Hamilton artist says he's owed tens of thousands for murals created under city program
City economic development director says property owners must pay artists then get reimbursed
Mural artist Scott McDonald was born and raised in Hamilton, and after going through throat cancer, he made it his mission to make a difference in the city.
He told CBC Hamilton he wanted "to leave a legacy of just having a vibrant arts scene in the city, and actually make this an artist city."
McDonald was an organizer of the Concrete Canvas festival and helped make Hamilton's first legal street art wall a reality. But after painting several beautiful murals around Hamilton, he said, dealing with the city has left him feeling "ripped off."
He said he can't afford to wait for the $40,000 he says he is owed for two murals he painted in the summer, after spending three years trying to get paid $10,000 for a mural he finished in 2021.
"The city needs to change," said McDonald, "I don't understand how they can get away with this."
WATCH: Hamilton artist on why it's so expensive to paint a mural in the city
McDonald said all three of these murals were done under the Commercial District Revitalization Grant Program.
The fee for his 2021 mural of Frankie Venom, lead singer of the Hamilton band Teenage Head, on Rebecca Street was $20,000, of which half would be reimbursed to the property owner under the program.
McDonald said the property owner paid him the $20,000 in full as he waited to get the $10,000 city reimbursement.
He said the property owner did all the work required under the program, including getting permits, to set himself up for getting the money back from the city.
However, after a year of waiting, McDonald said he gave the property owner back the $10,000 because he felt bad about the situation.
Then, McDonald, the property owner and the city made an agreement in which the city would pay him the $10,000 by addressing the cheque to both McDonald and the property owner.
It is really unfortunate any artist in our city would go so long unpaid for their labour, talent and time.- Nrinder Nann, Hamilton councillor
McDonald said he has made this agreement with the city for other murals before and "it was always a hassle."
According to Norm Schleehahn, director of economic development with the city, property owners who commission artists for these murals are responsible for paying the artist in full and provide proof before the city can reimburse the property owner.
However, "for this specific application and understanding the significant delays," once the city confirmed McDonald had been paid half of his amount owed and with the property owner's consent, the city was able to provide a joint cheque to McDonald and the property owner.
The $10,000 cheque was ready on Oct. 18, one day after CBC Hamilton reached out to the city to ask questions about McDonald's case.
However, he said he has been unable to cash the cheque as it was improperly drafted.
Artist says process makes him feel like 'leverage'
Schleehahn said that before processing payment, the city must also ensure property owners are up to date on property taxes, "no building code, fire code or property code violations are on file, zoning that permits the current business is in place and [the city has to] validate who the property owner is via a title search."
This is done in order to "protect city tax dollars," said Schleehahn.
McDonald said that process made him feel like "leverage" because each time the property owner submitted the necessary documents, the city would request something else.
One of the two other murals is on Concession Street and is for a new diner. The other is a painting of a biker on a building on Barton Street East.
McDonald's fee for each mural was $40,000. Both property owners are on payment plans to give McDonald $20,000 each and won't finish giving him what he's owed for at least eight months. Until then, according to the rules of the program, the city won't start its due diligence.
McDonald said he's tired of having to ask for money he worked hard to get.
"I will not subject myself to this for the other two murals for the sake of my mental health," he said.
McDonald said the delay in getting paid has affected his ability to accept other work because it costs him upwards of $12,000 in preparation costs before he even gets started.
'I just want to get my money'
Ward 3 Coun. Nrinder Nann told CBC Hamilton in a email that one of the challenges with the program is "perhaps [it] is not structured in a way that works for artists."
Nann said she's a "big fan" of McDonald's murals and his art has brought "a lot to our neighbourhoods in Ward 3."
"It is really unfortunate any artist in our city would go so long unpaid for their labour, talent and time."
Nann added it is important that the city review the program to "avoid artists facing this type of situation."
Schleehahn said city staff plan to put forward a new program that would see artists paid directly and will have city staff collaborate directly with the Hamilton arts community, but that won't happen until 2026.
"In the meantime, I just want to get my money and just never look at that program again," said McDonald, adding he'll likely look for work in other cities in the meantime.
"You can't work here."
McDonald said other artists in Hamilton are going through similar situations, but are hesitant to speak out.
CBC Hamilton has not been able to confirm or connect with other artists going through similar experiences.
McDonald added that while his position as an established artist has allowed him to speak up, other local artists have been forced to take day jobs and give up their studios due to delayed city payments.
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