ADMINISTRATIVE REPORT

TO:

Standing Committee on Planning and Environment

FROM:

City Building Inspector

SUBJECT:

Nuisance Property at 821 E 12th 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

This is a vacant lot that has been owned by the current owner since August 1973. A review of our records for this property, shows that the City had dealt with the property owner since 1974 regarding various issues including numerous complaints of storage of debris/ discarded items and miscellaneous materials including a wrecked and or dismantled vehicle.

These infractions and subsequent eventual clean ups have been going on for the past 15 years.

It should be further noted that there was a one family dwelling on this site which was ordered demolished by the City in October of 1993. Several orders were sent to the owner requesting demolition and to board up windows and doors to prevent vagrants from entering. As the owner did not comply with our order to demolish, the City then hired a contractor and had the building demolished in March of 1995, and billed the owner through the Tax Roll.

The District Property Use Inspector has recently reported that the site again contains debris, and miscellaneous discarded materials such as a; microwave, lounge chair, shoes, wood pieces, bike wheel, dismantled chair, plastic planter, computer monitor, sofa, suitcase, television, futon and an unlicensed/wrecked/dismantled vehicles: a white Dodge Caravan -no plates (filled with garbage including TV, Futon and computer monitor with rear lights broken and other small damage)

DISCUSSION

The condition of the site is in violation of the Standards of Maintenance and, Untidy Premises By-laws and is detrimental to the neighbouring property owners.

It is therefore recommended that City Council declare the condition of the property a nuisance and order the property owner to remove all debris, discarded materials and unlicensed, wrecked or dismantled vehicles from the site and provide a chain-link fence around the perimeter of 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 site into compliance with the City By-laws in the event of the owner's failure to comply or his failure to 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 site and that there is a Resolution of Council against the property.

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In the Matter of Section 324A of the

Vancouver Charter and 821 E 12th 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 821 E 12th Avenue, Lot B of Lots 19 to 22, Block F of Block 157 of District Lot 264A Plan 3655 PID 012-421-782, is 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, also remove all unlicensed, dismantled or wrecked vehicles parked/stored in the yards and provide a chain-link fence around the perimeter of 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 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 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 821 E 12th 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.

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