Agenda Index City of Vancouver

ADMINISTRATIVE REPORT

TO:

Standing Committee on City Services and Budgets

FROM:

City Building Inspector

SUBJECT:

Nuisance Property at 3652-3654 West 4th Avenue

 

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

Our records indicate that the fire damaged building at this site was demolished in July of 2002. This vacant site is located adjacent to a second hand dealer at 3660-3662 West 4th Avenue. Since the demolition of the building, this department has received complaints from neighbouring residents and has verified that the operator of the second hand dealer premises next door, is using this site for the storage and display of goods and materials such as exterior and interior doors, bathtubs and lumber. At the time of inspection it was also noted that doors were lined up against the chain link fence at the front of the site on the city sidewalk.

The property is located in a C-2 Commercial District. The Zoning and Development By-law stipulates that all commercial uses in this zone shall be carried out wholly within a completely enclosed building. In addition, the By-law does not permit storage yards in this zone.

It should be noted that charges have been laid in Provincial Court against the owners of the second hand dealer store at 3660- 3662 West 4th Avenue, for the unauthorized storage of materials at the rear of the store and that the Engineering Department has been enforcing the unauthorized use of the city sidewalk for storage pursuant to the Street and Traffic By-law.

In September of 2002, the owners of the vacant site at 3652-3654 West 4th Avenue were ordered to cease using the site for the storage of goods and materials and to remove all of the items , however to date, have not complied with the City's order.

DISCUSSION

The condition and use of the site and city sidewalk for storage and display of goods and materials is in violation of the Zoning and Development, Standards of Maintenance, and Street and Traffic By-laws, and is a nuisance to the neighbouring property owners who are upset and frustrated with this ongoing situation.

It is therefore recommended that City Council declare the condition of the property a nuisance and order the property owner to remove all debris and/or miscellaneous items and materials stored on 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 property into compliance with the City By-laws in the event of the owner's failure to comply or his failure allow the City Building Inspector or his designate access to the site to carry out the work.

Although the property 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 property and that there is a Resolution of Council against the property.

In the Matter of Section 324A of the

Vancouver Charter and 3652-3654 West 4th 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 condition of the property at 3652-3654 West 4th Avenue, the east l/2 of Lot 3, except the south 10 feet and the north 7 feet, now highways, Block 27, District Lot 540, Plan 229, PID 010-329-803 is declared to be a nuisance pursuant to Section 324A of the Vancouver Charter

2. THAT the Registered owners of the property are hereby ordered to remove all debris and/or miscellaneous items and materials stored on the site 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 owners to comply with the order of Council, Council further orders and hereby authorizes the City Building Inspector to have all debris and/or miscellaneous items and materials stored on the site 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 owners.

4. THAT in the event of the failure of the owners 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 3652-3654 West 4th Avenue and may, in her discretion, seek injunctive relief in that action or proceeding, in order to bring this 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 3652-3654 West 4th Avenue in order to warn prospective purchasers that there are violations of the Zoning and Development, Standards of Maintenance and Street and Traffic By-laws related to this property and that there is an order of Council against the property.

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