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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
February 25, 2005 | |
Author: |
C. Robbins | |
Phone No.: |
873-7535 | |
RTS No.: |
04969 | |
CC File No.: |
2701 | |
Meeting Date: |
March 17, 2005 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
City Building Inspector |
SUBJECT: |
Nuisance and Dangerous Building at 227 East 28th Avenue |
A. THAT Council declare that the building at 227 East 28th Avenue, Lot 7 Blocks 38 & 39 District Lot 632 Plan 1304, PID 014-683-245 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 227 East 28th 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 227 East 28th Avenue, in order to warn prospective purchasers that there are violations of the Standards of Maintenance and Vancouver Building By-law 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.
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.
PURPOSE
That Council declare the building at 227 East 28th Avenue a nuisance and dangerous to public safety and order the registered owner to demolish the building and provide a chain-link fence around the property.
This is a single family dwelling that was constructed prior to 1945. In November of this year, the District Property Use Inspector attended the building in response to a complaint. The inspector observed that the building was vacant and in the process of being vandalized. The front and rear doors were not secured and fell over when touched. Windows were broken and interior walls and fixtures were damaged. There were two males inside the house in the process of scavenging that were ordered to leave by the inspector. The inspector also observed that the water pipes had been broken and water was running inside the house.
The inspector arranged for the Engineering Department to shut off the water and had the building boarded-up.
The owner was notified in writing of our actions and was advised that she was responsible for all costs incurred in performing this work. Because of the poor condition of the building and its detrimental effect on the neighbouring properties, the owner was asked to obtain a demolition permit and demolish the building. The owner has refused to demolish the building and has indicated that she would like to have the option of repairing the house, however, to date, no applications for repairs to the building have been submitted.
A re-inspection of the building on February 24, 2005 revealed that it was again open and accessible to transients. The inspector contacted the brother of the owner by phone and advised him that the building must be boarded-up securely. A recheck on the 25th of February revealed that the owner had secured the building and that there is a for-sale by owner sign posted on the site.
This building in its present state is not habitable and would require significant repairs in order to be re-occupied. It is an attraction to squatters and vandals and is a detriment to the neighbourhood.
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. The filing of a 336D notice is also requested in order to warn prospective purchasers of the Nuisance designation and Council's order.
In the Matter of Section 324A of the
Vancouver Charter and 227 East 28th Avenue
RESOLUTION
Be it resolved by the Council of the City of Vancouver:
1. THAT the building at 227 East 28th Avenue, Lot 7 Blocks 38 & 39, District Lot 632, Plan 1304 PID 014-683-245 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 227 East 28th 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 227 East 28th 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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