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2010-02-08 at 15:55

Building owner responsible for cleanup costs

By tbnewswatch.com
91.5 CKPRTune into the Battle of the Sexes at 7:40am Danny and Laura Weekday morningshttp://www.ckpr.com

City officials have told the owner of a burned-down building on Simpson Street that he's responsible for the cleanup following a massive fire on Jan. 28.

The blaze at the former "Triple Nickel" nightclub completely destroyed the building. Six fire crews managed to prevent the flames from spreading to neighbouring buildings but the place where the fire started was reduced to a pile of ice-covered rubble. City bylaw enforcement manager Ron Bourret said the owner Ernesto Mercado didn't have insurance on the building so Mercado is responsible for the clean up. Bourret said it's critical that any hazards are removed from the site sooner rather than later.

Bourret said it'll probably be a costly job and if the owner doesn't follow the clean up request, the city can issue an order. If the Mercado fails to comply with that, he can be charged and/or fined up to $5,000. The city can also clean up the site itself and then add the costs to the owner's taxes. Mercado was unavailable for comment.

TbNewsWatch.com

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Comments
hadenough says:
Abra, possible that he could not find an insurer I suppose but I still think that it smells. You don't dump $150K on a building like that without some research and a plan and there is no ligitimate lending institution anywhere that will give you that kind of money with some guarantee for protection from loss. This may have been some kind of money laundering thing that went bad or was planned but I don't see the angle.
2010-02-12 at 9:00 AM
Doug P says:
leave to the city by-law Goons to kick a man while he's down .
That how these "people" At the city hall get their jollys
2010-02-11 at 17:40
Abra says:
I wonder if it is possible that the owner could not find an insurer? These older builings are considered high risk, especially in that area.
2010-02-11 at 11:25
DohNutz says:
When clean up costs go beyond the value of the property the owners usually walk and the burden falls on the taxpayer.

Happens all the time...
2010-02-11 at 08:02
Rick says:
To: Gord

See the comment made by hadenough, this person makes a very valid point and brings even more valid questions into the mix of why this person did not have insurance.?
2010-02-10 at 19:52
hadenough says:
If he had $150K of his own money to invest, then he should have enough for insurance. If he financed the project, the lending institution would have insisted the he had insurance before he got the loan. This things smells. I wonder what the the back taxes on this property are.
It's going to be another mess that the City/tax payers are going to be on the hook for.
2010-02-10 at 15:47
Gord says:
Rick:

He couldnt not afford the insurance. Granted, that was a bad move, but I'd love to meet the person that hasnt made a mistake. Most of us are lucky enough that we dont have to pay that much for our mistakes. Unfortunately, if he is forced to pay for all of this, he'll wind up in bankruptcy. In terms of a benefit for him, I could just imagine what the response would be from this town.
2010-02-09 at 19:31
Kidknapp says:
Let's see. $150000 investment. No insurance. Pay for clean up and have a lot worth almost nothing on Simpson. He should just walk to city hall and hand them the deed! Tell them to clean it up just like others have done! He has nothing left to lose!
2010-02-09 at NOON
infiniti says:
@ imho

I am not sure if things are different in Thunder Bay or if different laws apply to residences but I recently moved to Toronto and I rent a condo. In my lease agreement and in the lease agreements of a number of people I know, insurance is paid by the tenant. I have to purchase content insurance as part of my lease agreement so its not necessarily as easy as " rent, don't own" if you want to avoid the cost of insurance.

Whether it was intentional or not for the owner of the building to not have insurance, I still feel bad for him about the mess he has to clean up and Im sure the enormous cost.
2010-02-09 at 10:01
pieislandrefugee says:
Thats right, you want to own property, youre going to have to live with the consequences of your actions (or in this case, inaction)..

I dont care what country youre from, you have a responsibility to act properly in this one, we have laws that should be applied equally to everyone.

now stop whining Mr. Building owner and start cleaning up your mess.
2010-02-09 at 9:00 AM
baor says:
right on "noparty" I couldn't have said it better myself.
2010-02-09 at 08:34
chezhank says:
Noparty.....okay you made your point.....but you should not put yourself down!
2010-02-09 at 08:11
Rick says:
To: The Wolf
Common sense.? would tell you that he is obligated to clean up what is left of his building, and please do tell why he was un-able to secure insurance.?

and Gord:
If this saddens you so, do something about it,why not organize a public benefit and see how far that will go.?

2010-02-09 at 07:57
noparty says:
Chez
You remind me of the saying, If you say nothing people will think you are an idiot, but if you open your mouth they will know for sure that you are one...
2010-02-08 at 23:10
silent rebel says:
Welcome to Canada. Now pay your dues like everyone else.
2010-02-08 at 22:46
walleye_99 says:
Here's an idea - turn the clean up over to Tembec and the MOE - good luck.
2010-02-08 at 22:33
vroom says:
Chez have some respect for our local fire department.
Secondly, the city should take immediate action of some sort. If this happened on a well-to-do street in thunder bay i don't think we would be debating who should clean the mess up, it would just get done.
2010-02-08 at 21:40
Gord says:
You're right wolf - it is a sad story with a really unfortunate outcome.
2010-02-08 at 21:30
imho says:
"Mr Mercado just purchased this building in December and was unable to secure the proper insurance before the place feel victim to an arsonist." It's now February - why the delay in getting insurance? Common sense - when you buy property you get insurance immediately upon transfer of title. Maybe he got bad advice from a "professional" negotiating the deal? If so, that's a hard lesson re: property acquisition. Buyer beware. Regardless, property owner is still responsible for the costs. Welcome to the sometimes unfair world of property ownership. Can't afford the responsibility, then rent - don't own.
2010-02-08 at 19:42
The Wolf says:
This is where common sense and practicality have to meet. Not many people know that Mr Mercado just purchased this building in December and was unable to secure the proper insurance before the place feel victim to an arsonist. Anyone who knows the real story knows that Mr Mercado bought the building in hopes to secure a financial nest to support bringing his family to our country.

Forcing a person who just lost $150,000 investment to pay for immediate cleanup is nothing short then kicking a guy in the teeth when he is down on his luck. The city should in good faith eliminate the hazards and safety concerns and allow Mr Mercado a set period of time to pay them back interest free.
2010-02-08 at 19:22
chezhank says:
If he paid taxes,the fire department should pay for the clean up....they are the ones who let it burn down!
2010-02-08 at 6:00 PM
tsb says:
This basically ensures that it won't be cleaned up any time soon. The city should just do it themselves and send him the bill.
2010-02-08 at 17:03
baor says:
As he should be. Taxpayers shouldn't have to pay for his mess.
2010-02-08 at 16:41
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