|
CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
November 10, 2003 | |
Author: |
C. Robbins | |
Phone No.: |
873-7535 | |
RTS No.: |
03777 | |
CC File No.: |
2701 | |
Meeting Date: |
December 4, 2003 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
City Building Inspector |
SUBJECT: |
Nuisance Building at 5992 Battison Street |
RECOMMENDATION
A. THAT Council declare that the building at 5992 Battison Street, Lot 1, Block 10, District Lots 36 and 49, Plan 6782 PID 010-810-676 is a nuisance pursuant to Section 324A of the Vancouver Charter.
B. THAT Council approve the attached Resolution and order that the building be pulled down and demolished and require that a chain-link fence be erected 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.
C. THAT because the records indicate that the registered owners of the property are deceased, Council approve service of the order referenced in paragraph (B) above, to the Public Trustee's office, to the Lawyer representing the brother for the property owner and by posting a copy of the order on the building.
D. THAT in the event that the order of Council is not complied with, Council further orders and hereby authorizes the City Building Inspector, in his discretion, to carry out the work outlined in paragraph (B) above pursuant to Section 324A(2) of the Vancouver Charter.
E. THAT in the event of the failure of the parties involved to allow the City Building Inspector and/or his designate access to the site to carry out the work as outlined in paragraph (B) 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 a 5992 Battison Street, 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 and Council's resolution
F. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 5992 Battison Street, in order to warn prospective purchasers that there are violations of the Vancouver Building and Untidy Premises By-laws related to this property and 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
In September of 2002, there was an explosion and fire at this address. The property owners (husband and wife) were killed in the explosion. Their children and parents were also in the home at the time of the explosion, however, they escaped injury and appear to have left the Country. The inspection report at that time indicated that there was interior structural damage to the building resulting from the explosion.
Subsequent to the fire, City staff arranged to have the building boarded-up by a private contractor. Since that time, the City has received complaints from neighbouring residents about the building being open to the public as well as complaints that the yards are not being maintained in keeping with the Untidy Premises By-law. This department has hired private contractors to clean up the site and to re-board the building on two occasions.
DISCUSSION
Further investigation revealed that at present, there is no one responsible for the property.
The search from the Land Titles office indicates that there is no mortgage and staff confirmed through the Public Trustee's office that at this time no one has been appointed responsibility for the property. Staff were subsequently contacted by a lawyer who is representing the brother of one of the deceased. The brother lives in Dallas Texas and is in the process of applying to the Probate Court for control of the property. The lawyer is unsure of his client's future plans for the building.
In the meantime, the site has been neglected and the building is not being maintained in a secure condition. As a result, this vacant building appears to be an attraction to squatters and the site is being used for dumping of discarded materials.
CONCLUSION
The lawyer for the owner's brother has been advised that this report is being brought before Council and that the City is requesting that the building be demolished. The building in its present state is structurally damaged, unsafe and a detriment to neighbouring properties. It is therefore recommended that City Council declare that this building and site are a nuisance and order the building to be demolished and that a chain-link fence be provided around the site to prevent dumping. 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 if the situation is warranted.
Although the property is not currently listed for sale, it is further recommended that a 336D Notice be filed against the Certificate of Title to the property in order to warn prospective purchasers that the building is in violation of the Vancouver Building and Untidy Premises By-laws and that there is an order of Council against the property.
In the Matter of Section 324A of the
Vancouver Charter and 5992 Battison Street
RESOLUTION
Be it resolved by the Council of the City of Vancouver:
1. THAT the building and site at 5992 Battison Street, Lot 1, Block 10, District Lots 36 and 49, Plan 6782 PID 010-810-676 are a nuisance pursuant to Section 324A of the Vancouver Charter.
2. THAT the building is hereby ordered to be pulled down and demolished and that a chain-link fence must be erected 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 this order will be served to the Public Trustee's office, the lawyer who is
representing the brother of the deceased and a copy will also be posted on the building.
4. THAT in the event that this order of Council is not complied with, 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.
5. THAT in the event of the failure of the parties involved to allow the City Building Inspector and/or his designate access to the site to carry out the work as outlined in paragraph 2 above, the Director of Legal Services is hereby authorized, in her discretion, to commence a legal action or proceeding in relation to the building at 5992 Battison Street, and may, in her discretion, seek injunctive relief in that action or proceeding in order to bring the building and site into compliance with Council's order.
5. THAT the City Clerk is hereby directed to file a 336D Notice against the Certificate
of Title to the property at 5992 Battison Street, in order to warn prospective
purchasers that there are violations of the City By-laws related to this property and
that there is an order of Council against the property.
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