‘It seems targeted’: trio of property owners challenges city’s vacant buildings fire billing

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Three Winnipeggers who were billed as much as $105,000 for the cost of fighting fires at vacant homes they own are challenging the city in a bid to get the invoices thrown out.

Maria Suzuki and the other owners, who are represented by lawyer John Prystanski, claim the Winnipeg Fire Paramedic Service wrongly applied a bylaw and overcharged them when it issued the invoices.

“I feel like (the bylaw) is not applied fairly,” Suzuki told the Free Press on Thursday. “It seems targeted because only a few owners (of fire-hit vacant properties) got billed.”

Suzuki said she has been paying $6,000 a month to the City of Winnipeg after receiving invoices, totalling $105,000, for three fires at 456 Elgin Ave. between May and August 2023.

A second owner, Lorin McLachlan, is refusing to pay, after being billed almost $20,000 for a fire at 396 Tweed Ave. in July 2023.

“I don’t feel it’s just, in my situation,” the real estate agent said. “It’s unfair, it’s not clear and nobody (from the city) is there to help.”

Suzuki and McLachlan said the homes involved were undergoing renovations so they could be rented.

“I feel like (the bylaw) is not applied fairly … It seems targeted because only a few owners (of fire-hit vacant properties) got billed.”–Maria Suzuki

Both said the fires were deliberately set by people who broke in when no one was present.

Both said they did not receive explanations for the invoices, despite contacting the city multiple times. They claim they have been deprived of opportunities to appeal.

The WFPS sent a letter Jan. 26 to inform Suzuki it is investigating the invoices she received.

The city ordered the demolition of the Elgin Avenue home, which Suzuki had hoped to put on the market, on Feb. 12 — after it was hit by a fifth fire. She is expecting another invoice.

Prystanski’s third client was billed $54,000 for a fire at 593 William Ave. in April 2023.

The lawyer sent a letter to council members Wednesday, claiming the WFPS is not applying the bylaw as directed by council, resulting in his clients being incorrectly invoiced.

He alleges the vacant buildings bylaw is not enforceable because it is not clear, concise or precise. Prystanski said the fees issued to his clients are inconsistent with guidelines and calculations set out in the bylaw.

“Between the wording of the bylaw and the billing, there is a lot of confusion,” the lawyer said. “As a past city councillor (1989-2002) and a citizen of Winnipeg, I believe council has to address this matter immediately, because it’s council’s credibility that’s at stake here.”

“I don’t feel it’s just, in my situation … It’s unfair, it’s not clear and nobody (from the city) is there to help.”–Lorin McLachlan

Prystanski demanded the city cancel the invoices and repeal and replace the section that sets out fees.

The bylaw states after a fire, owners of vacant buildings must pay for firefighting costs, barring limited exceptions.

The “fee amount per unit” is $1,400 per hour per two-person crew and $2,601 for every hour a four-person crew is at a scene.

Prystanski argued the bylaw does not clearly define what a unit is, given the word is also used to describe a residence as a “dwelling unit” in the document.

His clients were billed based on the number of hours each fire crew was at the scene.

Prystanski said city staff informed him an appeal of fee calculations is out of the planning, property and development department’s scope and not permitted.

He also accused the city of picking and choosing owners to fine.

The city reported 125 vacant building fires — a new annual record — for 2023, up to Nov. 15. Full year-end figures were not yet available.

As of Aug. 31, the city had issued 27 bills, totalling more than $750,000, according to data given to the Free Press last summer.

Bylaw amendments could be on the way.

“In working with the city’s licensing and bylaw enforcement division and residents, WFPS has identified some opportunities to improve the vacant billing process to ensure the program is meeting its goal of decreasing vacant building fires,” WFPS spokeswoman Erin Madden wrote in an email.

“In the coming months, WFPS and licensing and bylaw enforcement will be bringing a report forward to city council with proposed adjustments to the process.”

At an unrelated event Thursday morning, Mayor Scott Gillingham said he was unable to comment, because he hadn’t seen the letter.

Coun. Sherri Rollins, chairperson of the property and development committee, declined to comment on the contents of the letter.

Rollins said the city is taking a “tough as nails approach” on vacant buildings, and she doesn’t support reversing existing policies.

She believes a majority of Winnipeggers supports council’s approach. “Our policy process on council is pretty united in terms of wanting to see less vacant buildings, less vacant-related fires and less dereliction in the city.”

Prystanski’s clients are waiting for the city to respond to the letter before deciding the next steps.

Suzuki is hoping to avoid costly civil court action. “I’m already in financial stress,” she said.

With no money to rebuild, Suzuki said she is hoping to sell the lot where the vacant home once stood.

“I think this fire was the most difficult for me,” she said. “The stress that it caused me was tremendous.”

— with files from Carol Sanders and Joyanne Pursaga

chris.kitching@freepress.mb.ca