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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
August 4 2004 | |
Author: |
C. Robbins | |
Phone No.: |
873-7535 | |
RTS No.: |
04470 | |
CC File No.: |
2701 | |
Meeting Date: |
September 16, 2004 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
City Building Inspector |
SUBJECT: |
Nuisance and Dangerous Building at 7238 Knight Street |
RECOMMENDATION
A. THAT Council declare that the building at 7238 Knight Street, Lot 47, Except the West 7 feet now road, Blocks 29 to 31, District Lot 200 Plan 1770 PID 013-808-729 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 owners 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 owners fail 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 owners 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 7238 Knight 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 7238 Knight Street, in order to warn prospective purchasers that there are violations of the Vancouver Building, Electrical and Standards of Maintenance 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, 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 is a single family dwelling that was constructed in 1949. It is located in an RS-1 Single Family Dwelling District.
In August of 2002, the building was closed by Vancouver Police and City Inspectors because it was being used as an illegal marijuana grow operation. The owners of the property were advised at that time to submit application for inspection of the building to determine the requirements for re-occupancy. However, no application was submitted and the building remained vacant and unattended.
Since the closure of the building, the City has received numerous complaints from neighbouring residents about the untidy condition of the site and the building being open and accessible to transients. Several orders were issued and private contractors were hired to clean up the site and board-up the building at the expense of the owners.
In January of this year, the owners applied for the special inspection permit to determine the requirements for re-occupancy of this building. However, to date, they have not applied for the required permits for repairs to this building.
It is noted that the building has been up for sale for approximately three months but has not sold to date.
DISCUSSION
There have been numerous complaints regarding the appearance of the building and the untidy condition of the yards. The building cannot be re-occupied without extensive repairs being carried out and has been neglected by the property owners. 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.
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 and property is in violation of the Vancouver Building, Electrical, Standards of Maintenance and Untidy Premises By-laws and that there is an order of Council against the property.
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