Agenda Index City of Vancouver

ADMINISTRATIVE REPORT

TO:

Standing Committee on Planning and Environment

FROM:

City Building Inspector

SUBJECT:

Demolition of Dangerous/Nuisance Building at 2817 Clark Drive

 

RECOMMENDATION

GENERAL MANAGER'S COMMENTS

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 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

This is a single family dwelling that was constructed on or about 1923. A review of our records indicates that since 1998 this department has received complaints about the untidy condition of the property. Numerous orders have been issued to the property owner requiring that the site be cleaned up and maintained in a tidy condition, however, the orders were ignored and the City has had to hire private contractors to carry out the work at the owner's expense. Because the owner failed to pay the related costs, they have been applied to the tax roll for the property.

Our records further indicate that this building has been vacant since July of 2000. It has frequently been occupied by squatters since that time.

On January 18, 2002, the owner was again ordered to clean up the considerable accumulation of garbage, debris and discarded materials from the site. A reinspection on February 13, 2002 revealed that the owner had not complied with the order and that the building was again occupied by squatters. The interior of the building is full of garbage, debris, candles and discarded drug materials. The City hired a private contractor to have the building vacated and secured and to clean up the site.

DISCUSSION

The City has received no response from the property owner with respect to our recent orders.
The owner's neglect and lack of security for the building has resulted in an unsafe condition and a risk of fire or accident. The building and site are in violation of the Vancouver Building, Standards of Maintenance and Untidy Premises By-laws and are detrimental to the neighbouring residents.

Consequently, it is recommended that Council declare the building and site dangerous to public safety and a nuisance and require demolition and the provision of a chain-link fence around the site to prevent access and dumping.

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.

In the Matter of Section 324A of the

Vancouver Charter and 2817 Clark Drive

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 and site at 2817 Clark Drive, Lot B, Except the East 7 Feet as shown on Plan 4094, Now Road, of Lots 16 and 17, Block 172, District Lot 264A, Plans 1693 and 1771 are declared to be dangerous to public safety and a nuisance pursuant to Section 324A of the Vancouver Charter.

2. THAT the registered owner of the property is hereby ordered to demolish the building and remove the resulting demolition debris and discarded materials and provide a chain-link fence around the perimeter of 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 owner 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 owners.

4. THAT the City Clerk is directed to file a 336D Notice against the Certificate of Title to the property at 2817 Clark Drive, in order to warn prospective purchasers that there are violations of the Vancouver Building, Standards of Maintenance and Untidy Premises By-laws related to this property and that there is an Order of Council against the property.

* * * * *

pe020307.htm

Comments or questions? You can send us email.
[City Homepage] [Get In Touch]

(c) 1998 City of Vancouver