Agenda Index City of Vancouver

3. Demolition of Dangerous/Nuisance Building at 2921 Kingsway (File 2701)

The Committee had before it an Administrative Report dated August 19, 2002, in which the City Building Inspector recommended Council declare the building and site at 2921 Kingsway dangerous to public safety and a nuisance and order the building demolished and the provision of a chain-link fence around the site to prevent access and dumping. It was also recommended a 336D Notice be filed against the Title to the property to warn prospective purchasers there are violations of the Vancouver Building, Standards of Maintenance, Electrical, Plumbing and Gas By-laws and also to warn of Council's demolition order.

Peter Sweeney, Manager, Building Inspection, with the aid of photos, reviewed the condition of the subject property.

MOVED by Councillor Louis
THAT the Committee recommend to Council

CARRIED UNANIMOUSLY

ADMINISTRATIVE REPORT

TO:

Standing Committee on Planning and Environment

FROM:

City Building Inspector

SUBJECT:

Demolition of Dangerous/Nuisance Building at 2921 Kingsway

 

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 in 1945. The building is located in
an RT-2 (Two-Family Dwelling District).

Our records indicate that this building has been vacant since July of 2000. The Vancouver Police have advised us that the building has not been maintained in a secure condition and that transients have been gaining entry and living in the building. In February of this year, the City and Police had the building vacated of squatters and boarded-up by a private contractor.

Staff have had numerous discussions with the property owner about his plans for the building. In April of this year, the owner requested a special inspection to determine the work required in order for this building to be re-occupied. Our subsequent inspection revealed serious violations under the Building, Electrical, Standards of Maintenance, Plumbing and Gas By-laws. The owner was advised that permits would be required for carrying out the necessary repairs and that the building could not be re-occupied without the required Re-Occupancy Permit.

The owner was advised in writing in May of this year that if the required repair permits were not obtained by May 21, 2002, this matter would be brought before City Council.

To date, the owner has not obtained permits for repairs to this building, nor did he respond to a recent order requiring that the overgrown grass and weeds on the site be cut. Accordingly, the City again hired a private contractor to cut the grass and weeds at the owners expense.

DISCUSSION

The City has received no response from the property owner with respect to our letters and recent order. 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, Electrical, Plumbing and Gas 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 2921 Kingsway

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 2921 Kingsway, Lot 72, Except that part now Kingsway in Reference Plan 2424, Blocks 8 to 10, District Lot 37, Plan 4126 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 owner

4. THAT the City Clerk is directed to file a 336D Notice against the Certificate of Title to the property at 2921 Kingsway, in order to warn prospective purchasers that there are violations of the Vancouver Building, Standards of Maintenance, Electrical, Plumbing and Gas By-laws related to this property and that there is an Order of Council against the property.

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