City of St. John's rejects owner's pleas to tear down burnt-out house. Now she says she's stuck
'What's crushing me is I'm one small business lady in their town — who cares if I'm OK in the end?'
"I don't need a puffer anymore," she said, explaining her breathing has improved since moving out. It's a bright spot in an otherwise dreary situation.
"I live in my mother's basement. And then also I run a business, so I do a lot of production from home as well. So it's been a little bit difficult there and she wants her TV room back at some point."
Elton is stuck with her 776-square-foot home in central St. John's. She can't live in it, she can't sell it for someone to occupy, and without an affordable builder and money for a costly teardown, she has few options.
"It hurts to see your house like this. Like all the kitchen cabinets, I sold them. They're gone. I've been taking the doors off, just getting all the stuff out and selling what I can, piece by piece, whatever I can sell," she said.
- Read the original CBC Investigates report here: When a house isn't a home
Elton purchased the home on Summer Street in July 2020 for $168,000. The following spring, she discovered an opening at the front of her house which led her down a frustrating fact-finding mission that still hasn't concluded.
A CBC News investigation in January 2022 revealed Elton's home was originally a double-car garage that had been in a fire and rebuilt as a home by covering up the charred walls with new drywall.
The property was sold as a home years before, despite the city having never inspected the property following its conversion. It had exchanged hands multiple times since the 1980s, and the city had been collecting property tax on what it considered to be a residential property.
A metal casing still hangs inside Tiffany Elton's attic signaling that the property was once a commercial garage. (Paul Pickett/CBC)
After Elton alerted the city to the problem, she was handed a long list of fine notices. The property doesn't have an occupancy certificate and now cannot be lived in.
"I need it torn down. I think the city should have to tear it down because they're the ones who got me in this mess," Elton said.
In 1986, the owners applied to have the garage converted into a home, and the city council of the day approved the conversion.
However, there is no record on file that indicates the city ever received a permit application to do that work or inspected the property after its conversion to a residence.
The city does not have a record of the fire at the property, although it is evident that there was one. The only permit application made to the city was for window and siding replacement in 2006.
As the city never received an application for a permit to work on the property, there is no record of an inspection ever being done or an occupancy permit being issued.
In January, Elton's lawyer Joe Thorne wrote the city a letter urging them to demolish the property for her.
"While many of these problems can be laid at the feet of others, the city bears some responsibility as well," Thorne wrote.
"The cost of the demolition work is a significant burden to Ms. Elton but would be very little to the city."
Request denied
The city denied the request and said it didn't fall under the criteria it sets out for demolition, including when a property is condemned or becomes a public nuisance.
"Further, the city denies any negligence or negligent misrepresentation on its part. As previously set out, no permits were ever sought or issued for any work at 11 Summer St. with the exception of windows in or about 2006," a city lawyer wrote in a letter to Elton's lawyer.
"The city had no knowledge that the extensive changes were actually made to the property. All compliance letters state that a request does not result in an inspection of the property. While your client is able to pursue any claim she chooses, the city will strongly resist any claim in this matter."
The City of St. John's declined to comment on the matter.
Tiffany
Elton stands outside her former home on Summer Street. The property is
for sale, but whoever buys it next can only tear it down. (Ariana Kelland/CBC)
"My city has been dragging me through [this] for three years and, I feel like, treating me like I am at fault when I did not do this, and it feels nefarious. It feels like they're sticking me with this when it was their mistakes," Elton said.
"And what's crushing me is I'm one little small business lady in their town — who cares if I'm OK in the end? It's their money that they're protecting, and I think it's the principle of the matter to them. It would be admitting fault in a way to help me out of this."
The cost to tear down 11 Summer St. is around $20,000.
Leaving the property opens Elton up to the potential of liability — her home insurance dropped her because it's not actually a home.
"It's still my responsibility. I'm still paying property taxes on it as well, so as long as it's standing, it's a worry for me and a stressor for me."
Thorne was, however, able to advocate for Elton to settle with title insurance to discharge the mortgage, reversing a previous decision.
Court too costly
Elton explored the option of bringing the former owner and others to court.
She has found a duct for a propane stove cut through the burnt wood in the living room, suggesting the person who installed it knew the property had been in a fire. However, she's been advised taking the matter to court would be extremely costly.
"And in going to court, you have to bring everybody to court who were a part of it," she added.
In an email to questions from CBC News last year, the previous owner stated they were not aware of any issues with the home in the 10 years they owned the property.
