Agenda Index City of Vancouver

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CITY OF VANCOUVER

BUSINESS LICENSE HEARING MINUTES

OCTOBER 16, 2001

A Business License Hearing of the Council of the City of Vancouver was held on Tuesday, October 16, 2001, in the Council Chamber, Third Floor, City Hall, commencing at 9:30 a.m., to determine whether or not, pursuant to Section 278 of the Vancouver Charter, the 2001 City of Vancouver business license issued to Henry Leong and Choi Hong Ho, doing business as a duplex for business premises located at 1346 Lakewood Drive, Vancouver, British Columbia ought to be suspended or revoked.

PRESENT:

Councillor Jennifer Clarke, Chair
Councillor Daniel Lee
Councillor Fred Bass

CITY CLERK'S
OFFICE:

Diane M. Clairmont, Meeting Coordinator
Nancy Largent, Meeting Coordinator

1. Henry Leong and Choi Hong Ho doing business as a duplex File: 2711-41

The Business License Hearing Panel had before it for consideration an Evidence Brief, prepared by the City's Legal Department, which contained the following material (on file in the City Clerk's Office), additional documents as follows, and the evidence of witnesses:

Additional documents submitted at the Hearing:

Vancouver Police Department
i) General Occurrence Information - GO000237631-2001
ii) Police Incident # P01237631 - October 15, 2001

Appellant (Choi Hong Ho)
i) Letter from M. Twynstra, City Building Inspector, to Henry Leong and Choi H. Ho, dated November 27, 1996;
ii) Residential Lease Agreement between the Appellant and Victor Kirman, for the lease period June 1, 2001 to December 31, 2001;

iii)Letter from Gary E. Thomas Jr. to "To Whom It May Concern "Joyce", dated December 29, 2000;
iv) Newspaper Article from "Vancouver Courier" Checks for welfare cheats `illegal intimidation' - dated April 23, 2000.

Tab

Notice of Hearing

1 Permits and Licenses Department

Building Permit, dated June 6, 1963
1998 Business License
Property Use Inspection Report, dated January 7, 1998, IR #341074
Property Use Inspection Report, dated January 7, 1998, IR #341075
Prosecution Referral, dated January 13, 1998
Letter to Henry Leong & Choi H. Ho from T. Droettboom, Director, City of Vancouver, dated January 19, 1998
Letter to Henry Leong & Choi H. Ho from T. Droettboom, dated January 19, 1998 with handwritten notes on it
Property Use Inspection Report, dated January 20, 1998, IR #341084
Property Use Inspection Report, dated February 6, 1998, IR #341098
Prosecution Information, dated February 1998
Prosecution Information Form, dated February 16, 1998
Letter to M. Twynstra, City of Vancouver from Choi Hong Ho, dated March 3, 1998
Letter to M. Twynstra from Choi Hong Ho, dated March 6, 1998
Letter to M. Twynstra from Choi Hong Ho, dated April 3, 1998
1999 Business License
2000 Business License
Complaint Form, dated January 26, 2000
Building Inspection Report, dated December 6, 2000, IR #BI12220
Stop Work Notice, dated December 6, 2000
Electrical Inspection Report, dated December 6, 2000, IR #EI11768
Certificate of Electrical Inspection, dated December 6, 2000
Property Use Inspection Report, dated December 18, 2000, IR #362945
Building Inspection Report, dated December 18, 2000, IR #BI12274
Electrical Inspection Report, dated December 18, 2000, IR # EI11823

2001 Business License
Letter to Henry Leong & Choi H. Ho from B. Windsor, Deputy Chief License Inspector, City of Vancouver, dated January 5, 2001
Property Use Inspection Report, dated January 5, 2001, IR #356724
Handwritten notes from Barb Windsor, dated January 11, 2001
Letter to B. Windsor from Choi Hong Leong, dated January 24, 2001
Letter to B. Windsor from Choi Hong Leong, dated January 24, 2001 with handwritten notes on it
Electrical Permit, dated January 29, 2001
Certificate of Electrical Inspection, dated January 31, 2001
Certificate of Electrical Inspection, dated February 2, 2001
Building Inspection Report, dated March 14, 2001, IR #BI13079

Handwritten notes from Barb Windsor, dated April 30, 2001
Handwritten notes from Barb Windsor, dated May 29, 2001
Letter to Henry Leong & Choi H. Ho from B. Windsor, dated June 13, 2001
E-mail to Pam Brown from B. Windsor, dated August 14, 2001
Job Site Report, dated August 15, 2001
Job Site Report, dated August 22, 2001
Property Use Inspection Report, dated September 10, 2001, IR #367551
Building Permit, dated September 11, 2001
Building Inspection Report, dated September 27, 2001, IR #BI14674
Letter to Henry Leong & Choi Hong Ho from B. Windsor, dated September 28, 2001
E-mail to B. Windsor from Pam Brown, dated October 4, 2001

