ADMINISTRATIVE REPORT

Date: July 2, 1999
Author/Local: C. Robbins/7535
RTS No. 00863

CC File No. 2701-1

P&E: July 22, 1999

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Demolition of Nuisance/Dangerous Building at 455 East 6th Avenue

RECOMMENDATION

A. THAT Council declare that the above building at 455 East 6th Avenue (Lot 11, E. 33ft, Block 88, District Lot 264A, Plans 268 and 1771) is a nuisance and dangerous to public safety, pursuant to Subsection 324A of the Vancouver Charter.

B. THAT Council approve the attached Resolution and order the Registered Owner of the property to pull down and demolish the building at 455 East 6th Avenue and remove all demolition debris from the site within 14days 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 authorizes the City Building Inspector to have the building at 455 East 6th Avenue demolished and have 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 455 East 6th Avenue, in order to warn 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 Resolution was enforced against him.

GENERAL MANAGER'S COMMENTS

The General Manager of Community Services RECOMMENDS approval of A, B, C and 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 a two-family dwelling that has been damaged by fire and is currently vacant and boarded-up.

A review of our records for this property reveals that the current property owner has owned the property since January of 1994. Since that time, the City has received numerous complaints about the untidy condition of the site, the poor maintenance of the building and the fact that there was an illegal suite in the basement. Several orders were issued to the owner requiring that overgrowth be cut, discarded materials and debris be removed from the site and that the standards of maintenance violations in the building be corrected. With respect to the occupancy of the building, the records indicate that the owner would have the basement suite vacated when ordered by the City; however, within a couple of months following the City's order, a reinspection would reveal that the suite was again occupied.

In March of this year, the building was damaged by fire. The owner was subsequently notified on March 23, 1999, that reoccupancy of the building would not be permitted until the required building and electrical permits had been obtained and the building was brought into compliance with the Vancouver Building, Electrical and Standards of Maintenance By-laws.

On April 7, 1999, resulting from a complaint that transients had gained entry into the building, the City hired a contractor to securely board-up the building at the owner's expense.

Attached, for Council's consideration, is a petition from the neighbouring residents that was submitted to the Mount Pleasant Community Policing Centre requesting that this house be demolished because of the condition of the property, history of poor tenants, and the owner's apparent unwillingness to take the necessary steps to properly maintain the building and site.

It is therefore recommended that City Council declare the building on this property a nuisance and dangerous to public safety and order the owner to demolish the building 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.

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

Vancouver Charter and 455 East 6th Avenue

R E S O L U T I O N

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

1. THAT the building situated at 455 East 6th Avenue, Lot 11 E 33 ft, Block 88, District Lot 264A, Plans 268 and 1771, is declared to be a nuisance and dangerous to public safety.

2. THAT the owner is hereby ordered to pull down and demolish the building and remove the resulting debris and discarded materials from the site within 14days 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 building 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 455 East 6th 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.

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(c) 1998 City of Vancouver