ADMINISTRATIVE REPORT
Date: 1996 June 14
File No.
331E38
TO: Vancouver City Council
FROM: City Building Inspector
SUBJECT: Demolition of Nuisance/Dangerous Building
331 East 38th Avenue
RECOMMENDATION
A. THAT Council declare that the above building 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 Registered owner of the property to remove the
building and all demolition debris from the site within
14 days of a copy of the resolution being served
pursuant to Section 324A of the Vancouver Charter.
C. THAT in the event of the failure of the owner to comply
with the order of Council as set forth in paragraph B,
Council further orders and hereby authorizes the City
Building Inspector to have the building and all
demolition debris removed at the expense of the owner.
D. THAT the City Clerk be directed to file a 336D Notice
Against the Certificate of Title to the Property at 331
East 38th Avenue in order to warn prospective
purchasers that as a result of the condition of the
building and Council's resolution, the purchaser could
suffer a significant expense if the By-law were
enforced against him.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS
approval of A, B, C and D.
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.
RE: Demolition of Nuisance/Dangerous Building
331 East 38th Avenue
DISCUSSION
This site contains a single family dwelling that has been vacant
since it was damaged by fire in 1986.
Since that time this Department has received complaints regarding
the unsightly appearance of the dwelling, debris and discarded
materials on site as well as the building being open and
accessible to transients.
The City has issued several orders pursuant to the Vancouver
Building By-law, Standards of Maintenance By-law and Untidy
Premises By-law.
To date there has been no application for redevelopment submitted
for this site.
On May 28 a letter was sent to the registered owners requesting
that they obtain a demolition permit and demolish the building by
June 11, 1996.
However, the owners have not complied with this request.
Because of the foregoing, it is recommended that Council declare
the building at 331 East 38th Avenue a nuisance or dangerous to
public safety, or both, approve the attached Resolution and order
the owner to remove the building and all demolition debris. It is
also recommended that City Council approve the filling of a 336D
Notice against the title of the property to warn any prospective
purchasers of the Resolution of Council.
* * * * *
In the Matter of Section 324A of the
Vancouver Charter and 331 East 38th Avenue
RESOLUTION
Be it Resolved, by the Council of the City of Vancouver:
1. THAT the building and discarded materials situated on the
properties at 331 East 38th Avenue, Lot 26, Block 4,
District Lot 639 E Ptn, Plan 1725 is declared to be a
nuisance and to be dangerous to public safety.
2. THAT the owners are hereby ordered to pull down the building
and remove the resulting debris and the discarded materials
from the site within 14 days of the date from a copy of
this Resolution being served pursuant to Section 324A of the
Vancouver Charter.
3. THAT in the event that the owners do not comply with the
order set forth in the preceding paragraph, the City
Building Inspector is hereby ordered and authorized to pull
down the building and remove the resulting debris and
discarded material from the site at the cost of the owners
and dispose of it by selling to the demolition contractor
any material he may agree to purchase, and delivering the
rest to a disposal site.