The site of a former restaurant on Terminal Ave. is now falling into disrepair with the owners of the property failing to abide by orders from the City and Nanaimo Fire Rescue. (Alex Rawnsley/NanaimoNewsNOW)

By Alex Rawnsley

trouble spot

Nanaimo Council declares former restaurant a nuisance after squatting and vandalism issues

Jun 17, 2022 | 5:29 AM

NANAIMO — The City’s bylaw enforcement arm is coming down on a highly visible, dilapidated property.

A large, glass front building at 1045 Terminal Ave., near St. George St., has fallen into disrepair and attracted a variety of issues, according to the City of Nanaimo.

Dave Laberge, the City’s manager of bylaw services, told a special Council meeting on Thursday, June 16, the former restaurant has been vacant for many years and changed owners in June 2018.

“It’s really fallen into disrepair over recent years. The windows are broken, it’s not maintained and what’s particularly problematic is there’s a row of storage lockers at the back of the property, they’re insecure…people are getting into them.”

It has been a constant issue for City bylaw staff, Nanaimo RCMP and Nanaimo Fire Rescue.

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A May 25 letter to the City from RCMP Supt. Lisa Fletcher said local Mounties had visited the site 11 times since January 2021 with seven of the reports considered nuisance calls.

Common complaints involved regular and visible drug use, garbage and human feces being left on site. Clean-ups of the property were usually short-lived, with squatters, garbage and drug paraphernalia often returning shortly after.

Supt. Fletcher also noted damage from a fire, caused by arson, in December 2021.

An April 12, 2022 photo showing extensive garbage and waste left behind by squatters at the property. (City of Nanaimo)

Alan Millbank, fire prevention officer for Nanaimo Fire Resue, painted a similarly glum picture, noting their inspections found the property in a state of disrepair and a fire starting inside would spread rapidly and endanger life or property.

Laberge said the current owners are not from, nor do they live in Nanaimo, and have shown little desire to maintain the property to standards required by the City.

The City has issued several notices for the owner to handle the condition of the property.

“Clean up the graffiti, board it up, address the people that are sheltering there. If they don’t do it within the 21 days then we hire contractors to go on the property, we secure it, clean it up and send the property owners a bill.”

Laberge did not say how much the property has cost the City to date.

Nanaimo Fire Rescue ordered the property to be secured by the owners in April 2022, including boarding up windows, installing a steel fence around the perimeter and remove the garbage and any combustible materials.

They’ve also told the owners they must maintain a regular security presence at the property, however the conditions of the Fire Department Order have gone largely ignored.

The former restaurant on Terminal Ave. has some external damage, including parts of the roof overhang. Graffiti and other minor damage is easily visible from the outside. (Alex Rawnsley/NanaimoNewsNOW)

Declaration of a nuisance property allows the City record and charge the owner for actions taken by staff to maintain the site outside of the orders giving 21 days to clean up.

Nancy Mitchell, a Cypress St. resident and representative from the Newcastle Community Association told councillors they’ve petitioned the City for over a year to address the property.

She said members of the association conduct spot checks on known trouble spots and report to the City’s bylaw office or Nanaimo RCMP.

“We know if we let these properties deteriorate then we let our neighbourhood down. We trigger the investigations because we know the City can’t be everywhere at once but we need to know that action will be taken.”

Mitchell was critical of the City for letting the property go for so long without resolution or tangible change.

Laberge indicated declaring the property a nuisance had been delayed because the property is currently listed for sale, and has been for some time.

He was hopeful a sale would transfer it to more responsive owners who could address the issues, but a sale has not eventuated and none is on the horizon.

Support for the nuisance property declaration was unanimous from members of Council.

Discarded clothing and other garbage was visible during a Wednesday, June 15 site visit of a now-declared nuisance property on Terminal Ave. (Alex Rawnsley/NanaimoNewsNOW)

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