Agenda Index City of Vancouver

ADMINISTRATIVE REPORT

TO:

Standing Committee on Planning and Environment

FROM:

City Building Inspector

SUBJECT:

Demolition of Nuisance/Dangerous Building at
58 - 62 West Hastings Street

 

RECOMMENDATION

COMMENTS

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

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.

BACKGROUND

The building at 58 - 62 West Hastings Street is a commercial building that has been vacant since 1991.

In 1997, this department conducted a survey of all vacant buildings in the downtown core. The inspection revealed that this vacant building was not being securely maintained and there was evidence that squatters had been gaining entry into the building. As a result, staff attempted on several occasions both in writing and by phone, to contact the property owners to discuss their concerns about the building. In March and June of 1998, the City had a private contractor again board up the building at the expense of the owners.

In June of 1998, staff of the Permits and Licenses Department and Legal Services, met with the owner’s representative, Mr. Chung, about the neglect and poor maintenance of the building. A draft Operating Agreement was proposed for the owner’s consideration. This agreement outlined specific steps that the owner’s were to undertake to ensure that the building remained vacant and secure. It also required that the owners hire a security firm tomonitor the building on a regular basis and report to the City Building Inspector weekly, on the status of the inspections. The owners did not choose to enter into this agreement.

Subsequent to the meeting, in August of 1998, the City received written notice from the property owners that they intended to demolish the building.

On September 8, 1998 Building Permit No. BU410208 was issued for the demolition.
However, although the permit was issued, the owner’s failed to carry out the demolition and in October of 1998, it was noted that the building was again open. The City hired a private contractor to re-board the building at the owner’s expense.

It should also be noted that the costs of the frequent boarding up of this building by the City were not paid by the owners and that the amounts owing were added to the real-property tax roll.

In November of 1998, the owners’ representative Mr. Chung, wrote to the City advising that the owners had decided not to demolish. Mr. Chung indicated that he would arrange a meeting to discuss the City’s requirements for properly securing the building, however, that meeting never occurred.

The City recently received another complaint about the unsightly condition of the building and it’s lack of security. An inspection confirmed that a portion of the exterior brick facing has been removed, leaving a large hole through which squatters could get into the building.

DISCUSSION

The neglect and deterioration of this building, together with the constant presence of squatters is detrimental to the neighbourhood and has created a hazardous condition. It is therefore recommended that City Council declare the building 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.

- - - - -

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

1. THAT the building situated at 58-62 West Hastings Street, Lots 7, 8 & 9

2. THAT the owners are hereby ordered to pull down and demolish the building and

3. THAT in the event that the owners do not comply with the order set forth in the

4. THAT the City Clerk be directed to file a 336D Notice against the Certificate of

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