Dear editor:
Bylaw No. 5524
A BYLAW OF THE CITY OF MOOSE JAW REGULATING THE CONSTRUCTION, ERECTION, PLACEMENT, ALTERATION, REPAIR, RENOVATION, DEMOLITION, RELOCATION, REMOVAL, USE, OCCUPANCY OR CHANGE OF OCCUPANCY OF ANY BUILDING OR STRUCTURE
(cc) “National Building Code” means the National Building Code of Canada.
(oo) “Renovation” means the renewal of a building or a portion of a building;
(rr) “Repair” means to restore to good condition by replacing or fixing parts of a building;
(xx) “Unsafe Condition” means a condition that could cause undue hazard to the life, limb or health of any person who is authorized or expected to be on or about the premises;
(iii) roof surfacing must consist of asphalt shingles, permitted in the Building Bylaw and/or National Building Code for single-detached residential buildings. All surfacing materials must be in good to excellent condition as determined by the City; and
Insulation
15.7 (a) Any person who contravenes any provision of the Bylaw is liable to prosecution, and upon summary conviction thereof is liable to the penalties prescribed in the Act.
PROPERTY MAINTENANCE AND NUISANCE BYLAW
Bylaw No. 5484
m) “minimum standards” means the standards of maintenance and repair of buildings and structures in the City, which are set out in this Bylaw;
(n) “nuisance” means a Property that:
(ii) is dangerous to the public safety or health; or
(iii) substantially depreciates the value of other land or improvements in the vicinity;
Nuisances Prohibited Generally
5 No person “shall” cause or permit any property, whether occupied or not, to become, or continue to be a nuisance.
Maintenance of Yards
17(1) A yard shall be kept free and clean from:
(c) excessive growth of weeds or grass;
(e) dead or hazardous trees;
25(1) A door “shall” be provided at each entrance to a building and when closed it shall be reasonably tight-fitting within its frame.
(2) All exterior doors, and their associated hardware and locks in a building “shall” be maintained in a weather-tight condition so as to perform their intended function, including:
Walls and Ceilings
30(1) The surface of every wall and ceiling “shall” be maintained:
(a) in good repair, free from holes, broken, torn, damaged, decayed or stained material; and
Habitable Environment
41 Every dwelling unit “shall” provide a safe and sanitary environment for the occupants in accordance with the requirements of this Division.
Sanitary Facilities
43(1) Every dwelling unit “shall” be provided with a functioning toilet, wash basin, bathtub or shower and kitchen sink.
So, even a Derelict Property needs a working, “crapper”? A little humour for City Manager Puffalt and Chief Montgomery.
City Act
5(1) Unless otherwise provided by any other provision of this or any other Act, a city is required to act through its council.
(2) If required to do so by this Act, a council shall exercise a power through the passing of bylaws.
I asked Chief Montgomery if “sealing up the property” was all they were going to do.” I asked before I considered future complaints against the property next door just in case there is more work planned by the city.
The city manager referred my questions to (Mark Yemen leads McDougall Gauley’s municipal law group), a Saskatoon Lawyer.
I also asked if the “taxpayers are paying this lawyer” to which I got “silence,” from this lawyer so how is one to communicate with the wall of silence at city hall.
Mr. Puffalt, how many times do you get to go around council before you are held to account by the mayor and council?
Is asking questions of senior managers out of line, and does being referred to a lawyer constitute Mr. Puffalt’s customer service?
Councillors, if we had an “independent” ARO review process not involving the city manager/councillors, I would gladly use the process to check up on your officials or you. Why can’t your Commissioner have a (city) email address so citizens can have confidence the process is impartial. Where is our right to privacy?
The City responded in a manner that was consistent with enforcement of the Property Maintenance and Nuisance Bylaw and worked with the property owner to correct the issues.
(Puffalt said on September 1, 2020 report to council)
Just for argument sake, I checked the above bylaw 5484 and the Fire Safety Bylaw 5567 and couldn’t find any reference to “sealing up the property.”
It seems Moose Jaw’s city manager and fire chief need to be reminded they are in contravention of bylaw 5484. “Sealing up the property” is nowhere to be found.
Let me remind you:
(15.7) (a) Any person who contravenes any provision of the Bylaw is liable to prosecution, and upon summary conviction thereof is liable to the penalties prescribed in the Act.)
Mr. Puffalt and Mr. Montgomery, one could say not repairing the damage (2 open holes) covered by OSB and shingled over doesn’t meet bylaw 5524?
Mr. Puffalt, you wonder why I write editorials, I don’t accept “silence” from you or Montgomery or your officials as a solution. I believe in facts based in truth and they need to be heard. We also have a fundamental right to “free speech.”
Carter Currie
The above opinion belongs to the writer of the letter and does not necessarily reflect the position of this organization.
