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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
May 28, 2004 | |
Author: |
P.Hayes | |
Phone No.: |
873-7787 | |
RTS No.: |
04285 | |
CC File No.: |
2701 | |
Meeting Date: |
June 24, 2004 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
City Building Inspector |
SUBJECT: |
Nuisance and Dangerous Building at 3835-37 Main Street |
RECOMMENDATION
A. THAT Council declare that the building at 3835-37 Main Street, Lot A, Block 4, District Lot 630, Plan BCP8509 PID 025-801-368 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 3835-37 Main 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.
E. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 3835-37 Main Street, 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 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, lessee 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 building is a two family dwelling that was constructed prior to 1963. In May of 2003, this department received a complaint alleging deplorable conditions of the building and illegal activities occurring in and around the building.
As a result of the complaint, a coordinated inspection of the building was carried out. The inspection revealed that the building was unfit for habitation due to lack of a sprinkler and fire alarm systems, rot damage to several areas of the building, missing handrails, interior locks on bedrooms doors, inadequate fire separations, and general Standards of Maintenance and electrical issues. The building was ordered to be vacated and subsequent to our order the owners had the building vacated.
The owner of the property attended a meeting with City staff shortly after the closing of the building. At the meeting the owners advised staff that they had plans to demolish and redevelop the building on this site.
As a result of another complaint, our inspection services reported that a portion of the building was once again occupied. The owner claimed that there was no one living in the building. In November of 2003, as the deficiencies had not been corrected, the City Electrician had the power disconnected. The following day there was a fire in the building. Upon inspection, the District Building Inspector reported that the first storey and a portion of the second storey suffered significant fire damage to finishes with smoke and water damage to all areas.
In January of 2004 staff requested that the owner obtain a demolition permit, however, the owner claimed that he would not be demolishing the building until a settlement was reached with his insurance company. He was advised that he should fence off the yards to prevent others from using this site as a dumping ground as the site was heavily littered. Subsequently the City has had to hire a contractor on more than one occasion to clear the site of debris and garbage with an invoice being sent to the owners to cover these costs.
To date, the owner has not submitted an application for demolition of this building. The building remains in the same fire damaged state as it did in December of 2003.
DISCUSSION
There have been numerous complaints regarding the appearance of the building and the untidy condition of the yards. The building is in a deplorable condition and cannot be re-occupied without extensive repairs being carried out. The owner has confirmed that he has plans to redevelop this site and not keep the existing building, however, in its present state it is an eyesore and is a detriment to the neighbourhood.
CONCLUSION
It 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.
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