ADMINISTRATIVE REPORT

Date: February 18, 1999
Author/Local:C. Robbins/7535

RTS No. 0547

CC File No. 2701-1

P&E: 25 March 1999

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Nuisance Properties - 2410 East 19th Avenue and 2418 East 19th Avenue

RECOMMENDATION

A. THAT Council declare that the condition of the properties at 2410 East 19th Avenue and 2418 East 19th Avenue (Lots 44 and 45, Block N, Sec 45, THSL Plan 11660) are a nuisance pursuant to Section 324A of the Vancouver Charter.

B. THAT Council approve the attached Resolution and order the Registered owners of the properties to cut the overgrowth and remove the dismantled vehicles, miscellaneous items and discarded materials from the sites 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 owners to comply with the order of Council, Council further orders and hereby authorizes the City Building Inspector to cut the overgrowth and have the dismantled vehicles, miscellaneous items and discarded materials removed from the sites at the expense of the owners.

GENERAL MANAGER'S COMMENTS

The General Manager of Community Services RECOMMENDS approval of A, B and C.

COUNCIL POLICY

Section 324A of the Vancouver Charter enables Council by Resolution or By-lawto declare any building or other matter or thing in or upon any private or public lands a nuisance or dangerous to the public safety or health and may by Resolution or By-law order that the same be removed by the owner, agent, lessee or occupier thereof.

BACKGROUND

The property at 2410 East 19th Avenue contains a single-family dwelling that was constructed in 1953 and has been vacant for several years. The next door property at 2418 East 19th Avenue was constructed in 1954 and is currently occupied by one of the owners. .
Since 1994 the City has received complaints from neighbouring residents about the unsightly condition of these properties. The sites are overgrown and contain a large accumulation of discarded materials such as used lumber, pots, an old barbeque, an old fridge, shelves and numerous other miscellaneous items including dismantled vehicles. Orders have been issued to the owners requiring that the sites be cleaned up and the overgrowth cut.

The properties are currently in violation of the Untidy Premises and Standards of Maintenance By-laws.

The property at 2418 East 19th is owned by Mary Tataryn. Her son, Edward Tataryn, owns the property at 2410 East 19th; however, his mother, Mary Tataryn, has a life interest in the property. Mrs. Tataryn resides at 2418 East 19th Avenue with her son John. Edward Tataryn lives in New Brunswick. Edward Tataryn, has expressed his willingness to comply with the City's orders; however, his ability to do so has been hampered due to distance and his mother's legal rights to the property.

Because the City's orders were not complied with, charges were laid in Provincial Court. In January of this year and the owner, Mrs. Tataryn, plead guilty in Court and was fined.

Despite the City's efforts, including meetings and telephone conversations with the owners, to date, there has been no improvement on the condition of the sites.

Because of the foregoing, it is recommended that Council declare the condition of the properties a nuisance and order the owners to cut the overgrowth and remove the dismantled vehicles and all miscellaneous and discarded materials.

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In the Matter of Section 324A of the

Vancouver Charter and 2410 East 19th Avenue and 2418 East 19th Avenue

RESOLUTION

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

1. THAT the condition of the proerties at 2410 East 19th Avenue and 2418 East 19th Avenue, Lots 44 and 45, Block N, Sec 45, THSL, Plan 11660, are declared to be a nuisance.

2. THAT the owners are hereby ordered to cut the overgrowth and remove the dismantled vehicles, miscellaneous and discarded materials from the sites 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 remove the accumulation of miscellaneous and discarded materials, cut the over-growth and remove the dismantled vehicles from the sites at the cost of the owners, and may dispose of the items by selling to a salvage contractor and/or automobile wrecker/recycler.

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(c) 1998 City of Vancouver