Vancouver City Council |
ADMINISTRATIVE REPORT
Date: June 9, 2003
Author/Local: P .Hayes / 604-873-7787
RTS No.3428
CC File No. 2701Meeting Date: June 26, 2003
TO:
Standing Committee on Planning and Environment
FROM:
City Building Inspector
SUBJECT:
Demolition of Dangerous/Nuisance Building at 900 Woodland Drive
RECOMMENDATION
A. THAT Council declare that the building and site at 900 Woodland Drive, Lots 1 & 2,Block 24, District Lot 264A,Plans 378 and 1771, PID 013-843-591 & 013-843-613 are a nuisance and dangerous to public safety pursuant to Section 324A of the Vancouver Charter.
B. THAT Council approve the attached Resolution and order the Registered owner of the property to demolish the building and remove the resulting demolition debris and discarded materials from the site and provide a chain-link fence around the perimeter of the site, within 14 days of a copy of the resolution being served pursuant to Section 324A of the Vancouver Charter.
C. 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 work noted in Recommendation B above, carried out at the expense of the owner.
D. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 900 Woodland Drive in order to warn prospective purchasers that there is an order of Council against the property.
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 commercial building that is located directly adjacent to an elementary school. A review of our records indicates that this building has been vacant since 1995. Since that time it has frequently been occupied by squatters. The City has advised the owners on numerous occasions since 1999 that the building was not secure, and that access was being gained by squatters therefore required to be boarded up. As the owner did not comply with these requests , the City has had to hire private contractors to carry out the work at the owner's expense.
It was also reported that the squatters have been using candles for heat and light , thereby putting the building at risk of being set on fire. On March 19, 2003, the owner was advised that written confirmation was to be provided by April 10,2003 as to the development plans for the building / site as well as a proposal as to what steps will be taken to keep the building secure and empty of human occupation until such time as redevelopment. It was also noted that if there was no response from the owner that we would be bringing this matter to City Council to declare this property a Nuisance under the provisions of the Vancouver Charter.
DISCUSSION
The City has received no response from the property owner with respect to our recent correspondence.
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 By-law and are detrimental to the neighbouring residents and also creating a hazard being in such close proximity to the school.
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 Building By-law violation and Council's Resolution.
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In the Matter of Section 324A of the
Vancouver Charter and 900 Woodland Drive
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 900 Woodland Drive, Lot B, Except the East 7 Feet as shown on Plan 4094, Now Road, of Lots 1 and 2, Block 24, District Lot 264A, Plans 378 and 1771 , PID 013-843-591 & 013-843-613 are declared to be dangerous to public safety and a nuisance pursuant to Section 324A of the Vancouver Charter
2. THAT the registered owner of the property is hereby ordered to demolish the building and remove the resulting demolition debris and discarded materials and provide a chain-link fence around the perimeter of the site within 14 days of a copy of this resolution being served 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 owners
4. THAT the City Clerk is directed to file a 336D Notice against the Certificate of Title to the property at 900 Woodland Drive, in order to warn prospective purchasers that there are violations of the Vancouver Building By-law related to this property and that there is an Order of Council against the property.
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