ADMINISTRATIVE REPORT

Date: September 10, 1999
Author/Local: C. Robbins
RTS No. 00987

CC File No. 2701-1

P&E: September 23, 1999

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Nuisance Building 1249 East Pender Street Lot 11 W Hlf of 10 Block A District Lot 182 Plan 176

RECOMMENDATION

A. THAT Council declare that the building at 1249 East Pender Street 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 to demolish the building and remove all resulting
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 all resulting demolition debris
removed from the site 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 1249 East Pender Street, in order to warn any
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
order of Council were enforced against him

GENERAL MANAGER’S COMMENTS

The General Manager of Community Services recommends approval of the foregoing.

POLICY

Section 324A of the Vancouver Charter enables Council by resolution or by-law to
declare any building or any other matter or thing in or upon any private or public lands a nuisance or dangerous to public safety or health and by such by-law or

resolution, to order that building or thing to be removed or corrected 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 the City Building Inspector 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 to warn prospective purchasers of the violation.

BACKGROUND

This is a single family dwelling that was damaged by fire in November of 1998 and has been vacant and boarded-up since that time. The building is listed on the Heritage Inventory as a Heritage B building.

A review of our records for this property reveals that since 1996, the City has received complaints from neighbouring residents concerning the occupancy of the building, lack of maintenance and the untidy condition of the site. In May of 1998, the owners erected a large canvass tent structure that covered the entire rear of the property. The tent structure contained a large amount of discarded materials and was in violation of the Zoning and Development and Untidy Premises By-laws. The owners were ordered to remove the structure but failed to comply.

In November of 1998 the building suffered fire damage, was vacated and boarded-up.

Since that time, the condition of the building and site further deteriorated. The rear tent
was torn and ripped and partially collapsed. As a result, and because the owners failed to comply with the City’s order, the tent structure and discarded materials were removed from the site by a private contractor hired by the City at the owners’ expense. The costs of this work were not paid by the owners and have been applied to the tax roll.

In July of this year, the District Property Use, Building Inspector, Heritage Planner as well as a Fire Prevention Officer inspected the building and reported the following:

l. There is extensive fire damage to the 3rd storey and a portion of the 2nd storey
2. Structural members have been weakened
3. There are holes in the roof membrane
4. Floor joists are damaged, broken and in some cases missing
5. Wall studs are damaged
6. Exterior cladding is damaged
7. The rear deck is rotted and full of holes

It was also noted that the house is full of debris and discarded materials, some of which are combustible.

Because of the above, the building was certified to be in an unsafe condition and listed as an imminent danger and risk to firefighters.

The owners were subsequently ordered to demolish the building and was also put on notice that should a fire occur in the meantime, the Fire Department would take defensive action only and would not enter the building to fight the fire.

DISCUSSION

To date the owners have not complied with the order from the City.

It is therefore recommended that City Council declare the building a nuisance and dangerous to public safety and order the owners to demolish the building and remove all resulting 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.

* * * * *

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

Vancouver Charter and 1249 E Pender

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 1249 East Pender Street, Lot 11 W Hlf of 10 Block A District Lot 182 plan 176 is declared to be a nuisance and dangerous to public safety

2. THAT the owners are hereby ordered to pull down and demolish the building and remove the resulting demolition debris from the site within 14 days of 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 and demolish the building and remove the resulting demolition debris from the site at the cost of the owner 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 is directed to file a 336D Notice against the Certificate of Title

to the property at 1249 East Pender Street, in order to warn any prospective purchasers that as a result of Council’s Resolution, the purchaser could suffer a significant expense if the order of Council were enforced against him.

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