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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
February 25, 2004 | |
Author: |
C. Robbins | |
Phone No.: |
873-7535 | |
RTS No.: |
04024 | |
CC File No.: |
2701 | |
Meeting Date: |
March 25, 2004 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
City Building Inspector |
SUBJECT: |
Nuisance and Dangerous Building at 1942 West 2nd Avenue |
A. THAT Council declare that the building at 1942 West 2nd Avenue, Lot 12, Block 226, District Lot 526, Plan 590 PID 015-287-327 is 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 property owner to pull down and demolish the building and to 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
C. THAT in the event that the owner fails to comply with this order of Council, 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
D. 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 (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 at 1942 West 2nd Avenue, 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
E. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 1942 West 2nd Avenue, in order to warn prospective purchasers that there are violations of the Vancouver Building, Electrical and Standards of Maintenance By-laws related to this property and that there is an order of Council against the property
GENERAL MANAGER'S COMMENTSThe General Manager of Community Services RECOMMENDS approval of the foregoing.
COUNCIL POLICYSection 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.
BACKGROUNDThis building is approved as a single family dwelling. In November of 2003, this department received a number of petitions from neighbouring residents concerning the deplorable condition of the building and the illegal activities occurring in and around the building. Vancouver Police advised that they had made over 35 calls to the residence in the span of a couple of months.
As a result of the complaints, a coordinated inspection of the building was carried out. The inspection revealed that the building was unfit for habitation due to the excessive amounts of garbage and human excrement throughout. The inspection also revealed that the electrical wiring in the building was in an extremely hazardous and unsafe condition. As a result, the City Electrician had the electrical services to the building disconnected, the building was vacated and a private contractor was hired to securely board-up the building.
The owner of the property was advised of the City's actions and attended a meeting with City Staff shortly after the closing of the building. Staff requested that the owner obtain a demolition permit, however, the owner claimed that he intended to carry out repairs. He was advised that if he wished to re-occupy the building he was required to go through the special inspection and re-occupancy process.
To date, the owner has not submitted application for the re-occupancy process.
In addition, we were advised by the Accounting Department that the owner failed to pay for the costs of boarding-up his building, consequently, those charges have been applied to his property taxes.
DISCUSSIONThis building is in a deplorable condition and cannot be re-occupied without extensive repairs being carried out. In its present state, it is a detriment to the neighbourhood.
CONCLUSIONIt is recommended that City Council declare that this building is a nuisance and dangerous to public safety 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, Electrical and Standards of Maintenance By-laws and that there is an order of Council against the property.
In the Matter of Section 324A of the
Vancouver Charter and 1942 West 2nd Avenue
RESOLUTION
Be it resolved by the Council of the City of Vancouver:
1. THAT the building at 1942 West 2nd Avenue, Lot 12, Block 226, District Lot 526, Plan 590 PID 015-287-327 is a nuisance and dangerous to public safety pursuant to Section 324A of the Vancouver Charter
2. THAT the owner is hereby ordered to pull down and demolish the building and to 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 that the owner fails to comply with this 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 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 1942 West 2nd Avenue, 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 1942 West 2nd Avenue, 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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