ADMINISTRATIVE REPORT

Date: December 4, 2000
Author/Local: C .Robbins 873-7535

RTS No. 01792

CC File No. 2701

P&E: January 11, 2001

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Demolition of Nuisance/Dangerous Building at 5727 Kerr Street

RECOMMENDATION

A. THAT Council declare that the building and site at 5727 Kerr Street (Lot

67 Block 15 District Lot 50 Plan 3081 PID 013-205-277) are 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, 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 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 outlined in paragraph 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 5727 Kerr Street, in order to warn any prospective purchasers that as a result of the condition of the building and Council’s Resolution, the purchaser could suffer a 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 is a vacant single family dwelling that was constructed in 1954. It is located in an RS-1 One Family Dwelling District.

This building has been vacant since August of 1999. The Registered owner, Mr. Newman passed away five (5) years ago. The owner’s son lived upstairs in the building until his father passed away. He no longer lives in the house and we have been unable to locate him. An inspection by the District Building Inspector revealed that the building is in a dilapidated and unsafe condition. The exterior shows signs of severe rot on the rear deck and guardrails are missing on the front deck and rear stairs. The roof shakes have the ridge caps missing. The roof has collapsed above the kitchen area with most of the drywall and as a result, the roof rafters and ceiling joists have been exposed to the elements for a long period of time. Portions of the interior floors are spongy and could cause a problem for emergency personnel responding to this address. The interior of the house is in a deplorable condition and is full of garbage, flies, cat urine and feces.

The building had been broken into previously until the neighbouring residents began looking after the exterior yards and planting a garden. Since then there has been no evidence of break-ins, however, the neighbouring residents have submitted complaints about the poor condition and appearance of the building.

DISCUSSION

In it’s present dilapidated and unsafe condition, and without any management or control being exercised by the property owner, the building and site are detrimental to the neighbourhood. The building and property are in violation of the Vancouver Building, Standards of Maintenance and Untidy Premises By-laws.

It is therefore recommended that City Council declare the building and site 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 in order to warn prospective purchasers of Council’s Resolution.

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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 and site situated at 5727 Kerr Street , Lot 67, Block 15

District Lot 50 Plan 3081 PID 013-205-277are a nuisance and dangerous to public safety pursuant to Section 324A of the Vancouver Charter

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

C. 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 authorized

to have the work outlined in the preceding paragraph carried out at the

expense of the owner. The City Building Inspector may dispose of any resulting debris by selling to the contractor any material he may agree to purchase and delivering the rest to a disposal site.

D. THAT the City Clerk be directed to file a 336D Notice against the Certificate

of Title to the property at 5727 Kerr Street, in order to warn any prospective purchasers that as a result of the condition of the building and 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