ADMINISTRATIVE REPORT

TO:

Standing Committee on Planning and Environment

FROM:

City Building Inspector

SUBJECT:

Dangerous Building at 2071 East 35th 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

On September 2, 2003 the Vancouver Fire Department attended a fire at this single family dwelling that was reported by one of the neighbouring residents. Upon inspection, the Fire Department discovered that the building appeared to be used as a drug lab. There was no furniture in the house and no one was present in the building. The neighbouring houses on both sides and three houses immediately north of the building were evacuated for safety concerns.

After extinguishing the fire, the Fire Department left the premises, requested that BC Hydro disconnect the electrical services and called in the Vancouver Police drug squad. Staff from the Environmental Protection Branch, Health Canada and hazmat were called to the scene. Re-entry of the building occurred after the Police had obtained a search warrant.

Investigation revealed that the chemicals in the house were those used to manufacture Ecstasy. Chemicals were found in closets in the fridge and in the freezer. The basement floor was covered with a tarry residue and the solvents containing chemicals had condensed on the walls inside the building. The entry team had to be decontaminated.

The lab was dismantled by Police and Health Canada and a chemical disposal company was called to remove the chemicals and other wastes after the Police had completed their investigation.

Upon completion of the investigation and clean up, the Engineering Department was called in to securely board-up the building. It was reported that there is extensive smoke and water damage to the interior of the building. The building was posted with a "Not Safe to Occupy" Notice.

Police and City staff have tried to contact the property owner but have been unsuccessful. The Land Title records indicate that the owner lives at this residence, however the lack of furniture in the house indicates otherwise.

Written notice has been sent to the property owner advising that the building may not be re-occupied until the owner obtains the services of an Environmental Consultant to inspect the building and confirm that there is no residual contamination and/or health issues associated with the use of the building as an ecstasy lab. The owner was also advised that he will be required to have a coordinated inspection carried out by the District Inspectors and that he will be required to obtain a re-occupancy permit prior to moving back into the building.

There has been no response from the property owner to the City's order.

After issuance of the order, City staff received a complaint from neighbouring residents that the building had been broken into. A site inspection confirmed that the building was open to the public. The City therefore hired a private contractor to securely board up the building and the costs of the board up will be billed to the property owner.

DISCUSSION

The use of this building as a clandestine lab has resulted in a dangerous situation for the neighbouring properties. The building in its present state is damaged, unsafe and a risk to public health due to possible contamination and the owner cannot be located.

It is therefore recommended that City Council declare that this building is dangerous to public safety and a nuisance and order the property owner to pull down and demolish the building and provide a chain-link fence around the perimeter of the site. It is also recommended that the City Building Inspector and/or his designate be authorized to have the work done or to request that the Director of Legal Services seek injunctive relief to have the work done in the event that the owners fail to do so.

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 is a risk to public health due to the possible contamination of the building, there are violations of the Vancouver Building, Electrical and Standards of Maintenance By-laws and there is an order of Council against the property.

In the Matter of Section 324A of the

Vancouver Charter and 2071 East 35th 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 building at 2071 East 35th Avenue, Lot B of Lot 11 North l/2 of Block 1 District Lot 394 Plan 1845 PID 014-654-911 is dangerous to public safety and a nuisance pursuant to Section 324A of the Vancouver Charter

2. THAT the Registered owner is hereby ordered to pull down and demolish the building and provide a chain-link fence around the perimeter of the property 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 , in his discretion, to carry out the work outlined in paragraph 2 above pursuant to Section 324A(2) of the Vancouver Charter.

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 building located at 2071 East 35thAvenue, and may, in her discretion, seek injunctive relief in that action or proceeding in order to bring the building and site into compliance with the 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 2071 East 35th Avenue in order to warn prospective purchasers that there is a risk to public health due to the possible contamination of the building and that there are violations of the Vancouver Building, Electrical and Standards of Maintenance By-laws related to this property.

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