FILE PHOTO - The Loop has less emergency calls than other shelters and supportive housing in Kamloops, but its bylaw calls far exceed others.

(LEVI LANDRY / iNFOnews.ca)

A Kamloops non-profit has had fewer emergency calls than other homeless support agencies in the last two years, but it's the only one paying "nuisance" fees to the City.

The Loop at 405A Tranquille Road has been fined more than $3,000 since May 2021 when it was deemed a nuisance property, but it's had roughly half the medical and fire calls as similar properties in the city, according to statistics from the City of Kamloops.

It's been focused on as an unsightly property and a hub for homeless people on the North Shore looking for services or a space to spend time during the day since the spring of 2021. Glenn Hilke, coordinator for the non-profit, feels his organization has been unfairly targeted.

"There were periods of time when The Loop was public enemy number one," he said, adding his organization has faced calls to shutdown over the past two years.

READ MORE: The Loop approaching $3,000 in fines from the City of Kamloops

The Loop started racking up fines from the City in 2021 when it deemed the property a nuisance under its "Good Neighbour" bylaw, which allows it to take action on "unsightly" properties or those that accumulate a disproportionate amount of emergency service calls. The fines haven't been consistent, but they also haven't stopped coming to the building's owner, he said.

"It seems to vary. There was a period of time where they were coming every month, then there was a bit of a lull last year," Hilke said. "And the reason for them has varied, too."

The fines now come every month or every two months, but it's rare to get a visit from a bylaw officer, he said.

iNFOnews.ca obtained statistics on emergency service and bylaw calls to The Loop, along with some of the shelters and supportive housing sites, through a freedom of information request to the City. The data shows firefighters were called fewer times to The Loop than other properties in 2021 and 2022 for both medical and fire calls.

What it has accumulated, however, is 209 bylaw calls in that period, compared to just 12 or fewer at other similar properties.

"I'm dumbfounded," Hilke said, questioning what the nature of those bylaw calls would have been.

READ MORE: Is crime a legitimate concern for Kelowna supportive housing?

iNFOnews.ca requested all RCMP, fire department, paramedic and bylaw calls for seven different Kamloops properties, ranging from January 2021 to December 2022. The City provided statistics for its bylaw and fire department, but said RCMP and B.C. Ambulance calls would have to come from those respective agencies.

ASK Wellness' Spero House and Crossroads Inn, along with Canadian Mental Health Association's Emerald Centre and Rosethorn only garnered a combined 26 bylaw calls in those two years. The Emerald Centre shelter accounted for the most at 12 calls.

iNFOnews.ca also requested information for the Northbridge Hotel, which the City bought in October 2021. It had 30 bylaw calls in those two years.

The City statistics do not break down those calls by month or the types of calls.

Those same four ASK Wellness and Canadian Mental Health Association properties had a combined 317 calls to Kamloops Fire Rescue. Most of those were medical calls to assist paramedics rather than fire-related calls. Emerald Centre again had the most calls for service with 105 over the two years.

The other four had an average of 53 calls in those two years, the Northbridge had 99, and The Loop had 37.

Hilke questioned how many of those bylaw calls were legitimate, rather than coming from people looking to target The Loop with excessive calls.

READ MORE: B.C. bar slapped with $19K fine after liquor inspector was delayed 7 minutes

"The fact that The Loop was in the media as frequently as it was from May 2021 for at least a year.. I'm not saying it contributed to nuisance property calls, but it certainly enabled the public to be aware," Hilke said. "Then decide, 'I'm going to make my phone call, or 20 calls.'"

Although he hasn't seen bylaw officers come to The Loop in recent months, the City's own policies say it's "discretionary" and not mandatory that a bylaw officer actually attends a property.

Hilke added he and The Loop volunteers won't hesitate to call 911 when a volunteer or a client is in danger. That could be client with a medical episode, or a call to RCMP, like when a man in a mental health crisis attacked Hilke last year.

Hilke claimed B.C. Housing-funded facilities, like shelters and supportive housing, are exempt from nuisance property fines, but the City's bylaw doesn't mention exemptions. 

Community and protective services director Byron McCorkell did not initially respond to questions from iNFOnews.ca about nuisance property fines, but a spokesperson for the City reached out with an emailed statement on Feb. 2.

Rodrigue explained B.C. Housing-funded properties are required to sign "good neighbour agreements," as part of a memorandum of understanding between the City and the Crown corporation.

It's an agreement to keep the properties from becoming a nuisance that its operator signs, so the property owners can "work with the City to resolve issues, so they never get to the (enforcement) level."

The Loop isn't funded by B.C. Housing and the City response did not say whether property owners not funded by B.C. Housing are elligilble.

"We expect and encourage all businesses and residents in Kamloops to be good neighbours, but we don’t require them to sign an agreement outlining their commitment," it reads.

The City's bylaw says any property with excessive nuisance calls to police, City staff and bylaws risks accruing nuisance fees, but spokesperson Kristen Rodrigue told iNFOnews.ca emergency 911 calls aren't included to avoid deterring someone from calling if there is a legitimate emergency. 

Nuisance is defined in the bylaw as "any conduct, activity, or condition that unreasonably interferes with a person’s use and enjoyment of a public area or of land he or she owns or occupies, or which annoys or gives trouble, or is offensive, irritating, or a pest to anyone within the city."

Hilke claimed bylaw officers and city-contracted security in the North Shore area will often direct people sleeping outdoors to The Loop when moving those people off other properties. The Loop is not a shelter, although it has opened its doors overnight at times during extreme weather.

He also said bylaw complaints to the City will often be attributed to The Loop even when it's related to a nearby property because of perception "they are Loop clients."

"Bylaw officers are not instructed to direct people to the Loop for overnight shelter. The winter shelter program in the city is well-coordinated and (bylaw officers) have contact info for the shelter providers. They will, however, direct people to the Loop when it’s open for a hot coffee or to talk to someone, as that is what The Loop is licensed for," Rodrigue said.

Hilke also suggested people setting up tents, using drugs or lighting small fires nearby at the former Sunmei Bubble Tea restaurant next door are associated with The Loop in the eyes of the City bylaw department.

"Bylaw officers would tell us directly, 'well, they're probably your clients, so they just attach it to you guys,'" Hilke said.

Rodrigue also disputed that, explaining bylaw calls are "documented to the location we attend" and won't be attributed to any other properties.

Hilke aims to appeal the ongoing nuisance property fees with the City. He discussed the process with mayor Reid Hamer-Jackson and chief administrative officer David Trawin last fall, but hasn't made much progress. 

While City staff decides which property is a nuisance, The Loop has to appeal to City council to overturn those fees.

— This story was updated at 2:36 p.m., Feb. 2, 2023, with a statement from the City of Kamloops.

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