CITY OF VANCOUVER

BUSINESS LICENSE HEARING MINUTES

February 21, 2002

A Business License Hearing of the Council of the City of Vancouver was held on Tuesday, February 21, 2002, in the Council Chamber, Third Floor, City Hall, commencing at 7:30 p.m., to determine whether or not a City of Vancouver business license for the year 2002, should be issued to the Applicant, Wing Cheong Young and Nancy Young, for rental of a one-family dwelling at premises located at 2320 East Pender Street, Vancouver, British Columbia.

PRESENT:	Councillor Jennifer Clarke, Chair Councillor Lynne Kennedy Councillor Gordon Price
CITY CLERK'S OFFICE:	Nancy Largent, Meeting Coordinator

1. 2320 East Pender File: 2711-45

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) and the evidence of witnesses:

Notice of Hearing

Tab
1 Licenses and Inspections Department - 2320 East Pender Street

1997 Business License dated February 11, 1997
Complaint Form dated November 19, 1997
Inspection Report dated November 25, 1997
1998 Business License dated April 27, 1998
Letter to Tom & Nancy Young from Paul Teichroeb dated June 8, 1998
1999 Business License dated February 10, 1999
Complaint Form dated July 14, 1999
Inspection Report dated July 19, 1999
Letter to Wing & Nancy Young from J. Forbes-Roberts dated August 6, 1999
Inspection Report dated September 1, 1999
Complaint Form dated October 15, 1999
2000 Business License dated March 1, 2000
Complaint Form dated June 13, 2000
Inspection Report dated July 4, 2000
Inspection Report dated February 5, 2001
Electrical Inspection Report dated February 5, 2001
Building Inspection Report dated February 5, 2001
Letter to Wing & Nancy Young from B. Windsor dated February 23, 2001
Inspection Report dated February 25, 2001
2001 Business License dated February 27, 2001
E-mail to Ed Neufeld and Ray Mariani from Carlene Robbins dated March 2, 2001
Letter to Wing & Nancy Young from D.H. Jackson and A. Tsisserev dated March 2, 2001
Inspection Report dated April 5, 2001
Inspection Report dated November 15, 2001
Inspection Report dated January 24, 2002
Certificate of Electrical Inspection dated January 24, 2002
Co-ordinated Inspection Report (Building) dated January 24, 2002
Inspection Report dated January 24, 2002
Photos
Letter to Wing & Nancy Young dated January 24, 2002
Letter to Barb Windsor from Pamela Brown, Ministry of Human Resources dated January 25, 2002
Handwritten notes dated January 28, 2002
Letter to Wing & Nancy Young from B. Windsor dated January 29, 2002
Memo to Mayor and Council from Barb Windsor dated January 30, 2002
Letter to Wing & Nancy Young from D.H. Jackson and P. Teichroeb dated January 30, 2002
Notice to Vacate dated January 30, 2002

2 Licenses and Inspections Department - 196 East 17^th Avenue

2000 Business License dated March 1, 2000
Property Use Inspection Report dated March 17, 2000
Electrical Inspection Report dated March 17, 2000
Building Inspection Report dated March 17, 2000
Memo to Mayor and Council from D.H. Jackson dated March 21, 2000
Letter to Tom & Nancy Young from D.H. Jackson and A. Tsisserev dated March 21, 2000
Notice to Vacate dated March 22, 2000
Letter to Tom & Nancy Young from D.H. Jackson dated April 5, 2000

3 Police Department

Incident #PO1250190 dated October 30, 2001
Incident #PO1252811 dated November 2, 2001
Incident #PO1263397 dated November 15, 2001

Additional documents submitted at the Hearing:

· memo to Paul Teichroeb, Chief License Inspector, from PC 1618 Jill Proctor, District 2 POP Co-ordinator, dated February 7, 2002;
· Minutes of a Special Council Meeting dated October 17, 1995.

Catherine Kinahan, Corporation Counsel, was present on behalf of the City. Ms. Kinahan introduced applicant Wing Cheong Young and Joyce Leung representing the Youngs. Applicant Nancy Young was not present. Kit Koon, interpreter, provided Cantonese interpretation services for Mr. Young.

