The City of Vancouver prosecutor's office has approved charges under the city's Heritage Property Standards of Maintenance Bylaw against the owners of a fire-damaged heritage home at 3737 Angus Dr. in First Shaughnessy — the city’s first-ever heritage conservation area.
The owners have so far failed to put a protective covering on the house, which has left it open to the elements.
The information was sworn at Robson Square Provincial Court June 20.
The homeowners are Miao Fei Pan and Wen Huan Yang.
Count one alleges that between Feb. 17 and May 14, 2018, the owners failed to repair and maintain all buildings, structures and features at the property “to reasonably prevent or retard damage caused by weather, wind, sun, moisture, infestation, rot, decay or similar causes...”
Count two alleges that between Feb. 17 and May 14, 2018, the owners failed to comply with an order dated Nov. 1, 2017, and “extensions thereto,” directing that the building at 3737 Angus Dr. “be maintained so as to reasonably prevent further damage caused by weather, infestation, rot, or similar decay, on or before February 16, 2016...”
A conviction could result in a court-imposed fine of up to $10,000, according to the city. No court date has been set yet.
Attempts by the Courier to reach Miao Fei Pan and Wen Huan Yang have so far been unsuccessful.
This is the first time the city has pursued such charges under its Heritage Property Standards of Maintenance bylaw, which is relatively new. It was enacted in September 2015.
The city is also looking into several other options to “ensure compliance with the order,” but staff did not tell the Courier what those measures are, other than to say details would be released when available.
The property was assessed at $14.2 million as of July 1, 2017. The three-storey house was built in 1910. It was designed by noted architect Samuel Maclure and built by contractors Coffin and McLennan.
The fire and its aftermath
The fire that damaged the Angus Drive home took place Oct. 22, 2017. An investigation found arson to be the cause. Police investigators weren’t able to gather enough information to confirm the identity of a suspect and recommend criminal charges. The file was closed in April of this year, but it could be reopened should additional information becomes available, according to Vancouver Police Department spokesperson Const. Jason Doucette.
Shortly after the fire, on Oct. 27, 2017, the city examined the home and noted the roof structure was extensively damaged, but the lower level openings were all boarded and perimeter fencing and 24-hour security was in place.
The city told the Courier earlier that a structural engineer representing the property owner determined the building could be salvaged following a site visit in late October — an assessment that was supported by a city district building inspector.
On Nov. 1, 2017, the city ordered the owner to install the protective covering over the building.
The owner then asked for extensions after informing the city that the extent and nature of the damage requires selective demolition of the damaged sections, which would require more time to complete in order to address WorkSafeBC requirements due to structural and material hazards.
The city granted those requests and gave a Feb. 16, 2018, deadline to comply with the Nov. 1 order. The city inspected the home after Feb. 16 and found that the owner had not complied with the order.
As of June 22, when the Courier last visited the house, the roof was still uncovered.
There is no provision under the Heritage Property Standards of Maintenance bylaw that allowed the city to do the work at the owner’s expense. Any change to that bylaw would require amendments to the Vancouver Charter, which would need to be approved by the province.
The city told the Courier in February of this year the city could apply for an injunction asking the court to force the owner to do the work.
A realtor’s video of the home posted on YouTube in February of 2017 shows the state of the house at that time:
Miao Fei Pan (spelled in some reports as Miaofei Pan) has been in the press in recent years for hosting a fundraiser for Prime Minister Justin Trudeau.
@naoibh
Note: This story has been updated since first posted.
