Supports Item No. 1
P&E Committee Agenda
March 16, 2000

ADMINISTRATIVE REPORT

Date: February 23, 2000
Author/Local: C. Robbins/7535
RTS No. 01312
CC File No. 2701-1
P&E Date: March 16, 2000

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Nuisance Building at 2549 Fraser Street

RECOMMENDATION

A. THAT Council declare that the condition of the building and site at 2549 Fraser Street (Lot A of 13 to 15 of B, Block 156, District Lot 264A, Plans 390 and 177l PID 008-132-488) 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 board-up the broken windows in this building with painted plywood, cut to fit inside the openings, and to provide a chain-link fence around the perimeter of the property 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 authorizes the City Building Inspector to have the broken windows boarded-up with painted plywood, cut to fit inside the openings, and to provide a chain-link fence around the perimeter of the property 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 2549 Fraser Street, 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.

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 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 the building or structure 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 prospective 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 building was extensively damaged by fire in 1991. Because of the unacceptable condition of the building and site and its detrimental effect on the neighbourhood, City Council declared the building a nuisance in the fall of 1994 and required that it be demolished.

Following Council’s order, the owner of the property retained legal counsel and commenced an action in Supreme Court to have the resolution set aside. As a result of the owner’s actions, the resolution was set aside. The owner obtained a Development Permit and Building Permit BU400302 on August 3, 1995 to complete the fire repairs and alter the building to provide three dwelling units.

Since the issuance of the Building Permit, construction work has been sporadic. In August of 1998, the owner was warned that unless active construction resumed, the permit would expire. There was no response to the City’s letter and the Building Permit expired on October 8, 1999. The related Development Permit No. DE400040 is also null and void.

DISCUSSION

This department has received complaints from neighbouring residents about the unfinished condition of the building. In its present state, the building is unfinished, has only been framed on the inside, some of the windows have been broken, there are no guards or handrails on the stairs and the site is not fenced. Debris and discarded materials are occasionally being dumped on the site and it is being frequented by transients and undesirables. The building and site are in contravention of the Standards of Maintenance,
Vancouver Building and Untidy Premises By-laws.

The property owner has been unresponsive to the City’s letters and telephone calls on this matter.

It is recommended that City Council declare the building and site a nuisance and order the owner to board-up the broken windows with painted plywood, cut to fit the openings and to provide a chain-link fence around the perimeter of the property to deter dumping and other undesirable activities.

It is also recommended that a 336D Notice be filed against the Certificate of Title to the property in order to warn prospective purchasers that there are By-law violations and an Order of Council against this property.

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In the Matter of Section 324A of the

Vancouver Charter and 2549 Fraser Street

R E S O L U T I O N

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

E. THAT the building and property at 2549 Fraser Street, Lot A of 13 to 15 of B, Block 156, District Lot 264A, Plans 390 and 1771, PID 008-132-488 are declared to be a nuisance.

F. THAT the owner is hereby ordered to board-up the broken windows in this building with painted plywood, cut to fit inside the openings and to provide a chain-link fence around the perimeter of the property within 14 days of a copy of this Resolution being served pursuant to Section 324A of the Vancouver Charter.

G. THAT in the event that the owner does not comply with the order set out in the preceding paragraph, the City Building Inspector is hereby ordered and authorized to have the work noted in the preceding paragraph carried out at the expense of the owner.

H. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 2549 Fraser 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