ADMINISTRATIVE REPORT

Date: October 20, 1999
Author/Local: Carlene Robbins, 873-7535
RTS No. 1100

CC File No. 2701-1
P&E Date: December 2, 1999

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Demolition of Nuisance/Dangerous Building at 58 - 62 West Hastings Street

RECOMMENDATION

A. THAT Council declare that the building at 58 - 62 West Hastings Street (Lots 7, 8 & 9 Block 29 District Lot 541 Plan 210) 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 owner 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 58 - 62 West Hastings 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.

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, 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.

BACKGROUND

The building at 58 - 62 West Hastings Street is a commercial building that has been vacant since 1991.

In 1997, this department conducted a survey of all vacant buildings in the downtown core. The inspection revealed that this vacant building was not being securely maintained and there was evidence that squatters had been gaining entry into the building. As a result, staff attempted on several occasions both in writing and by phone, to contact the property owners to discuss their concerns about the building. In March and June of 1998, the City had a private contractor again board up the building at the expense of the owners.

In June of 1998, staff of the Permits and Licenses Department and Legal Services, met with the owner’s representative, Mr. Chung, about the neglect and poor maintenance of the building. A draft Operating Agreement was proposed for the owner’s consideration. This agreement outlined specific steps that the owner’s were to undertake to ensure that the building remained vacant and secure. It also required that the owners hire a security firm tomonitor the building on a regular basis and report to the City Building Inspector weekly, on the status of the inspections. The owners did not choose to enter into this agreement.

Subsequent to the meeting, in August of 1998, the City received written notice from the property owners that they intended to demolish the building.

On September 8, 1998 Building Permit No. BU410208 was issued for the demolition.
However, although the permit was issued, the owner’s failed to carry out the demolition and in October of 1998, it was noted that the building was again open. The City hired a private contractor to re-board the building at the owner’s expense.

It should also be noted that the costs of the frequent boarding up of this building by the City were not paid by the owners and that the amounts owing were added to the real-property tax roll.

In November of 1998, the owners’ representative Mr. Chung, wrote to the City advising that the owners had decided not to demolish. Mr. Chung indicated that he would arrange a meeting to discuss the City’s requirements for properly securing the building, however, that meeting never occurred.

The City recently received another complaint about the unsightly condition of the building and it’s lack of security. An inspection confirmed that a portion of the exterior brick facing has been removed, leaving a large hole through which squatters could get into the building.

DISCUSSION

The neglect and deterioration of this building, together with the constant presence of squatters is detrimental to the neighbourhood and has created a hazardous condition. It is therefore recommended that City Council declare the building a nuisance and dangerous to public safety and order the owner 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 Resolution.

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

Vancouver Charter and 58 - 62 West Hastings 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 58-62 West Hastings Street, Lots 7, 8 & 9

Block 29 District Lot 541 Plan 210 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 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 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 debris and discarded materials from the site, at the cost of the owners and may dispose of the
debris by selling to the 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 58 - 62 West Hastings 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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(c) 1998 City of Vancouver