Agenda Index City of Vancouver

ADMINISTRATIVE REPORT

TO:

Standing Committee on Planning and Environment

FROM:

City Building Inspector

SUBJECT:

Demolition of Nuisance Building at 169 East King Edward 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 building to be removed by the owner, agent, leasee or occupier thereof.

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, single family dwelling that was constructed in 1957. It is located in an RS-2 Zone that permits the construction of a two family dwelling.

A review of our records for this property indicates that the building has been vacant for several years. In June of 1995, the owner obtained a Building Permit to alter and convert the building to provide two dwelling units. However, work under this permit did not progress and the permit was expired in June of 1998.

Since that time the City has received several complaints from neighbouring residents about the unsightly condition of the property. We have issued several orders to the property owner requiring that the building be boarded-up and that the overgrown grass and weeds on the site be cut. Because the owner failed to comply with the City’s orders, the work was carried out by private contractors at the owner’s expense.

In October of 1999, the City wrote to the owner expressing concerns about her ability to maintain the property and requesting that she demolish the building. The City received no response to the letter.

On February 10, 2000, the District Property Use Inspector observed that the rear door of the building was open. An inspection of the interior revealed that extensive interior demolition work had been carried out and it appeared that some load bearing walls had been removed, resulting in a potentially unsafe condition. As a result of the inspection, the building was certified to be in an unsafe condition and was immediately boarded-up by the City.

DISCUSSION

In its present state and without any management or control being exercised by the property owner, the building is a nuisance and detrimental to the neighbourhood. It is in violation of the Vancouver Building, Standards of Maintenance and Untidy Premises By-laws. It was noted that the building is currently listed for sale.

It is therefore recommended that City Council declare the building a nuisance and order the owner to demolish the building, remove all demolition debris and provide a chain-link fence around the perimeter of the property to prevent trespass and/or dumping.

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.

- - - - -

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

A. THAT the building situated at 169 East King Edward Avenue, Lot 16, Block 6, District Lot 630, Plan 382 PID 005-483-921 is declared to be a nuisance.

B. THAT the owner is hereby ordered to pull down and demolish the building and remove the resulting demolition debris and discarded materials from the site and provide a chain-link fence around the perimeter of the property within 30 days of the date of a copy of this Resolution being served pursuant to Section 324A of the Vancouver Charter.

C. 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, and to provide a chain-link fence around the perimeter of the property, 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.

D. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 169 East King Edward 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 Bylaw, the purchaser could suffer a significant expense if the bylaw and/or the order of Council were enforced against him.

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