Agenda Index City of Vancouver

ADMINISTRATION REPORT

TO:

Standing Committee on Planning and Environment

FROM:

City Building Inspector

SUBJECT:

Nuisance/Dangerous Building at
3047 East 27th Avenue

 

RECOMMENDATION

GENERAL MANAGER'S COMMENTS

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 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 is a single family dwelling that was constructed in 1935. In 1972, a two storey addition was constructed to the front of the building.

In August of 1999, the neighbouring residents contacted the Police, Fire and Health departments because they had not seen the registered owner for approximately two months and they were concerned because that he may have died in the home. The inspection revealed that the building was not occupied, however, the interior was in a deplorable condition. The building was full of garbage, debris, human feces and waste and was virtually impassable. There was evidence of rats and mice. Accordingly, the Vancouver/Richmond Health Board declared the building unfit for habitation.

At the request of the Health Board, the City Building Inspector had the building boarded-up.

DISCUSSION

Our records reveal that the registered owner of this property is under the care of the Public Trustee and is in a personal care home.

A recent inspection by the District Property Use Inspector revealed that the sliding glass door at the front of the building had been broken and that the building was open and accessible to the public. Staff contacted the Public Trustee in the beginning of February about the broken door and were advised that the Trustee's office would have the building secured. However, a reinspection on February 29, 2000 revealed that the door had not been secured.

The Public Trustee has been sent written notice of our intentions to bring this matter before Council.

Consequently, the Field Supervisor of the Building Inspection Branch attended the site with a private contractor in order to have the building boarded-up. He reported that the interior of the building is still in a deplorable condition with garbage and debris piled several feet high. He noted that there were containers of rat poison in the rear yard and there was evidence of rat and mouse droppings inside.

RECOMMENDATION

Because of the foregoing, it is recommended that Council declare the building a nuisance and dangerous to public safety and health and order the owner to demolish the building and remove all demolition debris and discarded materials from the site.

It is further 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 3047 East 27th Avenue

R E S O L U T I O N

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

A. THAT the building situated at 3047 East 27th Avenue, Lot 8 Block 3 District Lot 48 SE Qtr. THSL Plan 1692 PID 009-306-765 is declared to be a nuisance and dangerous to public safety and health.

B. THAT the owner is hereby ordered to:

C. THAT in the event that the owner fails to comply with the order set forth in the preceding paragraph, the City Building Inspector is hereby ordered and authorized to carry out the necessary work to prepare the building and site for demolition and to pull down and demolish the building and remove the resulting demolition debris, discarded materials and garbage from the site at the cost of the owner. The City Building Inspector may dispose of the materials by selling to the demolition contractor any materials he may agree to purchase and will have the remainder delivered to a disposal site.

D. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 3047 East 27th 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.

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