Agenda Index City of Vancouver

ADMINISTRATIVE REPORT

TO:

Standing Committee on Planning and Environment

FROM:

City Building Inspector

SUBJECT:

Nuisance Building and property at 6237 Battison Street

 

RECOMMENDATION

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 in 1966. A review of our records for this property shows that the City had dealt with the property owner since 1990 regarding the ongoing use of the site by her son for storage of debris, miscellaneous materials and numerous wrecked/dismantled and/or unlicensed vehicles.

Up until 1998, the property was owned by Leonida Goetze and since her death it has transferred to her son Peter Goetze.

Charges have been laid in Provincial Court a number of times and the owner and/or her son pled guilty in each instance and were fined.

On November 2, 1993, this matter was brought before City Council who approved an order for removal of all the debris and materials from the site. The site was subsequently cleaned up by the City and the costs were applied to the tax roll. The City again cleaned up the site in May of 2000 at a cost of $2,500. Those outstanding charges were also added to the tax roll.

On August 9, 2002, the Growbusters Team attended the building and discovered an illegal marijuana grow operation in the building. Because of the unsafe condition caused by the grow operation, the electrical and gas services to the building were disconnected. The owner of the property was ordered by the City Building Inspector to cease occupying the building and was directed to make application for a special inspection in order for our inspectors to determine the extent of the repairs required for this building to be re-occupied.

Subsequent to the City's actions, the neighbouring residents have complained to the Collingwood Community Police office that the owner is still living in the building and is using his fireplace for cooking and heating etc. The District Property Use Inspector reports also that the site again contains debris, miscellaneous construction materials, 30-40 bicycles and bicycle parts, five pairs of snow skis, wire mesh, automotive batteries and unlicensed/wrecked/dismantled vehicles as follows:

DISCUSSION

The condition of the site and building is in violation of the Standards of Maintenance, Untidy Premises, Vancouver Building and Electrical By-laws and the Provincial Gas Safety Act and Regulations and is detrimental to the neighbouring property owners who are upset and frustrated with this ongoing situation. They are also fearful of the risk of fire resulting from the owner still living in the building.

It is therefore recommended that City Council declare the condition of the building and property a nuisance and order the property owner to remove all debris, discarded materials and unlicensed, wrecked or dismantled vehicles from the site and that the City Building Inspector and/or his designate be authorized to have the work done in the event that the owner fails to do so. It is also recommended that the Director of Legal Services be authorized to commence a legal action or proceeding and seek injunctive relief in order to bring the building and site into compliance with the City By-laws in the event of the owner's failure to comply or his failiure allow the City Building Inspector or his designate access to the site to carry out the work.

Although the building is not currently listed for sale, it is further recommended that a 336D Notice be filed against the Title to the property in order to warn any prospective purchasers that there are violations of the City's By-laws related to this building and site and that there is a Resolution of Council against the property.

In the Matter of Section 324A of the

Vancouver Charter and 6237 Battison Street

R E S O L U T I O N

Be it resolved, by the Council of the City of Vancouver:

1. THAT the condition of the building and property at 6237 Battison Street, Lot K, Block A Northwest 1/4 of District Lot 339 Plan 11601 PID 009-044-434, are declared to be a nuisance pursuant to Section 324A of the Vancouver Charter

2. THAT the Registered owner of the property is hereby ordered to remove all miscellaneous items and materials stored in the yards and remove all unlicensed, dismantled or wrecked vehicles parked/stored in the yards within 30 days of a copy of the Resolution being served pursuant to Section 324A of the Vancouver Charter

3. THAT in the event of the failure of the owner to comply with the order of Council, Council further orders and hereby authorizes the City Building Inspector to have all miscellaneous items and materials stored in the yards and all unlicensed, dismantled or wrecked vehicles parked/stored in the yards removed, disposed of or sold pursuant to Section 324A(2) of the Vancouver Charter. Council further orders that from the proceeds of such sale or disposal shall be deducted for the use of the city the actual costs and disbursements incurred by the city in carrying out the removal, sale and disposal and the remainder of such proceeds shall be paid by the city to the owner.

4. THAT in the event of the failure of the owner to vacate the building as ordered by the City Building Inspector OR in the event that the owner fails to allow the City Building Inspector and/or his designate access to the site to carry out the work as outlined in paragraph 3 above, the Director of Legal Services is hereby authorized, in her discretion, to commence a legal action or proceeding in relation to the premises located at 6237 Battison Street and may, in her discretion, seek injunctive relief in that action or proceeding, in order to bring this building and/or property into compliance with City By-laws.

5. THAT the City Clerk is hereby directed to file a 336D Notice against the Certificate of Title to the property at 6237 Battison Street in order to warn prospective purchasers that there are violations of the Vancouver Building, Standards of Maintenance, Untidy Premises, Plumbing Gas and Electrical By-laws related to this property and that there is an order of Council against the property.

* * * * *

pe020919.htm

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

(c) 1998 City of Vancouver