Agenda Index City of Vancouver

ADMINISTRATIVE REPORT

TO:

Standing Committee on City Services and Budgets

FROM:

City Building Inspector

SUBJECT:

Demolition of Dangerous/Nuisance Building at 831 East 26th Avenue

 

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 prior to 1941. As a result of a neighbourhood petition, a coordinated inspection of this building was carried out in October of 2001. The inspection revealed serious life safety and livability deficiencies throughout the building including but not limited to, the following:

Because of the above, the owners of the building had the building vacated in compliance with an order from the Chief Building Official and City Electrician, early in November of last year.

After the building was vacated, it was boarded-up by a private contractor hired by the City and the electrical service to the building was disconnected by BC Hydro.

DISCUSSION

The building has remained vacant and boarded-up since last November. However, because of the extent of the by-law violations, repairs to the building would not be economically feasible. The owners have indicated that they intend to demolish the building, but to date, have not done so.

The building in its present state is not safe for occupancy, it as well as the rear accessory building are an eyesore and an attraction to squatters. The principal building is in violation of the Vancouver Building, Standards of Maintenance, Zoning and Development and Electrical By-laws as well as the Provincial Gas Safety Act and Regulations and is detrimental to the neighbouring residents.

Consequently, it is recommended that Council declare the building, rear accessory 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 831 East 26th 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 building, rear accessory building and site at 831 East 26th Avenue, Lot Y, Blocks 26 and 27, District Lots 391 and 392, Plan 21326, PID 007-973-438 are declared to be dangerous to public safety and a nuisance 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 831 East 26th Avenue, in order to warn prospective purchasers that there are violations of the Vancouver Building, Standards of Maintenance, Zoning and Development and Electrical By-laws as well as the Provincial Gas Safety Act and Regulations related to this property and that there is an Order of Council against the property.

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cs020326.htm


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