Concerns about abandoned, neglected, and derelict properties have been an issue in the City of Moose Jaw for years. Such properties affect the entire neighbourhood, whether it's brush growing out of control and creating a fire hazard, messy encampments in backyards, the eyesore, or unpleasant smells. So, what can be done about them?
City Manager Maryse Carmichael said the problem starts with definitions. Are they truly abandoned? How neglected must a property be to warrant municipal intervention? Is the property owner able to be contacted?
“We have done research through our city solicitor and our bylaw enforcement, and some cities consider them differently than others, so it depends,” Carmichael said. “We are tracking a number of (abandoned or derelict properties), but we don’t have a definite number right now.
“(Handling them) really depends on the individual property. There are probably six or seven different scenarios. Properties that are fully abandoned and for which taxes are not being paid is certainly one category, where at that point we can apply to the province under the taxation law for ownership of the property.
“Some houses, no one lives at the property, yet property owners are paying their taxes on a regular basis, and there’s regular maintenance being done. That’s another category. ... Some of them, it can become a bylaw issue if the property owner is not respecting the bylaw, whether it’s for yard maintenance or some other issue. ... Every property is different.”
Carmichael brought up the example of the Stadacona Apartments, which was long known to be unmaintained and was becoming a slum — garbage piled up, utilities went unpaid, and residents and their guests moved in and out with no regard for tenant processes.
The property owners were unreachable, and the Moose Jaw Fire Department determined there were major fire code and immediate safety risks. In October 2023, the Stadacona Apartments were evacuated, with various government and community-based social organizations enlisted to find places for the occupants to stay.
However, that was all the City could do by itself. Property owners have extensive rights and protections, and the next step was to apply to the provincial government for intervention.
“Property owners also have their rights,” Carmichael explained. “We have to look at every angle before we act, and sometimes, while it might please a neighbour, there might not be anything legally wrong with the property, or technically safety related. In that case, we cannot intervene.”
In situations where property taxes are piling up and the owner is unresponsive, a lien is placed on the property, advising that it can’t be sold or otherwise disposed of until the current owners pay the municipality what it’s owed. Once the lien is placed, there is a six-month waiting period while a provincial mediation board attempts to set up a tax repayment plan with the owner.
If that fails, the ownership is at the discretion of the provincial mediation board, and they may choose to give it to the city.
Another example Carmichael gave was a recent case of a property with an encampment in the backyard. The renter had given permission, which made the situation tricky. Eventually, it was determined the zoning by-law was being violated, and the property was cleared by city development officers.
In 2020, the city had about 30 derelict properties listed for remedy. In 2021, former City Manager Jim Puffalt said about a dozen of those properties had been rectified.
Carmichael recommended 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 on the City of Moose Jaw website.
Moose Jaw Police Service
Jay-D Haughton, public information and strategic communication manager with the Moose Jaw Police Service (MJPS), said in an email that the legal power of police to intervene on private property is limited.
If someone is camping or tenting on private property with the owner or landlord’s permission, Haughton noted, the MJPS have no authority to make them leave, because they have the consent of the owner or landlord. If criminal activity is being conducted on the property, then they can intervene and arrest the person or persons involved, and due legal process is followed after that. However, that still wouldn't prevent the individual from returning to that property (with the consent of the owner or landlord) if they are subsequently released.
"The Moose Jaw Police Service has no authority to 'evict' people," Haughton explained. "Those types of matters are handled by Deputy Sheriffs members as a result of a decision or order by the Office of Residential Tenancies. You would have to contact them to get an answer on the eviction process."
However, there is nothing in Canadian Law or Provincial Statute that speaks to so-called 'squatters rights.' Permission of the property owner is necessary. Where the property owner is in tax arrears or uncontactable, the municipal/provincial process must be followed.