2 Police Department

Calls for Service Form from 1995 to 2000
E-mail to Gary Sparks from B. Windsor
Incident Report dated November 8, 2000, #PO0256656
Incident Report dated December 2, 2000, #P00273484
Incident Report dated January 8, 2001, #PO1005722
Incident Report dated February 26, 2001, #PO1040113
Incident Report dated August 11, 2001, #PO1179917
Incident Report dated August 22, 2001, #PO1189735
Incident Report dated September 2, 2001, #PO1199566

3 Neighbours

Letter to Mayor Philip Owen & City Council from Lakewood Blockwatch Group, dated October 24, 2000
Letter to Whom It May Concern from Stephanie & Raymond, dated October 25, 2000
Letter to Gary Sparks from Julie & David, dated January 7, 2001
Letter to Mayor Philip Owen & City Council from Julie & David, dated January 7, 2001

Letter to Julie & David from Tim Louis, Councillor, dated January 23, 2001
Letter to Julie & David from Jennifer Clarke, Councillor, dated January 26, 2001

4 Photographs

From Ray Mariani, District Property Use Inspector, dated December 6, 2000
From Ray Mariani, dated December 18, 2000
From Ray Mariani, dated March 14, 2001
From Ray Mariani, dated September 12, 2001

Catherine Kinahan, Corporation Counsel, was present on behalf of the City. The Appellant, Choi Chong Ho, represented herself.

Ms. Kinahan noted proceedings were taking place pursuant to Section 278 of the Vancouver Charter, which provides that the issuance of a business license is deemed to be at the discretion of Council, and section 277.1 of the Vancouver Charter, which confers on Council the power to delegate the holding of business license hearings to one or more Councillors.

Ms. Kinahan referred the Panel to evidence before it as set out in police reports, property use reports and letters relied on by the Chief License Inspector in referring this matter to Council, letters from the Chief License Inspector, documents submitted at the Hearing, and the evidence of witnesses, which set out the allegations that the Appellant has failed to properly manage the business by:

(a) permitting occupancy of the Licensed Premises as a multiple dwelling without having a development permit therefor, in contravention of the Zoning and Development By-law of the City of Vancouver;

(b) constructing additions to the Licensed Premises without a building permit in contravention of the Building By-law of the City of Vancouver;

(c) carrying out electrical work in the Licensed Premises without an electrical permit in contravention of the Electrical By-law of the City of Vancouver;

thereby carrying on business to the detriment of the safety and well-being of the public.

In support of the allegations set out in the above noted reports and evidence, Ms. Kinahan called the following witnesses:

Ms. Ho directed questions to the witnesses and submitted previously noted documents for the Panel's consideration (on file):

During question of Mr. Mariani, Raja Man, joined the Appellant to assist.

Ms. Ho called Victor Kirman, tenant at 1346 Lake Drive, and Raja Man, as witnesses.

APPELLANT STATEMENT

Ms. Ho reviewed the history of her ownership of 1346 Lakewood Drive (photos circulated). She stated her neighbours had never spoken to her directly regarding their concerns and had never removed garbage or debris from her property. She also stated she does maintain her property and discourages drug use in the neighbourhood.

Ms. Kinahan submitted that the evidence presented at this Hearing accords with the allegations as set out in police reports, property use reports and letters relied on by the Chief License Inspector in referring this matter to Council, letters from the Chief License Inspector, documents submitted at the Hearing, and the evidence of witnesses, and the letter to the Appellant dated October 4, 2001, and set out the legal test for Council to apply in determining whether to suspend or revoke the 2001 Business License issued to Henry Leong and Choi Hong Ho, doing business as a duplex for business premises, located at 1346 Lakewood Drive, Vancouver, BC.

PANEL MEMBERS' DISCUSSION

Prior to a decision on this matter, Panel members noted the Appellant's demonstrated history of allegations as set out above, continued failure to ensure compliance with City By-laws, failure to comply with licensing requirements for the business and failure to manage and maintain the property appropriately with due regard to impacts on the neighbourhood.

MOVED by Councillor Bass

THAT the 2001 Business License issued pursuant to Section 278 of the Vancouver Charter, to Choi Hong Ho & Henry Leong ( the " Licensees ") doing business as a duplex at 1346 Lakewood Drive, Vancouver, BC ( the " Licensed Premises " ) be revoked, because the Licensees have failed to properly manage the Licensed Premises by:

(a) permitting occupancy of the Licensed Premises as a multiple dwelling without having a development permit therefor, in contravention of the Zoning and Development By-law of the City of Vancouver;

(b) constructing additions to the Licensed Premises without a building permit in contravention of the Building By-law of the City of Vancouver;

(c) carrying out electrical work in the Licensed Premises without an electrical permit in contravention of the Electrical By-law of the City of Vancouver;

thereby carrying on business to the detriment of the safety and well-being of the public.

FURTHER THAT should the Licensees apply for any future business license in the City of Vancouver, the application is to be referred to a City of Vancouver Business License Hearing Panel, and this Panel recommends that, if the Licensees are granted a licence for a rental business in the future, the Licensees be required to use a professional manager to run that rental business.

CARRIED UNANIMOUSLY

The Business License Hearing Panel adjourned at 1:37 p.m.

*****

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