ADMINISTRATIVE REPORT

Date: October 21, 1998
Author/Local: C.Robbins/7535

RTS No.222
CC File No. 2701-1

TO:	Vancouver City Council
FROM:	City Building Inspector
SUBJECT:	Demolition of Nuisance/Dangerous Building - 421 Hawks Avenue
RECOMMENDATION

A. THAT Council declare that the building at 421 Hawks Avenue (Lots 21 and 22, Block 67, District Lot 181, Plan 196) 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 owners of the property at 421 Hawks Avenue to remove the rear infill 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, Council further orders and hereby authorizes the City Building Inspector to have the rear infill 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 421 Hawks 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.

BACKGROUND

This property consists of two single-family dwellings, located in the Strathcona Neighbourhood. The dwelling at the front of the property is a rental one-family dwelling that is currently occupied. This report deals with the vacant infill dwelling located at the rear of the property with a civic address of 421 Hawks Avenue (Lots 21 and 22, Block 67, District Lot 181, Plan 196).

DISCUSSION

Since November of 1997 to present, the Police Department have made 17 incident calls to this building. Some of those calls were due to complaints regarding the activities of the tenants.

Our records indicate that in July of 1998, the building suffered fire damage, was vacated and boarded up by the City in September of 1998. Since then, the Police have been called out on five occasions due to the fact that transients have gained entry into the building. The building has had to be vacated by the Police and reboarded by a private contractor at the owners' expense.

Another order was issued on September 14, 1998 to the property owners with respect to the untidy condition of the site. The owners complied with the order by removing the discarded materials.

The District Property Use Inspector, together with a Health Inspector and a Fire Prevention Officer, inspected the interior of the building on October 21, 1998. The inspection revealed that there has been major fire and smoke damage to the interior and roof, the interior is filthy and in disrepair, there is no water, heat or power to the building. As a result, the Health Inspector advises that the building is unfit for habitation.

Attached as Appendix A (limited distribution) are photographs of the exterior and interior of the dwelling. The owners to date have not indicated their intentions to repair or redevelop this property.

Given its poor condition, the fact that it is attracting vagrants and that staff are expending an inordinate amount of time responding to neighbourhood complaints associated with the building, it is recommended that Council declare the infill building at 421 Hawks Avenue a nuisance or dangerous to public safety or both, and order the owners of the property to remove the building and all demolition debris.

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In the Matter of Section 324A of the

Vancouver Charter and 421 Hawks Avenue

RESOLUTION

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

1. THAT the infill building situated at the rear of the property at 421 Hawks Avenue, Lots 21 and 22, Block 67, District Lot 181, Plan 196, is declared to be a nuisance and to be dangerous to public safety.

2. THAT the owners are hereby ordered to pull down the infill 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 infill 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.

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(c) 1998 City of Vancouver