ADMINISTRATIVE REPORT

TO:

Standing Committee on Planning and Environment

FROM:

City Building Inspector

SUBJECT:

Nuisance Property at 3570 W 33rd Avenue

 

RECOMMENDATION

GENERAL MANAGER'S COMMENTS

The General Manager of Community Services RECOMMENDS approval of the foregoing.

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 prior to 1961. A review of our records for this property shows that the City has dealt with the property owner, Maxine Morrison, since 1997. The dealing have been in regards to the ongoing use of the site by her son, Drew Morrison, for storage of debris, miscellaneous parts , materials and numerous wrecked/dismantled and/or unlicensed vehicles.

The neighbouring residents have complained numerous times, over the years, in regards to all the debris and miscellaneous items strewn in the rear yard and under the carport etc, and also with their concerns that the son is operating a salvage business and using his mothers home to store salvaged items.

The District Property Use Inspector reports that the carport at the rear of this site is full of debris and discarded materials all piled on top of two cars, the debris includes : car tires, broken furniture, car parts, clothing, broken chairs, discarded lumber and pieces of wood.

It should be noted that there is a tenant now living in this building and that we have been informed that Maxine Morrison is living in a retirement home and that her son Drew Morrison is in hospital recovering from a stroke.

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 who are upset and frustrated with this ongoing situation. They are also fearful of the risk of fire in the carport area and the increased sightings of rodents.

It is therefore recommended that City Council declare the condition of this 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 hisfailure 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 3570 West 33rd 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 3570 W 33rd Avenue, Lot 9, Block 43, District Lot 2027 Plan 3405 PID 009-146-202, 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 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 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 3570 West 33rd 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 3570 West 33rd Avenue in order to warn prospective purchasers that there are violations of the 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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