Agenda Index City of Vancouver

ADMINISTRATIVE REPORT

TO: Standing Committee on City Services and Budgets

FROM: City Building Inspector

SUBJECT: Demolition of Nuisance/Dangerous Principal and Infill Buildings

RECOMMENDATION

GENERAL MANAGER'S COMMENTS

The General Manager of Community Services RECOMMENDS approval of A to D.

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 site contains two buildings as follows:

Principal Building (at front) - approved as a multiple dwelling containing 1 dwelling unit and 3 housekeeping units

Infill Building (at rear) - approved as a one family dwelling (constructed in 1957)

The buildings have been extensively damaged by fire and are currently vacant and boarded-up.

A review of the history of this property indicates that since March of 1995, the City has received complaints about the untidy condition of the site and the fact that there was an illegal suite in the basement of the principal dwelling. Several orders were issued to the property owner requiring that discarded materials and rubbish be removed from the site and
that the illegal occupancy of the basement be discontinued. In addition, a report from the Vancouver/Richmond Health Board (Appendix B) indicates that since April of 1995, there have been several complaints and violations of the Health Act in these buildings due to unsanitary conditions, sewer blockages, cockroach infestation and disconnection of electrical services.

In June of 1998, both buildings suffered extensive fire damage and were vacated and boarded-up by the City. The owner of the property was advised in writing that the buildings in their present state were not permitted to be occupied until permits were obtained to carry out the necessary repairs.

Since that time, the City has received numerous complaints from the neighbouring residents concerning the presence of squatters in the buildings and intravenous needles scattered around the site.

Attached, for Council's consideration, is a petition (Appendix C) from the neighbouring residents that was submitted to the Vancouver Police Department requesting that the houses be demolished because of their unsightly condition, the presence of vagrants, drug dealers and prostitutes seen in and around the buildings, garbage in the lane and at the back of the site and the potential fire hazard that the buildings create.

It is therefore recommended that City Council declare the principal and infill dwellings on this property a nuisance and dangerous to public safety and order the owner to demolish the
buildings and remove all demolition debris from the site.

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 resolution.

APPENDIX A

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

l. THAT the principal and infill dwellings situated at 539 East 7th Avenue, Lot 18, Block 101, District Lot 264A Plans 442 and 1771 are declared to be a nuisance and dangerous to public safety

2. THAT the owner is hereby ordered to pull down and demolish the principal and infill dwellings 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 and demolish the principal and infill buildings and remove the resulting debris and discarded materials from the site at the cost of the owner 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 539 East 7th Avenue, 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.

ATTACHMENTS TO THIS DOCUMENT THAT DO NOT HAVE ELECTRONIC COPY ARE AVAILABLE ON FILE IN THE CITY CLERK'S OFFICE

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cs990708.htm

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