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UPDATED: City handled derelict property complaint properly, ombudsman rules

'Based on our assessment, we find that the City met its legal obligation to provide the property owner with reasonable administrative fairness in accordance with the law'
Currie ppty 1
Resident Carter Currie stands in front of the derelict property and abandoned house at 1511 Hastings Street on South Hill. He wants the city to demolish the home since it's a hazard. Photo by Jason G. Antonio

The City of Moose Jaw fulfilled all of its responsibilities in how it handled complaints about a derelict property at 1511 Hastings Street, the provincial ombudsman has ruled.

For the past 17 years, property owner Carter Currie has expressed concerns about the run-down home and property adjacent to him on Hastings Street. Since August 2018, he has sent emails to city council and city hall with his complaints, while he also submitted letters to the editor to the Moose Jaw Express.

Currie contacted the Saskatchewan Ombudsman this past June and asked for a review. After investigating the situation, assistant ombudsman Lindsay Mitchell sent a letter to city manager Jim Puffalt on Aug. 13 with the organization’s findings.

In the letter, Mitchell laid out the timeline of Currie’s complaints during the two years and how city hall responded to each concern.

Ombudsman’s findings

“Based on our assessment, we find that the City met its legal obligation to provide the property owner (Currie) with reasonable administrative fairness in accordance with the law by offering the property owner an appeal process and negotiating a reasonable timeline for completing any outstanding work on the property,” Mitchell wrote.

“We also found that the City of Moose Jaw responded appropriately to the complaints about the property while maintaining its obligation to ensure the privacy of the property owner (of 1511 Hastings Street, Dr. Elizabeth James).

“Since the formal complaint in August of 2018, the City has actively ensured that inspections have been completed and work is done on the offending property; it has applied the legislation, regulations and bylaws correctly; it has responded in a timely and reasonable manner; and has offered sincere apologies where appropriate … ,” added Mitchell. “For these reasons, we will not review this complaint any further. Our file is now closed.”

Council meeting

During the Sept. 8 regular meeting, council voted 6-1 to have city hall write a letter to Currie explaining the requirements to address city council either as a delegation or during the public forum. Council also approved a motion to receive and file the ombudsman’s report.

Coun. Brian Swanson was opposed.

According to a council report, Currie has now requested that the administrative review officer (ARO) analyze his complaint.

Council discussion

“This has been a very, very, very public issue,” said city manager Jim Puffalt.

Currie attempted to lobby and pressure city hall to demolish the home and clean up the property, but the municipality has followed its procedures when dealing with derelict properties, he continued. However, Currie refused to accept this and began a letter-writing campaign urging the home be demolished.

Fortunately, Currie went to the ombudsman, which allowed city hall to provide information about the situation, Puffalt remarked. City hall attempted to convince the the resident to take his concerns to the ARO, which is an arms-length body, but Currie declined.

Puffalt took a swipe at the Moose Jaw Express for covering this issue, saying an article in a previous edition allegedly accused city hall of not responding to Currie’s complaints promptly. The city manager pushed back, saying city hall contacted Currie after the media outlet emailed council and administration about the problem in November 2018.

Despite city hall’s best efforts, Currie kept writing his letters, Puffalt added. Council later decided on the property in July, after property owner Elizabeth James appeared by video to discuss the situation. She also completed the tasks in the city’s work order.

“We should bear in mind that (Currie’s) complaints about that residence were some 15 years in length. You can understand the frustration of the resident (who’s) trying to get action (and) it takes 15 years,” said Swanson. “Some would see that as persistence.”

The next regular council meeting is Monday, Sept. 21.

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