ADMINISTRATIVE REPORT

Date: May 18, 2001
Author/Local: C. Robbins/873-7535

RTS No. 2087

CC File No. 2701

P&E: June 14, 2001

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 and/or occupier of the land 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/occupier 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/occupier 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.

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 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 the building or structure be removed, pulled down, or otherwise dealt with by the owner, agent, leasee or occupier thereof, as Council may determine.

BACKGROUND

This is a single family dwelling. This matter was brought before Committee of Council last summer and a Resolution was passed against the property owner, Ann Struss. Because there was no compliance with Council's order to have the property cleaned up, staff attended the site with the City sanitation crew with the intention of doing the work, however, they were refused entry onto the site by Glen Struss, son of the property owner. Legal Services was subsequently in the process of preparing an injunction application when it was noted that the owner of the property, Ann Struss is deceased. The building is being occupied by the son of the deceased and consequently, this matter is being brought back before Council to request that action be taken against the son as the occupier of the land.

There is an extensive history of violations with respect to the Standards of Maintenance and Untidy Premises By-law on this property primarily due to Glen Struss and his penchant for acquiring and storing materials, debris and dismantled vehicles on the site.

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 previously 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 who is now deceased. However, the person responsible for the unsightly condition of the property is her son, Glen Struss. Mr. Struss is the occupier of the land. Section 324A of the Vancouver Charter authorizes Council to order an owner, agent, lessee or occupier to comply with the terms of Council's Resolution.

The neighbouring property owners are upset and frustrated with this ongoing situation and Mr. Struss' intransigence.

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

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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 the Registered owner and/or occupier of the land 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 and/or occupier 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/or occupier, and may dispose of the items by selling to a salvage contractor and/or automobile wrecker/recycler.

4. THAT in the event the owner and/or occupier 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 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.

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(c) 1998 City of Vancouver