Worried about abandoned properties? City and Police Answer Frequently Asked Questions – DiscoverMooseJaw.com

Concerns about abandoned, neglected and dilapidated properties have been an issue in the city of Moose Jaw for years. Such properties impact the entire neighborhood, whether they are out-of-control bushes that create fire hazards, cluttered encampments in backyards, eyesores, or unpleasant odors. So, what can be done about it?

City Manager Maryse Carmichael said the problem starts with definitions. Are they really being abandoned? How neglected does a building have to be to justify municipal intervention? Is the owner of the property available?

“We’ve done research through our city attorney and our bylaws, and some cities consider them differently than others, so it depends,” Carmichael said. “We are monitoring a number of (abandoned or dilapidated) properties, but we do not have a definitive number at this time.

“(Its treatment) 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 one category where, under tax law, we can apply to the county for ownership of the property at that time.

“Some houses have no one living in the property, but property owners pay their taxes regularly and maintenance is carried out regularly. That’s a different category. … For some, it can become a bylaw issue if the property owner does not respect the bylaws, whether it’s about yard maintenance or some other issue. …Every home is different.”

Carmichael cited the example of the Stadacona apartments, which had long been known to be unmaintained and becoming a slum: trash was piling up, utilities went unpaid, and residents and their guests moved in and out without billing to keep up with the tenant processes.

The property owners could not be reached and the Moose Jaw Fire Department determined there were major fire code violations and immediate safety hazards. In October 2023, the Stadacona Apartments were evacuated, with several government and community organizations called in to find housing for the residents.

However, that was the only thing the city could do itself. Property owners have extensive rights and protections, and the next step was to apply to the provincial government for intervention.

“Property owners have their rights too,” Carmichael explains. “We have to look at every angle before we act, and sometimes, even though it may please a neighbor, there is nothing legally wrong with the property, or technically nothing to worry about in terms of safety. In that case we cannot intervene.”

In situations where property taxes pile up and the owner does not respond, a lien is placed on the property, advising that it cannot be sold or otherwise disposed of until the current owners have paid the municipality what it owes is. Once the lien is posted, there is a six-month waiting period while a county mediation board attempts to work out a tax refund plan with the property owner.

If that fails, the property is at the discretion of the county conciliation 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 tenant had given permission, which made the situation difficult. Ultimately, it was determined that the zoning ordinance was violated and the property was vacated by city development officials.

In 2020, the city had about 30 dilapidated properties listed for rehabilitation. In 2021, former city manager Jim Puffalt said about a dozen of those properties had been remedied.

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

MooseJaw Police Department

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

If someone is camping or tenting on private property with the owner’s or landlord’s permission, Haughton noted, the MJPS has no authority to make them leave because they have the owner’s or landlord’s permission. If criminal activity is taking place on the premises, they can intervene and arrest the person or persons involved, after which appropriate legal proceedings will be followed. However, that would still not prevent the individual from returning to that property (with the owner’s or landlord’s permission) if he/she is subsequently released.

“The Moose Jaw Police Department has no authority to ‘deport’ people,” Haughton explained. “These types of cases are handled by members of the deputy sheriffs as a result of a decision or order from the Office of Residential Tenancies. You should contact them to get answers about the eviction process.”

However, there is nothing in Canadian law or provincial statute that speaks to so-called “squatters’ rights.” Permission from the property owner is required. If the property owner is in arrears on taxes or cannot be contacted, the municipal/provincial process must be followed.