|
CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
November 3, 2004 | |
Author: |
C. Robbins | |
Phone No.: |
873-7535 | |
RTS No.: |
04654 | |
CC File No.: |
2701 | |
Meeting Date: |
December 16, 2004 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
City Building Inspector |
SUBJECT: |
Nuisance and Dangerous Building at 853 East Georgia Street |
RECOMMENDATION
A. THAT Council declare that the building at 853 East Georgia Street, Lot 29, Block 82, District Lot 181, Plan 196 PID 015-567-761 is a nuisance and dangerous to public safety and health 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 853 East Georgia 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 853 East Georgia Street, in order to warn prospective purchasers that there are violations of the Vancouver Building, Fire 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, 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
This is a single family dwelling that was constructed on or before 1941.
Our records indicate that this building has been vacant for at least six years. Complaints from neighbouring residents indicate that when the building was vacated, the power was disconnected, however, none of the belongings in the building were removed and there was food left that spoiled causing a terrible odour and an infestation of rodents.
Recent complaints also referred to the poor condition of the building and concerns about the structural stability of the chimney.
The District Inspectors recently carried out an inspection of the building and reported the following:
1. the roof is in very poor repair and the gutters along the east and west elevations are falling away from the building;
2. the interior of the building is in very poor condition. Entry into many of the rooms was either difficult or not possible due to the excessive amounts of combustible materials such as furniture, household items, clothing and garbage stored in the building;
3. floors and contents were heavily covered with rodent droppings;
4. portions of the plaster ceilings have come down in sections due to water leakage;
5. the roof over the rear porch has partially collapsed due to water damage and the rear stairs are rotten.
The inspectors also observed that the building is of combustible construction, is not sprinklered and is in close proximity to the property line and adjacent occupied buildings.
The Fire Chief confirms that the unauthorized use of the building for storage of excessive amounts of combustible components and the close proximity to the property line could create a life safety concern in the event of a fire and is in contravention of Clauses 21221 a) and b) of the Fire By-law.
Staff discussed these concerns with the property owner and have requested that the building be demolished, however, the owner has not taken any steps to resolve the situation or to redevelop the property.
DISCUSSION
This building is in a deplorable condition and cannot be re-occupied without extensive repairs being carried out. In its present state, it is a fire and health hazard and 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 health and order the building to be demolished. It is further requested that the owner be ordered to provide a chain-link fence around the site after the demolition, to prevent dumping. Council is also requested to authorize the City Building Inspector and/or his designate 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, Fire 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 853 East Georgia Street, Lot 20, Block 82, District Lot 181 Plan 196 PID 015-567-761 is a nuisance and dangerous to public safety and health 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 853 East Georgia 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 853 East Georgia, 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.
* * * * *
