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Manitoba

City of Winnipeg sues owners of long-vacant Rubin Block on Osborne, alleging code violations, unpaid fees

The City of Winnipeg is taking the owners of a long-empty building on Osborne Street to court, alleging they haven't kept it up to code and have failed to pay close to $40,000 in inspection fees for the derelict building and another owned by the same company.

Lawsuit seeks close to $40K in inspection fees for Rubin Block and Assiniboine Avenue building

A three-storey brick building with boarded-up windows sits at the corner of an intersection, shot from across the street.
The Rubin Block on Osborne Street and Morley Avenue, seen here Tuesday in a photo, has sat vacant for almost a decade. Now, the City of Winnipeg is taking its owners to court over unpaid inspection fees. (Randall McKenzie/CBC)

The City of Winnipeg is taking the owners of a long-empty building on Osborne Street to court, alleging they haven't kept it up to code and have failed to pay close to $40,000 in inspection fees for the derelict building and another owned by the same company.

A statement of claim was filed by the city last week against Composite Holdings, which is the owner of the Rubin Block, a building at the corner of Osborne Street and Morley Avenue that has been vacant and boarded up since a fire in 2014.

The company also owns 432 Assiniboine Ave., near the Manitoba Legislature,the city's lawsuit says.

From 2018 onwards, city staff entered the Rubin Block building numerous times to inspect its condition and take steps to enforce standards set out in the city's vacant buildings bylaw, the lawsuit says.

Staff found mould in the basement, suites that had fire and water damageand no power or fire alarm system in the building, among other issues, the city's claim says.

A two-storey building brick building with a blue fence.
The city's lawsuit also says 432 Assiniboine Ave., which is located near the Manitoba Legislature, has not been kept up to code. (Jeff Stapleton/CBC )

The Assiniboine Avenue property was also inspectedseveral times by staff, who found various issues with that building, including no heat or power in parts of the building, a hole through a bathroom floor, graffiti on the exterior, trash bags and litter around the property, and a mouldy smell inside, the city says.

As a result of these issues, the city has fined Composite Holdings 18 times for the two properties since 2018, for a total of $39,754, but those fines remain outstanding despite demand for payment,the lawsuit says.

CBC attempted to reach Composite Holdings to comment Tuesday but was unsuccessful.

None of the allegations in the city's lawsuit have been proven in court and no statement of defence has been filed at this time.

'Nothing else has worked'

South Osborne residents have been pushing the city to do something about theRubin Block building for close to a decade, even holding rallies to no avail.

Jeff Palmer, who has lived nearthe building since 2006, says he's not sure if the city's lawsuit will be enough to get it back up to code.

"[The owners] may pay it, and then in a few years things will go on as they are today, and that doesn't get anybody any further ahead," he said.

Palmer said he'd like the city and province to take steps to expropriate the building so that it can be used for housing and/or commercial activity.

A three-storey brick building with boarded-up windows sits at the corner of an intersection, shot from across the street.
The Rubin Block, shown here in a 2019 photo, has been boarded up since a fire in 2014. (Gary Solilak/CBC)

"It's not the first option that should be exercised, but after this amount of time, nothing else has worked," he said.

"I don't know that increasing the fines will make any difference, and I do think that it's a reasonable thing to pursue under certain circumstances and I think that this building meets those circumstances."

The building, which was built in 1914 and designed by acclaimed architect Max Zev Blankstein, was dropped from the city's list of historic properties in 2014.

Cindy Tugwell, executive director of Heritage Winnipeg, said her organization has been fighting to get it restored for a decade.

"It is a beautiful building, and it's really a shame," she said.

She still hopes it will one day be restoredbut realizes that becomes less likelythe longer it remains vacant.

"Each year, it [is] in more and more jeopardy of being so far gone and derelict it would be demolished. And that's always the fear," she said.

Coun. Sherri Rollins (Fort Rouge-East Fort Garry), who is chair of the city's property and development committee, couldn't comment on the lawsuit directly but said she knows vacant and derelict buildings are a major concern for Winnipeg residents.

The city is trying to strengthen its bylaws to address the issue, Rollins said.

City of Winnipeg takes owners of long-vacant Rubin Block to court over unpaid fees

6 months ago
Duration 2:00
The city of Winnipeg is suing the owner of a long-vacant apartment building in south Osborne. Residents in the neighbourhood have tried for years to save the Rubin Block, but now they want the city to act before it burns to the ground.

With files from Cam Maclean