Vacant for years and largely boarded up since being declared a nuisance in 2022, 1045 Terminal Ave. remains a stalemate between City bylaw and the property owners. (Ian Holmes/NanaimoNewsNOW)

By Alex Rawnsley

waiting game

Terminal Ave. nuisance property owners owe $30k in unpaid City work

Aug 13, 2024 | 4:18 PM

NANAIMO — The clock continues ticking and the tab growing ever higher on maintaining and securing a declared nuisance property.

The former Bino’s Restaurant at 1045 Terminal Ave. was declared a nuisance property by Nanaimo City Council in 2022, after years of being shuttered and neglected had led to increased social disorder and fire danger at the site.

City manager of bylaw services Dave LaBerge told NanaimoNewsNOW a fire order for the property was also issued in 2022, requiring the out-of-town owners to pay for securing the building, which included on-site security.

“They hadn’t fulfilled any of the requirements of that order, so the fire department has done that themselves. Arranged with contractors to board it up, put the fence around it and do the security patrols.”

LaBerge estimated the bill is “in the neighbourhood of $30,000”, a majority of which stems from installation of fencing, daily security and regular removal of debris and junk.

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Graffiti removal and re-boarding up windows after breaches also resulted in thousands of dollars’ worth of work.

“A lot of this is still in arrears,” LaBerge added when asked whether the owner was repaying the City for the property upkeep.

During a site visit on Tuesday, Aug. 13, several people were seen on site at the property loitering, sleeping or otherwise indisposed. (Ian Holmes/NanaimoNewsNOW)

A major roadblock towards a brighter future for the former popular restaurant is the sale of the property.

Owners, who have held the property since 2018, previously listed it for sale for $1.6 million. The listing includes the land and building for neighbouring Manvirro’s Indian Grill.

As of mid-August, it does not appear the property is still on the market.

LaBerge said the City doesn’t “see [the owners] being particularly proactive” about transferring the property, leaving the site in somewhat of a stalemate.

He added the City is mainly concerned about public safety, with their actions about reducing present dangers such as fires or building damage.

“We feel like we’ve mitigated the immediacy of the hazards, it’s just the longer it sits vacant, at what point does it get sufficiently dilapidated that there’s no value and it would be in the best interests of the community to have it removed.”

LaBerge doesn’t believe the City is at the stage yet where they would require demolition, but it’s an option moving forward.

Council would ultimately have to give direction.

“We’re very cautious and measured in taking those types of actions because we’d have to have a structural assessment to determine what kind of values remain in the building, but what we’re trying to do is mitigate hazards if there are reoccurring fires…or if it’s a nuisance inasmuch that it’s become so derelict that it’s unsightly and really causing a lot of impacts in the neighbourhood.”

Considerable graffiti is visible on the former Bino’s restaurant on Terminal Ave., along with a broken second storey window. (Ian Holmes/NanaimoNewsNOW)

City bylaws don’t force property owners to paint their buildings, except in cases of graffiti removal, or have grass at a particular length, according to LaBerge.

He said bylaw staff visit the property three to four times a month, in addition to presence from Nanaimo Fire Rescue and RCMP as required.

Each callout for nuisance-related reasons adds another $250 to the owner’s bill, in addition to any other costs incurred handling the situation.

If the amount remains in arrears long enough, the penalties may be added to the property taxes, and the City can be reimbursed through a court-ordered sale.

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