recommended that City Council declare the condition of the unfinished garage at the rear of the property a nuisance and order the property owner to complete the exterior cladding.

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 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 1250 Rossland 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 unfinished condition of the exterior of the garage under construction at the rear of the property at 1250 Rossland Avenue, Lot 5 Except the East 4.25 feet now lane, Block 3, southeast l/4 of Section 23, THSL, Plan 4819, PID 011-325-119, is declared to be a nuisance 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, Council further orders and hereby authorizes the City Building Inspector to have the work (including replacement of any deteriorated sheathing if required) 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 1250 Rossland 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

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