ADMINISTRATIVE REPORT

Date: July 14, 1999

Author/Local:C. Robbins/7535

RTS No. 00912
CC File No. 2701-1

P&E: July 29, 1999

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Nuisance Building - 5675 Churchill Street

RECOMMENDATION

A. THAT Council declare that the building at 5675 Churchill Street (Lot 9 of 9, Block 4, District Lot 526, Plan 5482) is a nuisance, pursuant to Section 324A of the Vancouver Charter.

B. THAT Council approve the attached Resolution and order the Registered owners of the property to demolish the building and remove 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 building demolished and have 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 5675 Churchill Street in order to warn prospective purchasers that as a result of the condition of the building and Council’s Resolution, the purchaser could suffer significant expense if the order of Council were enforced against him.

GENERAL MANAGER'S COMMENTS

The General Manager of Community Services RECOMMENDS approval of A to 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, 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 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.

DISCUSSION

This is a single-family dwelling that has been vacant for several years. Since that time, the City has issued orders to the property owner requiring that the building be boarded-up, that rubbish and discarded materials be removed from the site and that the overgrowth on the site be cut. A review of our records indicates that the property owners failed to comply with the orders and that the City hired a private contractor to carry out the work at the owner’s expense.

The building, in its present state, is not habitable and would require repairs under permit prior to reoccupancy.

The owners of the property have not demonstrated their willingness or ability to adequately maintain the building or property.

It is therefore recommended that City Council declare the building a nuisance and order the owners to demolish the building and remove all demolition debris from the site.

It is further recommended that a 336D Notice be filed against the Title to the property in order to warn any prospective purchasers of Council’s order.

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In the Matter of Sections 324A and 336D of the

Vancouver Charter and 5675 Churchill Street

R E S O L U T I O N

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

1. THAT the building situated at 5675 Churchill Street, Lot 9 of 9, Block 4, District Lot 526, Plan 5482, is declared to be a nuisance.

2. THAT the owner is hereby ordered to pull down and demolish the building and remove the resulting debris and discarded materials from the site within 14 days of the date of a copy of this Resolution being served pursuant to Section 324A of the Vancouver Charter.

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

4. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 5675 Churchill Street, in order to warn any prospective purchasers that as a result of Council’s Resolution, the purchaser could suffer a significant expense if theorder of Council were enforced against him.

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(c) 1998 City of Vancouver