ADMINISTRATIVE REPORT

Date: December 18, 2000
Author/Local: C .Robbins 873-7535

RTS No. 01809

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 2376 Cambridge Street

RECOMMENDATION

A. THAT Council declare that the building and site at 2376 Cambridge Street

Lot 5 Block 13 District Lot 184 Plan 178 PID 015-692-337 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 2376 Cambridge 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 single family dwelling that has been vacant since 1995. It is located in an RM-3A Multiple Dwelling District.

This department has received complaints from neighbouring property owners over the past several years about the overgrown grass and weeds on the property and that the building was open and accessible to transients. Orders have been sent to the property owner requiring that the site be cleaned up, however, the orders were ignored and the City proceeded to have the site cleaned up by a private contractor. The costs of this work were applied to the tax roll for the property.

In October of 1999, the City Building Inspector wrote to the owner and outlined the City’s concerns about the neglect of the building and site. The letter also outlined the owner’s responsibilities to keep the building secure and empty of unwanted trespassers. The owner was requested to contact the City Building Inspector about the property, however, to date, he has not done so.

An inspection in September of this year indicated that squatters had been gaining access into the building. The interior is in a deplorable condition and is full of household garbage and debris. In addition, there is evidence of drug paraphernalia in the house.

DISCUSSION

In its 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 2376 Cambridge Street , Lot 5, Block 13 District Lot 184 Plan 178 PID 015-692-337 are 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.

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 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.

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

of Title to the property at 2376 Cambridge 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