Owners of GM site appeal St. Catharines compliance orders, delaying long-awaited enforcement action
(Submitted)

Owners of GM site appeal St. Catharines compliance orders, delaying long-awaited enforcement action


The owners of the former General Motors property in St. Catharines have appealed sweeping municipal orders requiring extensive repairs or demolition at the site. The appeal has halted enforcement efforts and will be heard Thursday by the City's Property Standards Appeal Committee. 

The appeal comes less than a month after City officials issued Property Standards Orders against the long derelict property, a move that came after years of public criticism over the municipality's handling of one of Niagara's most controversial industrial sites.

The hearing is now scheduled for June 25 at 5 p.m. in Council Chambers at City Hall. The public is welcome to attend.

Residents have been calling for a complete clean-up of the 55-acre site for a decade and have pointed out that repeated delays increase the significant risks to public safety caused by the failure to address a range of serious concerns, from the presence of highly toxic chemicals to the easy access of structures riddled with dangerous hazards to anyone who can easily walk onto the site and into its many crumbling structures. 

The appeal action by the owner puts the compliance orders on hold, meaning no enforcement can occur until the committee hears the matter and renders a decision on how to move forward. 

The agenda for Thursday’s meeting does not identify the owner of the property. 

 

The City of St. Catharines has ordered the owner of the former GM site to clean up the property, which remains littered with construction material, and fortify the crumbling buildings.

(Submitted) 

 

The delay marks the latest chapter in a long-running dispute that has frustrated residents, community advocates and local politicians for years as the former heavy manufacturing site continued to deteriorate while municipal officials repeatedly claimed their authority to intervene was limited. That position came under increasing scrutiny after reporting by The Pointer revealed that Ontario legislation and municipal bylaws provide enforcement mechanisms that the City was not utilizing.

The City's refusal to force action on the site shifted dramatically on May 22 when Property Standards compliance orders were issued to the owners of the property, identifying extensive deficiencies throughout, and requiring corrective action.

The order paints a troubling picture of conditions inside and outside the massive industrial structures on the sprawling 55-acre site.

According to the City's inspection, exterior wall assemblies and cladding systems were damaged, missing or partially removed, leaving portions of the building unsecured. Multiple openings in the building envelope remained accessible to unauthorized entry, while exterior surfaces showed advanced deterioration, corrosion and material failure.

The City also documented significant accumulations of demolition debris, construction waste and loose materials throughout the building.

 

A recent investigation by The Pointer revealed asbestos accumulation in the soil on the former General Motors property.

(Ed Smith/The Pointer)

 

The order states that large sections of the roof structure appeared collapsed, were missing or severely deteriorated, exposing portions of the building to the elements. Structural steel framing, roof trusses and support members were found to exhibit extensive corrosion and deterioration. Inspectors also found cracking and displacement in portions of the exterior masonry walls, along with interior structural components that appeared partially collapsed and unstable.

Roof decking and overhead structural assemblies were described as exhibiting visible failure and collapse hazards.

The City concluded that portions of the building appeared unsafe and could pose a risk of structural collapse or injury to persons entering the site.

The findings also raise questions about assurances provided by municipal officials only three months earlier. In March, residents voiced concerns about the safety of the large catwalk spanning Ontario Street. After years of observing the site's worsening condition, some feared a structural failure could have serious consequences. Elected officials and senior staff dismissed those concerns, assuring residents the structure was safe. The inspection in May, however, documented extensive deterioration across the property, including collapsed roof sections, unstable structural components and conditions that inspectors said could pose a risk of structural collapse. 

To comply with the order, the owners have been directed to undertake extensive repairs, including replacing deteriorated roof structures, repairing damaged structural steel, restoring compromised masonry walls, securing openings and removing debris.

Alternatively, the order provided the option to obtain a demolition permit and demolish the structure entirely, leaving the land graded and levelled. The owners were given until June 12 to comply or file an appeal.  They chose to appeal.

Although the grounds for the appeal have not yet been publicly disclosed, the committee agenda provides an indication of the owners' immediate plans. According to the agenda, the owners and their representative have requested an adjournment of the June 25 hearing in order to retain alternate legal counsel. 

“The Owners and their Representative have requested an adjournment to retain alternate legal counsel, as their usual legal team has identified a conflict and is unable to represent them,” a brief note on Thursday’s agenda details.

The request will be considered by the Property Standards Committee at the outset of the hearing. 

Representation by legal counsel is not mandated at committee hearings and therefore the committee is not required to grant the adjournment. The committee retains the authority to proceed with the matter, modify the hearing process or make any decision available to it under the governing legislation. If the request is denied, the appeal could proceed on June 25 as scheduled. 

 

The GM property has several collapsed underground structures that pose a significant risk to anyone who enters the site.

(Submitted)

 

A notice issued by the City confirms that the Appeal will be heard on June 25. The adjudicators have the authority to uphold, modify or rescind the orders after considering submissions from the property owners, City staff and residents.

While appeals of property standards orders are not uncommon, the challenge involving the former GM site carries broader significance because of the property's history and the years of controversy surrounding the City's response to its condition.

For years, residents have raised concerns about the contamination on the site, the deteriorating buildings, the potential safety risks posed by unsecured structures and the visual impact of the abandoned industrial lands and have questioned why stronger enforcement action had not been taken.

While the owners have asked for additional time to secure legal representation, the committee is under no obligation to grant that request. Members could deny it and proceed with the hearing, or make other procedural rulings within their authority. As a result, the June 25 meeting could either extend the timeline for resolving the appeal or produce a substantive decision on the future of the compliance orders.

Members of the public can submit written comments to the committee's Secretary-Treasurer ([email protected]) or appear before the committee to make a verbal presentation regarding the matter.

 

 

Email: [email protected]


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