ADMINISTRATIVE REPORT

Date: October 18, 1999
Author/Local: Carlene Robbins, 873-7537
RTS No. 01068

CC File No. 2701-1
P&E Date: December 16, 1999

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Demolition of Nuisance/Dangerous Building at 2543 Fraser Street

RECOMMENDATION

A. THAT Council declare that the building at 2543 Fraser Street (Pcl D of 13 to 15 of B Block 156 District Lot 264A) is a nuisance and dangerous to public safety pursuant to Section 324A of the Vancouver Charter

B. THAT Council approve the attached Resolution and order the Registered Owners of the property to demolish the building and remove all demolition debris from the site and erect a chain-link fence around the perimeter of the property 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 demolished and have all demolition debris removed and to have a chain-link fence erected around the perimeter of

the property, 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 2543 Fraser Street in order to warn prospective purchasers that as a result of the condition of the building 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 the foregoing

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, 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 2543 Fraser Street is an existing multiple dwelling containing two legal dwelling units. A third dwelling unit in the basement was approved for a limited period of time expiring April 30, 1997 and has not been renewed.

A review of the records for this property reveals that since 1989, the City has been issuing orders to the property owner about the untidy condition of the property due to the accumulation of debris and discarded materials.

Our records further indicate that in March of 1995, a stop work order was issued with respect to an unapproved rear deck and stair addition. The owners subsequently removed this unapproved work but left the building in a damaged condition i.e. siding was missing that resulted in the building not being water tight and there were no guards or handrails on the rear stairs.

Occupancy of the building has been sporadic since approximately September of 1995.
There have been complaints from tenants concerning the poor maintenance of the building as well as complaints from the neighbouring residents about the building being vacant and open.

In June of 1998, the Police received a complaint from neighbouring residents about drug activity and prostitution on or around this property. The Police department attended the site with the District Inspector and noted that squatters had gained entry into the building. The building was vacated by the Police and boarded-up by City crews.

The Vancouver Police report that they have responded to a number of incident calls at this location concerning illegal drug activities and squatters. In addition, it is reported that some of the transients in and around the building have threatened some of the local residents.

On September 15, 1999, responding to another complaint about parties using drugs in and around the house, the Police found two people outside using drugs. They also noted that the rear door of the house was insecure and that there were live bare wires in the house. The Police proceeded to secure the house and called BC Hydro to disconnect the power.

DISCUSSION

The neglect and deterioration of this building together with the constant presence of squatters carrying on illegal activities have seriously affected the security and well being of neighbouring residents.

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 City Council order the owners to securely fence the property with a chain link fence, following the demolition, in order to deter the use of the site for camping, dumping, squatting and/or illegal activities.

In addition, it is recommended that a 336D Notice be filed against the Title to the property in order to warn any prospective purchasers of Council's Resolution.

- - - - -

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

Vancouver Charter and 2543 Fraser Street

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 2543 Fraser Street, Pcl D of 13 to 15 of B, Block 156

District Lot 264A is delcared 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 and erect a chain-link fence around
the perimeter of the property 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 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 and to erect a chain-link fence around the perimeter of the property, at the cost of the owner and may dispose of the debris 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 2543 Fraser Street 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