ADMINISTRATIVE REPORT
Date: August 27, 2001
Author/Local: C. Robbins/604-873-7535
RTS No. 02279
CC File No. 2701
P&E: September 13, 2001
TO: |
Standing Committee on Planning and Environment |
FROM: |
City Building Inspector |
SUBJECT: |
Nuisance Building at Rear of 3455 West 15th Avenue |
RECOMMENDATION
A. THAT Council declare that the accessory building at the rear of the property at 3455 West 15th Avenue, Lot 20, Except the North 10 Feet Now Lane, Block 103, District Lot 540, Plan 560, PID 005-054-079 is a nuisance pursuant to Section 324A of the Vancouver Charter
B. THAT Council approve the attached Resolution and order the Registered owners of the property to demolish the rear accessory building and remove the overgrowth and brambles, resulting demolition debris and discarded materials from the site, within 14 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 owners 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 the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 3455 West 15th Avenue in order to warn prospective purchasers that there are violations of the Standards of Maintenance and Untidy Premises By-law related to this property and that there is an order of Council against the property.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of the foregoing.
COUNCIL POLICY
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 to be a contravention of a by-law relating to the construction or safety of buildings; or as a result of that condition, a building or structure is unsafe or unlikely to be usable for its expected purpose; or 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
The accessory building at the rear of this property is in a dilapidated condition. The roof of the building and the exterior walls have collapsed inward. The exterior is completely covered with brambles and overgrowth. This is in violation of the Standards of Maintenance and Untidy Premises By-law.
This department has received complaints from neighbouring property owners about the unsightly condition of this building and its negative impact.
The owners of the property were issued a written request in February of this year to demolish the accessory building but to date have not responded to the City's request.
DISCUSSION
The condition of the rear accessory building and the overgrowth of brambles is an eyesore. Repairs to the collapsed roof and exterior walls would not be economically feasible. Consequently, it is recommended that Council declare the rear accessory building a nuisance and require its demolition as well as the removal of all the brambles and overgrowth.
It is also recommended that a 336D Notice be filed against the Certificate of Title to the property to warn prospective purchasers of the By-law violations and Council's Resolution.
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In the Matter of Section 324A of the
Vancouver Charter and 3455 West 15th Avenue
R E S O L U T I O N
Be it resolved, by the Council of the City of Vancouver:
1. THAT the accessory building at the rear of the property at 3455 West 15th Avenue, Lot 20, Except the North 10 Feet Now Lane, Block 103, District Lot 540 Plan 560, PID 005-054-079, is declared to be a nuisance pursuant to Section 324A of the Vancouver Charter
2. THAT the registered owners of the property are hereby ordered to demolish the rear accessory building and remove the overgrowth and brambles, resulting demolition debris and discarded materials from the site, within 14 days of a copy of this resolution being served pursuant to Section 324A of the Vancouver Charter
3.. THAT in the event that the owners do 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 owners
4. THAT the City Clerk is directed to file a 336D Notice against the Certificate of Title to the property at 3455 West 15th Avenue, in order to warn prospective purchasers that there are violations of the Standards of Maintenance and Untidy Premises By-laws related to this property and that there is an Order of Council against the property.
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