City issued orders to repair deteriorating Hamilton buildings 1.5 years before collapse
Owner says it didn't comply with February 2023 order because roof was deemed too unsafe to do work
For nearly two years, city inspectors had flagged unsafe conditions at the now-collapsed buildings beside Hamilton's Gore Park and issued orders for the property owner to repair the deteriorating roof — a job that was never done.
The orders were issued in February 2023 against Hughson Business Space Corporation and its executive team which own a row of properties at 18 to 28 King St. E., two of which collapsed on Nov. 11, said city spokesperson Lauren Vastano.
The owners didn't comply with the roof-related orders because structural engineers advised the roof was too unsafe to do the work, said a statement from Hughson Business Space and managing partner David Blanchard.
"The ultimate cause of the building collapse has not been determined," the statement noted.
In 2023, the owners appealed the city's roof-related orders and then submitted a plan to redevelop the property, delaying the appeal process, said Vastano.
"As such, the appeal remains outstanding and the orders remain open," she said.
This information, requested by CBC Hamilton, comes as the city stated last week that the building department had been conducting regular inspections to "ensure compliance" with its bylaws and in July found "specific concerns."
But the buildings were already not in compliance — and hadn't been for over a year.
Their collapse has sparked debate about the risks posed by vacant buildings across the city, and why more hasn't been done to prevent their deterioration.
City was 'exploring enforcement measures'
While no one was injured when the buildings crumbled in the early morning last Monday, the area is a hub for pedestrians and community events during the day.
A garrison parade with soldiers and emergency responders had marched by that spot the day before and a children's hay bale maze was set up nearby in October.
Mayor Andrea Horwath told reporters in the hours after that it wasn't lost on her the collapse could've had "terrifying consequences."
The severity of the buildings' issues were detailed in the July order, provided by the city to CBC Hamilton.
The roof, walls, facades and exterior fire escapes were "in a condition that could be hazardous to the health or safety of persons outside the building," the order said.
The city required the owner to board over all windows, doors and openings on the north and east sides of the buildings, as well as holes in the roof, and submit an engineering assessment of the remedial work required. The owner's deadline was Aug. 9.
When the buildings collapsed three months after that deadline, the owner hadn't complied and the city said it was "exploring enforcement measures."
Those enforcement measures could include the city fining the owner under the Building Code Act, and, if the owner was unwilling to do the work, hiring an "emergency stand-by contractor," said Vastano.
3rd facade collapses
Hughson Business Space told CBC Hamilton that regular engineering reports had indicated "no signs of imminent collapse."
It noted that it complied with some of the orders from February 2023, including sealing the building and painting the boarded up windows black.
Work is currently underway to demolish what's left of the buildings. The facade of a third building crumbled during the process on Friday. It was supposed to be protected under a heritage designation.
"I'm enraged at the developer," said Graham Carroll, vice chair of the heritage committee, after learning of the damage to the facade. He spoke to CBC Hamilton as a citizen, and not on behalf of the committee.
"We could have protected those buildings in a very timely manner."
He's calling on all levels of government to put in place "real strong penalties" to force builders to follow through redeveloping the sites.
As for its redevelopment plan, Hughson Business Space said it was facing a complicated demolition process, which is why it has made no progress in over a year. Now, it's "revisiting and reviewing" its plans and hopes to have an update soon, the statement said.
It bought the historic 19th century properties in 2000. The developer tried to demolish the buildings back in 2013, but a sudden city heritage designation halted the process.
Since then, they've sat vacant with rain water streaming through, causing mould and damaging wood and bricks.
Mayor Andrea Horwath will put forward a motion at the general issues committee this week directing staff to create an inventory of buildings that have faced city orders and building code violations, and review enforcement processes.
"The significant deterioration of built structures can pose serious risks to the safety, integrity and liveability of Hamilton's neighbourhoods," her motion says.
"Timely and comprehensive responses by the City of Hamilton to deteriorating built structures are essential for maintaining the public's safety, trust and confidence."
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With files from Blake Prendergast, Adam Carter