ADMINISTRATIVE REPORT

Date: November 3, 1999
Author/Phone: Carlene Robbins

873-7535

RTS No. 01114

CC File No. 999
P&E Date: December 2, 1999

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Nuisance Structure at 999 West 20th Avenue

RECOMMENDATION

A. THAT Council declare that the hoarding around the vacant site at 999 West 20th Avenue (Lot 36 Block 556 District Lot 472 Plan 1571) 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 remove the hoarding and replace it with a chain-link fence around the perimeter of 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 owners to comply with the order of Council, Council further orders and hereby authorizes the City Building Inspector to have the existing hoarding removed and replaced with a chain-link fence around the perimeter of 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 999 West 20th Avenue in order to warn prospective purchasers that as a result of Council’s Resolution, the purchaser could suffer significant expense if the order of Council were enforced against him.

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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 or structure, 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 or structure to be removed, pulled down, or otherwise dealt with by the owner, agent, leasee or occupier thereof, as Council may determine.

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.

BACKGROUND

The property at the above location is situated on a main thoroughfare and has been vacant since 1990. Since that time, the City has received continual complaints from neighbouring residents concerning the untidy condition of the property due to debris and discarded materials on site, overgrowth of grass and weeds and the fact that the hoarding around the site is continually falling down and is an eyesore due to the fact that it is plastered with flyers and notices.

The City has issued several notices each year to the property owners requiring that they maintain the property and secure the hoarding in accordance with the Untidy Premises and Vancouver Building By-laws. The City received no response from the property owners with respect to the orders issued and therefore hired private contractors to carry out the work at the owners’ expense. Our records further indicate that because the owners failed to pay the invoices, the amounts owing have been applied to the property taxes for this site every year.
In May of this year, a letter was sent to the owners outlining the City’s concerns about their lack of maintenance and advising them of their obligations as property owners to adhere to

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the By-laws affecting this property. They were requested to excavate the site in order to remove the overgrowth, fill the site to the grade level of the surrounding area, deposit gravel to prevent the growth of grass and weeds and to remove the unstable hoarding and replace it with a chain-link fence around the entire site.

The owners responded to the City’s letter and confirmed that they were in the process of obtaining estimates to have the work done. However, to date, they have not complied with the City’s request.

DISCUSSION

The issue of the unstable and unsightly hoarding around this site has been ongoing for up to ten years and is detrimental to the neighbourhood.

It is therefore recommended that City Council declare the hoarding around this site a nuisance and order the owners to remove the hoarding and replace it with a chain-link fence around the perimeter of the site.

It should also be noted that the property is currently listed for sale.

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

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In the Matter of Section 324A of the

Vancouver Charter and 999 West 20th Avenue

RESOLUTION

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

1. THAT the existing hoarding around the vacant property at 999 West 20th Avenue, Lot 36

Block 556 District Lot 472 Plan 1571 is declared to be a nuisance.

2. THAT the owners are hereby ordered to remove the hoarding from the site and replace

it with a chain-link fence around the entire perimeter of 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 remove the
existing hoarding from the site and replace it with a chain-link fence around the entire
perimeter of the site at the cost of the owners.

4. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to

the property at 999 West 20th Avenue 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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(c) 1998 City of Vancouver