When no one’s home — permanently

Hey there, time traveller!
This article was published 06/06/2023 (1089 days ago), so information in it may no longer be current.

The number of derelict buildings in Winnipeg has increased by 45 per cent over the past five years. Many of the boarded-up structures are unsafe, some have been set on fire multiple times and many are magnets for squatters. All contribute to the decay of neighbourhoods and undermine the safety and well-being of local residents.

City Hall has tightened the screws on negligent property owners in recent years. Under the city’s vacant building bylaw, owners are required to secure unoccupied buildings, including boarding up windows and doors if necessary, and pay a permit fee for doing so. They must also pay an additional “empty building fee,” as long as the structure remains unoccupied. Fines have been levied for non-compliance and in rare cases, properties have been seized by the city.

Despite those measures, the number of derelict buildings in Winnipeg continues to rise. At last count there were 685 “problem properties” listed with the city, up from 471 in 2018. The problem is getting worse and an urgent response is needed.

City council is expected to consider two proposals later this month that might help.

One is a proposal to improve the safety around unoccupied buildings, including the possibility of fencing, security cameras and more robust boarding requirements. The other is a plan that would allow owners to demolish their buildings before a building permit is issued to replace them. Under current rules, a building permit is usually required before a building can be demolished, causing unnecessary delays in removing problem structures.

If approved, these measures would likely make communities safer and further discourage property owners from letting their buildings sit vacant.

But are they enough?

Even with these proposed changes, property owners could still allow their buildings to sit vacant for years. As long as they pay their property taxes and permit fees (and comply with minimal upkeep orders), they are under no legal obligation to restore their buildings for occupancy use.

That is a fundamental problem that needs to be addressed, especially as the number of derelict buildings continues to climb.

More effective measures are needed. One solution may be to charge higher empty building fees the longer properties remain vacant. It appears the existing fee structure is not having the desired effect.

The city should also look at seizing more properties in cases where buildings sit empty for extended periods of time (such as more than five years) and where owners demonstrate no interest in restoring or replacing them.

City Hall has the legal authority under provincial legislation to take title of derelict buildings without compensating property owners. It is an onerous legal process that can only be implemented once property owners commit an infraction under the vacant building bylaw.

Only 16 properties have been seized under this provision between 2010 and 2022.

Still, despite those legal hurdles, greater political will is needed to exercise that authority. The province should also get involved by reviewing its legislation to make the process less cumbersome for the city.

It is not illegal to own a vacant building in Winnipeg, nor should it be. The seizing of private property by government should never be taken lightly. Owners deserve leeway in how they manage their properties.

However, people are also entitled to safe and livable neighbourhoods. When negligent property owners violate community rights by allowing their buildings to sit empty and deteriorate, the collective rights of the community should take precedence. More effective measures are needed to restore, or replace, empty and decaying buildings for the benefit of everyone.