ADMINISTRATIVE REPORT

Date: December 20, 1999
Author/Local: C. Robbins/7535
RTS No. 01198

CC File No. 2701-1

P&E: February 24, 2000

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Demolition of Nuisance Building at 196 East 57th Avenue

RECOMMENDATION

A. THAT Council declare that the building at 196 East 57th Avenue (Lot 5 Except the North 7 Feet, Now Road, SE Part of Block 5 District Lot 656 Plan 4952 PID 004-404-980) is a nuisance 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 30 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 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 196 East 57th Avenue, 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.

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.

BACKGROUND

This is a vacant, two family dwelling that was constructed in 1947. It is located on the corner of 57th and Main. The building has been vacant for several years.

Over the past four years, the City has received numerous complaints from neighbouring residents about the unsightly condition of the property and the fact that the building has been open and accessible to transients.

The owner of the property lives in Prince Rupert, BC. Until about a year ago, the owner was very responsive to the City’s orders and phone calls concerning the condition of the building and site. A property manager was hired and the building and site were satisfactorily maintained. However, within the last year, complaints about the property have increased, there is no longer a property manager, the City’s orders have been ignored and staff have been unable to contact the owner by phone.

In addition, the City’s last invoice of $1,000 for clean-up of debris and discarded materials
from the site was unpaid and the charges have been applied to the tax roll.

DISCUSSION

The condition and appearance of the building and site have deteriorated significantly over the past several years and the property is an attraction to squatters. In its present state and without any management or control being exercised by the property owner, the building is detrimental to the neighbourhood. The property is in violation of the Vancouver Building, Standards of Maintenance and Untidy Premises By-laws

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

In addition, it is recommended that a 336D Notice be filed against the Certificate of 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 196 East 57^th Avenue

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 196 East 57^th Avenue, Lot 5 Except the North 7 Feet, Now Road, SE Part of Block 5, District Lot 656, Plan 4952, PID 004-404-980, 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 30 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 demolition debris and discarded materials from the site, at the cost of the owner 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 196 East 57^th Avenue, in order to warn any prospective purchasers that as a result of Council’s Resolution and the violations of the Vancouver Building, Standards of Maintenance and Untidy Premises By-laws, the purchaser could suffer a significant expense if the by-laws and/or the order of Council were enforced against him.

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(c) 1998 City of Vancouver