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.