City of Hamilton obtains court convictions and order against neglectful property owner of 225 East Avenue North

HAMILTON, On – The City of Hamilton has obtained convictions, substantial fines and a court order against a local property owner who continued to ignore Building Code Act Orders and allowed a property to fall into disrepair and constitute an unsafe condition.

The Orders against the property included Construction without the Benefit of a Building Permit, Unsafe Building and, due to the very serious health and safety concerns affecting the occupants of the building, a Cease Use and Occupancy Order.

After the City’s building division received complaints last Spring, it initiated a thorough investigation which eventually resulted in charges being laid against the registered owner of the property at 225 East Ave North 2384658 Ontario Inc., as well as its director, James Branigan.

Several concerns noted during the investigation led to the Cease Use & Occupancy Order which, in addition to noting the overall neglect of the building, addressed numerous deficiencies such as inadequate fire separations, fire alarms, lighting, guards and handrails.

The Orders to Comply were issued by the building division in May of 2017, directing the property owners to comply by vacating the building, boarding entryways to prevent unwanted entry and trespass, as well as obtaining the necessary building permits for the construction that was underway.

Due to a lack of response by the property owners, City contractors were then directed to take the necessary steps to secure the property once the building had been evacuated. 

Throughout the following months, the building division received multiple calls that the boarding had been removed and that the building was again open to entry. On each occasion, the building division attended the property and hired contractors to secure the building. The costs associated with securing the property have now been added to the tax roll to recover these expenses.

In addition, four charges were sustained against 2384658 Ontario Inc. resulting in fines totalling $55,000 which the defendant has 15 days to pay.

Furthermore, there is a Court Order prohibiting the 2384658 Ontario Inc. from repeating these offences, including performing construction without a building permit, failing to comply with an order or any related or similar offence, within the geographic boundary of the City of Hamilton.

The property is currently under new ownership and its restoration and the clean-up of the premises is under way.

“I applaud the determination and dedication by City staff to ensure public safety. This court decision goes a long way to deliver the message that owners who do not abide by the Building Code Act, which could possibly endanger lives, will not be tolerated in any capacity,” - Mayor Fred Eisenberger

“We are pleased that the judge noted that the defendant’s non-compliance was ‘deliberate, continuous and demonstrated callous and arrogant behaviour.’ Our role is to act in the public interest in regard to safety of buildings and structures. The Court Order to the defendant prohibiting the repeat of the offences sends a strong message to property owners that this behaviour will not be tolerated in Hamilton. We applaud this strong stand by our courts,” - Ed VanderWindt, Chief Building Official