ADMINISTRATIVE REPORT

Date: May 23, 2001

Author/Local: C .Robbins 873-7535

RTS No. 2101

CC File No. 2701

P&E: June 14, 2001

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Demolition of Nuisance/Dangerous Building at 207 Union Street and 796 Main Street

RECOMMENDATION

A. THAT Council declare that the building at 207 Union Street and 796 Main Street, Lot 10, Block 20, District Lot 196, Plan 184, PID 015-644-316 is 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 207 Union Street and 796 Main 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.

COUNCIL 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 three storey building is located on the corner of Union and Main Street. It was constructed in 1923 and was occupied as a restaurant on the main floor with a rooming house containing 11 sleeping units on the upper floors. It has no heritage designation. It is located in an HA-1A Chinatown District.

The building has been vacant for well over ten (10) years. A recent inspection revealed that it is in a dilapidated and unsafe condition. The exterior stucco is in poor condition and needs to be replaced. There is evidence of severe rot on the north elevation. The poor condition of the stucco has allowed water to leak into the building structure. The roof and ceilings also show signs of water leakage.

In order to bring this building up to an acceptable standard for re-occupancy, extensive structural/remedial work and upgrading will be required pursuant to the Vancouver Building Bylaw. It is the opinion of the Building Inspector that the damage to the building is so extensive that the costs of rehabilitation would be prohibitive. In addition, the required upgrading and/or any proposed change in occupancy of the building will require Development Permit approval pursuant to the Zoning and Development Bylaw.

A review of our records indicates that in October of 1999, two (2) transients had gained entry and were living in the building. The property owners were directed to vacate the building and securely board it up to prevent access. The inspection at that time also revealed that there had been a lot of damage in the building as a result of vandalism.

The property was purchased by the current owner in February of this year. In March, the City Building Inspector wrote to the owner advising of his concerns about the poor condition of the building and requesting that the owner obtain a demolition permit and demolish the building. In response, the owner advised staff that he was planning on redeveloping the existing building and had obtained a report from a Structural Engineer confirming the structural integrity of the building. The City Building Inspector requested a copy of the Engineer's report together with an application for Development Permit and a proposal for correcting the noted deficiencies in the building. The owner was advised that if he did not provide the information to the City and demonstrate his commitment to redevelopment, the City Building Inspector would be bringing this matter to Council for considersation as a nuisance property. To date the owner has not provided the Engineer's report nor has he submitted an upgrading or redevelopment proposal to the City.

The building is in violation of the Vancouver Building and Standards of Maintenance Bylaws. In its present vacant, dilapidated and unsafe condition, it is detrimental to the neighbourhood and is an attraction to squatters and transients.

It is therefore recommended that City Council declare the building a nuisance and dangerous to public safety 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 situated at 207 Union Street and 796 Main Street, Lot 10, Block 20, District Lot 196, Plan 184, PID 015-644-316 is 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 207 Union Street and 796 Main 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