ADMINISTRATIVE REPORT

Date: June 29, 2000
Author/Local: C. Robbins/873-7535
RTS No. 01599
CC File No. 2701-1

P&E: July 27, 2000

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Nuisance Property at 7060 Quebec Street

RECOMMENDATION

A. THAT Council declare that the condition of the property at 7060 Quebec Street, Lot C, Block 3, Plan 8469, District Lot 655 W Hlf, PID 010-057-293 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 remove the debris, miscellaneous items, used building materials, dismantled vehicles, furniture and bicycles within 30 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 work noted in Recommendation B above, carried out at the expense of the owner.

D. THAT in the event that the owner fails to allow the City Building Inspector and/or his designate access to the site to carry out the work as outlined in Recommendation C above, the Director of Legal Services is hereby authorized, in her discretion, to commence a legal action or proceeding in relation to the premises located at 7060 Quebec Street and may, in her discretion, seek injunctive relief in that action or proceeding, in order to bring this site into compliance with City By-laws.

E. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 7060 Quebec 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

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 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

This is a single family dwelling that is occupied by the property owner and her son.

A review of our records for this property revealed that there has is an extensive history of violations with respect to the Standards of Maintenance and Untidy Premises By-law.
Since as early as 1984, the City has been receiving complaints from neighbouring property owners concerning the large accumulation of debris, discarded materials, dismantled vehicles and miscellaneous building materials stored on the site.

Many orders have been issued to the property owner and charges were laid in Provincial Court.

In December of 1993, City Council passed a Resolution pursuant to the Standards of Maintenance By-law, ordering the property owner to have the site cleaned up. Because the owner failed to comply, the City arranged for a private contractor to have the work done. However, the contractor was denied access to the site by the owners son who set up a barricade and verbally threatened City staff.

To date, the property is still in an unsightly condition, contains dismantled vehicles, an old washing machine, wood, barrels, iron, windows, tables, etc. and is detrimental to the neighbourhood.

DISCUSSION

The property is registered to Ann Struss, however, the person responsible for the unsightly condition of the property is her son, Glen Struss. Mrs. Struss appears to be incapable of controlling the situation. The neighbouring property owners are upset and frustrated with this ongoing situation.

It is therefore recommended that City Council declare the condition of the property a nuisance and order the property owner to remove all debris, discarded materials and dismantled vehicles.

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.

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In the Matter of Section 324A of the

Vancouver Charter and 7060 Quebec 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 property at 7060 Quebec Street, Lot C, Block 3 West l/2 of District Lot 655, Plan 8469, PID 010-057-293, is declared to be a nuisance pursuant to Section 324A of the Vancouver Charter

2. THAT Registered owner of the property is hereby ordered to remove the debris, miscellaneous items, used building materials, dismantled vehicles, furniture and bicycles 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, Council further orders and hereby authorizes the City Building Inspector to have the work carried out at the expense of the owner, and may dispose of the items by selling to a salvage contractor and/or automobile wrecker/recycler.

4. THAT in the event that the owner fails to allow the City Building Inspector and/or his designate access to the site to carry out the work as outlined in paragraph 3 above, the Director of Legal Services is hereby authorized, in her discretion, to commence a legal action or proceeding in relation to the premises located at 7060 Quebec Street an may, in her discretion, seek injunctive relief in that action or proceeding, in order to bring this site into compliance with City By-laws.

5. THAT the City Clerk is directed to file a 336D Notice against the Certificate of Title to the property at 7060 Quebec 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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(c) 1998 City of Vancouver