Ms. Kinahan noted this matter had been referred to City Council by the Chief License Inspector pursuant to Section 4(2a) of the License By-law and that 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 Permits, Inspection Reports, photographs, Police reports, correspondence from and to the Deputy Chief License Inspector and from the Chief License Inspector, and the evidence of witnesses, which sets out the allegations that the Applicant is likely to carry on business to the detriment of the safety and well being of the public by:

(a) permitting or failing to prevent occupation of the basement as a separate dwelling unit in contravention of the Zoning and Development By-law

(b) permitting or failing to prevent construction and alterations to the premises without a building permit in contravention of the Building Bylaw;

(c) permitting or failing to prevent accumulation of discarded materials on the site of the premises in contravention of the Untidy Premises Bylaw;and

(d) failing to control the conduct of the tenants of the premises, thus causing a drain on Police and City resources.

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

· PC 1488 Parker, Alex
· Penny Harry, Grandview Woodland Community Policing Centre
· PC 1618 Proctor, Jill
· Paul Teichroeb, Chief License Inspector
· Barbara Windsor, Deputy Chief License Inspector
· Ray Mariani, Property Use Inspector
· Ed Neufeld, District Building Inspector

Mr. Young and Mrs. Leung also directed questions to the witnesses.

Mr. Young submitted that he was kind to his tenants, who have no place to live now that the house has been ordered vacated. He was never informed of complaints, and has never had more than five people living on the premises at one time. Photographs were circulated to show that the property has been cleaned up, and marked Applicant's Exhibit 1 (on file in the City Clerk's Office).

Mrs. Leung called the following witness:

· Henry Tong, nephew of Mr. Young

Mrs. Leung submitted that Mr. Young is elderly, is under financial pressure, and was mislead by his contractor. Mr. Young recognizes that mistakes were made. Council was asked to give Mr. Young another chance, perhaps with a two-month license suspension, and set aside the order to vacate the premises to give him the opportunity to sell the house . A suitable buyer has been found, but if the order to vacate is not set aside, the sale will fall through. Mr. Tong will provide interim security and act as caretaker, and no tenants will live in the house until all permits have been obtained. Mrs. Leung undertook to act as project manager to obtain the necessary permits. In response to a question from Ms. Kinahan, Mrs. Leung explained the circumstances of her own previous business license suspension.

Ms. Kinahan submitted that the evidence presented at this Hearing accords with the allegations as set out in the evidence briefs, and sets out the legal test for the Panel to apply in determining whether or not a City of Vancouver business license for the year 2002 ought to be issued to the Applicant, Wing Cheong Young and Nancy Young, for rental of a one-family dwelling at premises located at 2320 East Pender Street, Vancouver, British Columbia. Ms. Kinahan also read out Section 10 of the Residential Tenancy Act, and submitted that there is ample evidence that Mr. Young has failed in his duty as a landlord.

PANEL MEMBERS' DISCUSSION

Prior to a decision on this matter, Panel members observed that the Applicant had failed to properly manage the building and control the actions of his tenants, and was clearly in contravention of the Zoning and Development, Building, and Untidy Premises By-laws, causing a heavy drain on Police and City resources. The Applicant has also failed in his responsibilities as a landlord. The Panel also noted that this was not the first time the Applicant has appeared in similar circumstances, and felt that other licensed rental properties owned by the Applicant should be reviewed for violations.

MOVED by Councillor Kennedy

THAT a 2002 business license not be issued to the Applicant, Wing Chong Young and Nancy Young, for a one family dwelling at premises located at 2320 East Pender Street, Vancouver, British Columbia, because the Applicant has failed to properly manage the Licensed Premises by:

(a) permitting or failing to prevent occupation of the basement as a separate dwelling unit in contravention of the Zoning and Development By-law;

(b) permitting or failing to prevent construction and alterations to the premises without a building permit in contravention of the Building Bylaw;

(c) permitting or failing to prevent accumulation of discarded materials on the site of the premises in contravention of the Untidy Premises Bylaw;
(d) failing to control the conduct of the tenants of the premises, thus causing a drain on Police and City resources; and

(e) failing to comply with the duties of a landlord pursuant to the Residential Tenancy Act;

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

FURTHER THAT the Chief License Inspector be instructed to review all otherlicensed rental properties owned by the Applicant and to refer those licences to Council if in the opinion of the Chief License Inspector it is appropriate to do so.

CARRIED UNANIMOUSLY

The Business License Hearing Panel adjourned at 9:05 p.m.

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(c) 1998 City of Vancouver