Farhi Holdings Corporation has appealed a city-issued work order that calls on the company to heat the Wright Lithographic building, a move that comes ahead of an expected city staff review of the bylaw that requires vacant heritage buildings be heated.

City bylaw officers inspected the building on Nov. 7 in response to complaints about the condition of the vacant, heritage-designated building at 424 Wellington St.

The inspection report says the building doesn't comply with the property standards bylaw because the building is "without utilities to maintain a sufficient heat source to prevent deterioration."

The bylaw (Sect. 2.8, paragraph 5) requires owners of vacant heritage buildings to "ensure that appropriate utilities serving the building are connected so as to provide, maintain and monitor proper heating and ventilation to prevent damage caused to the building by fluctuating temperatures and humidity."

A city order issued on Dec. 9 requires Farhi Holdings Corporation (FHC) to "take steps to restore utilities so that the building can be heated" and comply with the bylaw.

The order required the work to be carried out by Dec. 30, but FHC filed an appeal of that order on Dec. 20.

Vandalism a constant problem, Farhi says

In response to requests for comment, Shmuel Farhi supplied CBC News with a statement, which can be read in full at the bottom of this story.

Farhi said break-ins at the building and theft of copper pipes have been a chronic problem "for years."

He says the mechanical and electrical components were frequently replaced at his expense "only to have the cycle repeat itself."

"Our efforts to keep the building safe and secure, and to protect the heritage aspects have been repeatedly thwarted by these events which are symptomatic of the downtown's social problems," Farhi's statement says.

"It reached the point whereby FHC was cautioned by its legal department to minimize exposure against liability in the event that trespassers or thieves injure themselves. This is why we have requested for the city to reconsider the work order."

Farhi also hinted the Wright building's period of vacancy, which stretches back to about 2007, could be nearing an end.

"FHC expects that in the near future, strenuous efforts to bring life to this site will come to fruition," his statement says. "We are working diligently with community stakeholders, the City of London and prospective tenants on this property."

City to review heating rule

FHC's appeal comes as city staff work to review sections of the property standards bylaw. A plan to create a city-wide registry of vacant buildings will be part of that review. Staff are expected to present options for bylaw amendments to a council committee early this year.

Jennifer Grainger, president of the Architectural Conservancy of Ontario's London chapter, said there isn't agreement among heritage advocates about whether heating — or not heating — is the best way to preserve vacant heritage buildings.

City staff found no heating equipment inside the Wright building at 424 during an inspection carried out in November. (Andrew Lupton/CBC)

"It's possible that the laws may change in the future because when the heat is on apparently it does increase the risk of fire," she said.

Grainger said the ACO hasn't taken a hard position on the heat-vs.-no-heat issue, and will wait and see any research city staff might provide as part of any recommended changes to the bylaw.

"We support whatever turns out to be better for heritage buildings," she said, adding that building owners should always follow the rules. "We are just going to wait until more information or evidence comes in."

Ward 13 Coun. Arielle Kaybaga is also taking a wait-and-see approach to the heat vs. no heat question.

"In the past the city has spent money to keep heritage buildings heated so if there's a new review or report that suggests otherwise, I will wait to see that report," she said. "But in the meantime, whoever gets an order suggesting that they're not complying with the standards, and they want to appeal it, that's in their right."

The city's property standards appeal committee is scheduled to hear FHC's appeal on March 2.

Shmuel Farhi's full statement

Below is the full statement Shmuel Farhi provided in response to a request for comment from CBC News:

For years, FHC has experienced ongoing vandalism, break-ins and theft at the Wright Lithographic. Theft of valuable infrastructure such as pipes, copper or any kind of metal, parts of heating systems have been a chronic problem.

Over the years FHC made several attempts to restore the damages and reinstate the mechanical and electrical units and secure the site, only to have the cycle repeat itself. Our efforts to keep the building safe and secure, and to protect the heritage aspects have been repeatedly thwarted by these events which are symptomatic of the downtown's social problems.

It reached the point whereby FHC was cautioned by its legal department to minimize exposure against liability in the event that trespassers or thieves injure themselves.

This is why we have requested for the City to reconsider the work order.



FHC expects that in the near future, strenuous efforts to bring life to this site will come to fruition. We are working diligently with community stakeholders, the City of London and prospective tenants on this property. In fact, we recently finalized the heritage permit application with the City of London to repair the entrance portico clock and Wright Lithographing sign that will be placed back in their original locations in the Spring of 2020.

As a strong supporter of downtown revitalization and heritage preservation we at FHC believe architectural heritage provides a vital link to a community's shared history, and our portfolio includes many landmark properties. We take pride in our commitment to heritage preservation, as we reinvigorate these architectural gems – transforming them into first-class modern facilities.

I have a deep appreciation for the beauty, architectural features and history of London's heritage buildings. They all tell a story of the birth and growth of our city. That is why, over the past 30 years, my company has spent millions in heritage restorations in the London area.

In fact, I can say with confidence that we have invested far more than any other local developer, in heritage restorations – which include (but are not limited to):

The Elgin County Courthouse

The Former Huston in St. Thomas

The old Anderson Department Store

The Elm Hurst Inn and Spa in Ingersoll

The Idlewyld Inn and Spa in London

197 Dundas Street

The Crystal building

215 Dundas Street

220 Dundas Street

229 Dundas Street

332-338 Richmond

343-349 Richmond

421-427 Richmond

476 Richmond

478 Richmond

484 Richmond

435 Ridout Street North

The Hyman Street/Richmond Street Block north of Victoria Park, and more.

Regards,

Shmuel Farhi, president,

Farhi Holdings Corporation

Attached below is the city's property standards order issued to Farhi Holdings Corporation.