ADMINISTRATIVE REPORT

Date: January 28, 1998

Author/Local: C. Robbins/7535

CC File No.: 2701-1

TO: Vancouver City Council

FROM: The City Building Inspector

SUBJECT: Nuisance/Dangerous Building

209 - 211 East 58th Avenue

Pcl B of Amended Lot 8, Block 9, District Lot 656, Plan 2744

RECOMMENDATION

A.THAT Council declare that the above building and site are a nuisance and a danger to public safety and health, pursuant to Section 324A of the Vancouver Charter.

B.THAT Council approve the attached Resolution and order the Registered owner of the property to:

1)hire a pest control agency to take the necessary steps to rid the building and site of rodents and other pests in order to prepare the site for demolition;

2)obtain a demolition permit and pull down and demolish the building and remove all demolition debris, discarded materials and garbage from the site within 14 days of a copy of the Resolution being served pursuant to Section 324A of the Vancouver Charter;

AND

3)upon completion of item (2) above, provide a chain link fence around the perimeter of the property.

C.THAT in the event the owner does not comply with the order set forth in the preceding paragraph, the City Building Inspector is hereby ordered and authorized to carry out the necessary work to prepare the building and site for demolition and to pull down and demolish the building and remove the resulting demolition debris, discarded materials and garbage from the siteat the cost of the owner and may dispose of it by selling to the demolition contractor any material he may agree to purchase, and delivering the rest to a disposal site.

D.THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 209 - 211 East 58th Avenue, in order to warn any prospective purchasers that as a result of the condition of the building and site and Council's Resolution, the purchaser could suffer a significant expense if the Resolution were enforced against him.

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 an 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.

BACKGROUND

This site contains a two family dwelling that has been vacant for a number of years. It is situated on the north east corner of Main Street and 58th Avenue.

Our records for this property indicate that in April of 1995, the Vancouver Police Department evicted a number of transients from this building and had the building boarded-up by a private contractor.

Since that time, the City has issued numerous orders to the property owner requiring that the building be re-boarded, rubbish and discarded materials be removed and that the overgrown grass and weeds be cut.

The City has received several complaints from the neighbouring residents concerning the unsightly condition of this building and property.

In April and May of 1997, the City wrote to the owner requesting that she demonstrate her willingness and ability to properly maintain the building and property. Following that letter, the owner met with Ted Droettboom and the District Property Use Inspector on May 27, 1997 and was reminded of her responsibility with respect to her property pursuant to the Untidy Premises By-law and the Vancouver Building By-law. At that time the owner had indicated her willingness to demolish the building and was advised that the City would issue a demolition permit to her upon request.

However, since that meeting, there has been no improvement with respect to the maintenance of this building or property, no application for demolition permit submitted and no applications for redevelopment. The Police department advises that they were called to the site on September 3, 1997 with a complaint of vagrants having gained entry to the building and setting fires. In addition, as a result of another complaint, another order was sent to the property owner on September 30, 1997 (Appendix A contains copies of the most recent correspondence sent to the property owner). A recent inspection revealed that the building is again open to the public and the site again contains an accumulation of discarded materials including mattresses, clothing, wood, garbage and other debris. To alleviate the unsafe condition due to the fact that the building was open and accessible to transients, the City arranged for a private contractor to take immediate action to board-up the openings. Upon arriving at the site on January 28, 1997, the contractor and city inspector observed live and dead rats on site and were met by a group of concerned neighbours who asked what actions the City was going to take with respect to this property. The Health Department was contacted and conducted an inspection with the building inspector on January 29, 1998. As a result of the Health inspection, the building was declared unfit for human occupancy due to the accumulation of garbage and evidence of rodents.

DISCUSSION

Recent discussions with the neighbouring residents revealed that this building and property have been an ongoing problem for several years. The neighbours themselves have resorted to boarding up the building on occasion and have advised that there have been drug related activities on site.

RECOMMENDATION

Because of the foregoing, it is recommended that Council declare the building and property at 209 - 211 East 58th Avenue a nuisance or dangerous to public safety and health or both, and approve the attached resolution.

It is also recommended that the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 209 - 211 East 58th Avenue, in order to warn any prospective purchasers that as a result of the condition of the building and site and Council's Resolution, the purchaser could suffer significant expense if the Resolution were enforced against him.

* * * * *

In the Matter of Section 324A of the

Vancouver Charter and 209 - 211 East 58th Avenue

RESOLUTION

Be it Resolved, by the Council of the City of Vancouver:

1.THAT the building and site at 209 - 211 East 58th Avenue, Pcl B of Amended Lot 8, Block 9, District Lot 656, Plan 2744 is declared to be a nuisance and to be dangerous to public safety and health.

2.THAT the owner is hereby ordered to:

1)hire a pest control agency to take the necessary steps to rid the building and site of rodents and other pests in order to prepare the site for demolition;

2)obtain a demolition permit and pull down and demolish the building and remove all demolition debris, discarded materials and garbage from the site within 14 days of a copy of the Resolution being served pursuant to Section 324A of the Vancouver Charter;

AND

3)upon completion of item (2) above, provide a chain link fence around the perimeter of the property.

3.THAT in the event the owner does not comply with the order set forth in the preceding paragraph, the City Building Inspector is hereby ordered and authorized to carry out the necessary work to prepare the building and site for demolition and to pull down and demolish the building and remove the resulting demolition debris, discarded materials and garbage from the site at the cost of the owner and may dispose of it by selling to the demolition contractor any material he may agree to purchase, and delivering the rest to a disposal site.

* * * *

(c) 1997 City of Vancouver