ADMINISTRATIVE REPORT

TO:

Standing Committee on Planning and Environment

FROM:

City Building Inspector

SUBJECT:

Nuisance property and dangerous fire escape at 2031 Stainsbury 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. There is no original permit for construction of the building on record. However, our records indicate that it was constructed prior to 1954. The property is located directly adjacent to the sky train line and a vacant city lot.

A review of our records shows that the City has dealt with the property owner since 1975 regarding the ongoing use of the site for storage of debris, miscellaneous materials and numerous wrecked/dismantled and/or unlicensed vehicles. Inspection records indicate that the owner has admitted that his hobby is to restore vintage vehicles. In 1996, the owner was charged in Provincial Court for being in violation of the Untidy Premises and Standards of Maintenance By-law and plead guilty. Since that time, the amount of materials and vehicles on the site has fluctuated.

In December of 2002, City staff recieved a complaint about the unsightly condition of the property. An inspection confirmed that there were approximately 14 dismantled, wrecked and/or unlicensed vehicles and a large accumulation of materials and debris in the rear yard as well as on the BC Hydro right of way at the rear of his site.

In addition it was noted that the District Building Inspector had been carrying two building permits repairs to fire damage in the building that had not been completed. The owner was sent written notice to clean up the property and to allow the District Building and Electrical Inspectors to inspect the status of the fire repairs.

In response to our letter, the owner and his representative requested a meeting with city staff. At the meeting, the owner was advised that he was in violation of the Standards of Maintenance and Untidy Premises By-laws and that he could not continue to use the site for storage and/or repairs of vehicles. The owner subsequently agreed to allow the inspectors access into the building to inspect the fire repairs and agreed to remove one of the vehicles as well as all of the debris and miscellaneous materials by March 1, 2003. The owner was advised that if a reinspection on March 1, 2003 revealed that he had complied with this condition, staff would meet again with him to negotiate a reasonable timeframe for removal of the remaining vehicles.

The followup inspection of the interior of the building revealed that there were some violations of the Electrical By-law and that the rear exterior fire escape was in an unsafe condition. The owner was sent written notice to repair the fire escape and to obtain an electrical permit to carry out repairs to the electrical system.

The reinspection of the property on March 1, 2003 revealed that the owner had only complied with one of the conditions agreed to previously, in that he had removed one vehicle. The fire escape has not been repaired and the majority of the debris and miscellaneous materials, although better organized, have not been removed from the site. It was also noted that there is a large amount of materials now stored on the front boulevard apparently in readiness for removal to the dump. Staff will be dealing with BC Hydro with respect to removal of the materials and vehicles that are currently stored on the Hydro right of way at the rear of the property.

On March 7, 2003, another complaint was filed from the area residents expressing their frustration over the lack of progress on getting this site cleaned up and noting that there has been an continual accumulation of materials on the city boulevard.

Another order was sent to the owner requiring clean up of the debris and materials
(excluding the vehicles) by March 23, 2003 or the City would have the work done pursuant to the Untidy Premises By-law at the owner's expense. Staff will update Council on the status of this order at the Committee Meeting.

The condition of the site and building is in violation of the Standards of Maintenance, Untidy Premises and Vancouver Building and Zoning By-laws. It is detrimental to the neighbouring property owners who are upset and frustrated with this ongoing situation. The unsightly condition of the property is also visible from passengers on the sky train as it passes by.

The owner has advised staff that the condition of his property reflects his lifestyle and has indicated that he intends to continue storing vehicles and materials at this location.

It is therefore recommended that City Council declare the condition of the property a nuisance and the dilapidated exterior fire escape dangerous and order the property owner to repair the exterior fire escape and 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 failure to 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 2031 Stainsbury 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 2031 Stainsbury Avenue, Lot 7 Block 6 to 8 District Lot 195, Plan 1976, PID 014-138-301 is declared to be a nuisance and the dilapidated fire escape at the rear of the building on this property is dangerous pursuant to Section 324A of the Vancouver Charter

2. THAT the Registered owner of the property is hereby ordered to repair the fire escape and 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 the exterior fire escape repaired and 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 comply with the order of Council and/or 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 2031 Stainsbury Avenue 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 2031 Stainsbury Avenue in order to warn prospective purchasers that there are violations of the Vancouver Building, Standards of Maintenance and Untidy Premises By-laws related to this property and that there is an order of Council against the property.

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