ADMINISTRATIVE REPORT

Date: March 10, 1999

Author/Local: C.Robbins/7535

RTS No. 00602
CC File No. 2701-1

P&E: 25 March 1999

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Nuisance Building - 1977 Harrison Drive

RECOMMENDATION

A. THAT Council declare that the building and accessory buildng at 1977 Harrison Drive (Lot 18, Block 21, District Lot Fraserview) are 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 remove the building and accessory building and all demolition debris from the site 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 hereby authorizes the City Building Inspector to have the building and accessory building and all demolition debris removed 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 1977 Harrison Drive, in order to warn prospective purchasers that as a result of the condition of the buildings and 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 A, B, C and D.

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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, lessee 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.

DISCUSSION

This is a single-family dwelling with an accessory building at the rear. The principle building was constructed in 1949. It has been vacant for approximately two years. Since that time, the City has received numerous complaints from neighbouring residents about the unsightly condition of the site and the accessiblity of the buildings to transients. We have issued several orders to the property owner requiring that the building and accessory building be boarded-up, that rubbish and discarded materials be removed from the site and that the overgrowth of grass and weeds be cut. Because the owner failed to comply with a previous clean up order, the City hired a private contractor to do the work at the owners expense. The building in its present state is not habitable and would require repairs under permit prior to reoccupancy.

The owner of the property has not demonstrated his willingness or ability to adequately maintain the building, accessory building or property.

It is therefore recommended that City Council declare the building and accessory building on this property a nuisance and order the owner to remove the buildings and all demolition debris.

It is further recommended that a 336D Notice be filed against the Title to the property in order to warn any prospective purchasers of Council's order.

In the Matter of Sections 324A and 336D of the

Vancouver Charter and 1977 Harrison Drive

RESOLUTION

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

1. THAT the building and accessory building situated at 1977 Harrison Drive, Lot 18

Block 21, District Lot Fraserview, are declared to be a nuisance.

2. THAT the owner is hereby ordered to pull down the building and accessory building

and remove the resulting debris and discarded materials from the site 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 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 the building and accessory building and remove the resulting debris and discarded material from the site at the cost of the owners and dispose of it 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 1977 Harrison Drive, 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