Concerns about abandoned, neglected and abandoned properties have been an issue in the City of Moose Jaw for years. These properties affect the entire neighborhood, whether it’s weeds growing out of control and creating a fire hazard, messy backyard encampments, eyesores, or unpleasant odors. So what can be done about it?

City Manager Maryse Carmichael said the problem starts with definitions. Are they really abandoned? How neglected must a property be to justify municipal intervention? Can the property owner be contacted?

“We’ve looked into it through our city attorney and our bylaw enforcement, and some cities look at them differently than others, so it depends,” Carmichael said. “We are tracking a number of (abandoned or dilapidated properties), but we don’t have a definitive number at this time.

“(Management of them) really depends on the individual ownership. There are probably six or seven different scenarios. Properties that are completely abandoned and for which no taxes are paid are certainly a category where at that time we can apply to the province, under the tax law, for ownership of the property.

“In some houses no one lives in them, but the owners pay their taxes regularly and they are regularly maintained. That’s another category. … In some of them, it can become a bylaw issue if the property owner doesn’t follow the bylaws, whether it’s for yard maintenance or some other issue. … Every property is different.”

Carmichael brought up the example of Stadacona Apartments, which had long been known to be lacking maintenance and becoming a slum: Garbage was piling up, utilities were not paid, and residents and their guests were coming and going. without taking into account the processes of the tenants.

The property owners were unreachable and the Moose Jaw Fire Department determined there were significant fire code and immediate safety risks. In October 2023, the Stadacona apartments were evacuated and various government and community social organizations were enlisted to find places for the occupants to stay.

However, that was all the City could do on its own. Property owners have extensive rights and protections, and the next step was to ask the provincial government to intervene.

“Landlords have their rights too,” Carmichael explained. “We have to look at all angles before we act, and sometimes, even though it may please a neighbor, there may not be anything legally wrong with the property or technically related to safety. In that case, we cannot intervene.”

In situations where property taxes are accumulating and the owner is not liable, a lien is placed on the property, warning that it cannot be sold or otherwise disposed of until the current owners pay the municipality what is owed. Once the lien is imposed, there is a six-month waiting period while a provincial mediation board attempts to establish a tax payment plan with the property owner.

If that fails, the property is at the discretion of the provincial mediation board, and they can choose to give it to the city.

Another example Carmichael gave was a recent case of a property with a campsite in the backyard. The tenant had given permission, which complicated the situation. Ultimately, it was determined that the zoning ordinance was being violated and city development officials cleaned up the property.

In 2020, the city had about 30 abandoned properties listed for remediation. In 2021, former city manager Jim Puffalt He said about a dozen of those properties had been rectified.

Carmichael recommended that if you see a property of concern that is a safety issue, you can call the fire department or 9-1-1, or if it is a bylaw issue, use the City of Moose Jaw app or report it to Moose City. jaw website.

Moose Jaw Police Service

Jay-D Haughton, public information and strategic communications manager for the Moose Jaw Police Service (MJPS), said in an email that police’s legal power to intervene on private property is limited.

If someone is camping or tenting on private property with the permission of the owner or landlord, Haughton said, MJPS does not have the authority to force them off, because they have the consent of the owner or landlord. If criminal activity takes place on the property, then they can intervene and arrest the person or persons involved, and due process of law is then followed. However, that still would not prevent the individual from returning to that property (with the owner’s consent) if they are later released.

“The Moose Jaw Police Service does not have the authority to ‘evict’ people,” Haughton explained. “Those types of matters are handled by members of the Deputy Sheriff as a result of a decision or order from the Residential Tenancies Office. You would need to contact them to get a response regarding the eviction process.”

However, there is nothing in Canadian law or provincial statute that refers to so-called “squatters’ rights.” Permission from the property owner is required. When the property owner is delinquent on taxes or is not contactable, the municipal/provincial process must be followed.