After
being contacted by a previous tenant of the property, Tiffany Elton
found a propane stove had been installed in the living room. Whoever
installed it would have had to cut through the burnt wood to do so. (Ariana Kelland/CBC)
Now 42, Elton has drained whatever savings she had and has no house to call her own. She is now trying to sell the property as is, for someone to tear down.
"It's your biggest purchase and there's no way out. There's no way out," Elton warned.
"Nobody has that much money in savings to take it to court to find a solution. So whatever you buy, you're stuck with it."
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St. John's woman facing prospect of full teardown of garage-turned-home
Tiffany Elton is bracing for costly remediation as lawyer steps in pro bono
Tiffany Elton purchased her first home in July 2020, but soon learned the property had significant issues — the biggest being that the structure had been a fire-damaged commercial garage.
Contractors have provided her with two options to deal with myriad structural and electrical defects outlined by the City of St. John's, after Elton approached the municipality with her concerns.
Both remediation and rebuilding, she said, cost about the same as the purchase price she paid nearly two years ago.
"I need $160,000 and I need to tear down and rebuild the house in 4½ months because the deadline (with the city) is fast approaching," Elton said in a recent interview.
"There seems to be three separate building issues. One being that it was a garage, so it is still structurally a garage. Then there's across the front foundation where the garage door was. Then there's the fire issues."
Elton purchased what she believed was a recently renovated bungalow but soon began unraveling details about the history of 11 Summer St. after rodents found a way into her home.
She discovered the building was a commercial garage that had been converted to a residential home decades before, without the proper permits from the city. The garage had been in a significant fire, and the structure was charred black.
Elton was issued a long list of fine notices by the City of St. John's after she alerted them to the issues. She has until September to rectify all of the defects. If she doesn't, she could have to pay up or get out.
Joe Thorne, a partner in the St. John's office of Stewart McKelvey, offered Elton his services pro bono. (Paul Pickett/CBC)
"Sometimes when you notify an authority about an issue, it backfires," said lawyer Joe Thorne, a partner in the St. John's office of Stewart McKelvey.
"Calling in the city was intended to address a certain issue that she had and now the city has gone in and said, 'Well, there's no occupancy permits for this house and you have major structural issues.'"
Thorne took on Elton's case pro bono after seeing her story profiled by CBC Investigates in January.
"Honestly, my heart just went out to her," he said.
"She's really been was a victim of her circumstances, and whether or not someone is legally responsible for that, she is a victim of the process and I really wanted to help out if we could."
Thorne said Elton tried to protect herself during the home buying process by getting a home inspection, a lawyer, and title insurance. But she's still left in a unenviable position.
Legal assistance
Thorne said he has been investigating the previous owners of the home and whether anyone knew or ought to have known about the fire damage.
Elton said many people came forward to her following the story with information on the history of the property, which could be helpful in the future.
In an email to CBC News in January, the previous owner said she had no idea that the property had been a garage that was significantly damaged by fire.
They owned it for 10 years before selling to Elton. The property has changed hands multiple times since its conversion 35 years ago.
Bringing a case to court would be a lengthy and costly process, and Elton says she doesn't have much time left.
In 1986, the owners applied to have the garage converted into a home and the city council of the day approved the conversion.
However, there is no record on file that indicates the city ever received a permit application to do that work or inspected the property after its conversion to a residence.
Despite that, the city has acknowledged that the property was able to be sold as a residential home for decades.
A metal casing still hangs inside Elton's attic, signalling that the property was once a commercial garage. (Paul Pickett/CBC)
As the city now knows the extent of the damage to Elton's house, it is requiring significant work to be done.
"You're dealing with a municipality and they've got their policies and procedures and they need to make sure that homes are safe for occupancy and all those things," Thorne said.
"But there also needs to be room to consider, you know, Tiffany herself and not just the property, but the person behind the property, who owns the property."
Elton said the city has helped by providing a letter for her title insurance company that outlines the issues with the property.
She said she understands the city is limited by its own acts and codes, but that doesn't remedy her predicament.
The City of St. John's declined a request for an interview.
Help from the public
While the challenges ahead may seem insurmountable, Elton said, she is encouraged by small steps along the way.
After many failed attempts, Thorne and his team convinced an adjuster from the title insurance company to assess the property.
And in the weeks following her story airing, her small business got an uptick in sales.
But nothing, she said, has been more helpful than getting free legal help.
"As you can imagine, it's an emotional roller-coaster. So it's been tough getting through it all," Elton said.
"But just to have that counsel is excellent."
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