Homeowners who store or build anything on municipal-owned property will be encouraged to voluntarily remove those objects as part of a public education program, although mandatory enforcement would follow for non-compliance.
Encroachment on municipal-owned or -controlled property has been an ongoing issue for years, according to a report from the planning and development services department. Encroachment is defined as any portion of a building, structure, vehicle or other objects that extends onto municipal property.
The City of Moose Jaw has historically enforced encroachment issues on a complaint-driven basis. This process has been effective to address specific circumstances but does not always allow the municipality to act on issues of damage to public spaces or misuse of public lands.
The report was presented at city council’s Dec. 9 regular meeting. Council voted 5-1 to authorize city administration to proceed with public education about encroachments on municipal-owned or -controlled property. News releases will be sent out as a general reminder, followed by letters to property owners explaining how they are encroaching on municipal property and reminding them of municipal requirements.
Coun. Brian Swanson was opposed, while Coun. Chris Warren was absent.
Report background
There are three categories of encroachment issues that require proactive solutions, explained Michelle Sanson, director of planning and development services. These categories include vehicle access through park spaces, legal laneways, and structures on municipal land.
Some homeowners use park space to access their properties from the rear. City administration has identified several locations where continuous vehicle traffic has damaged public property, which costs the municipality time and money to fix.
In cases where vehicle access is not required, the parks and recreation department intends to plant trees allowing for only foot traffic, she continued. Temporary obstructions will be installed if vehicle access is required for maintenance of green spaces.
Legal laneways accommodated railway tracks or other utilities and provided rear access to commercial and industrial operations. But as tracks and other services were removed, adjacent property owners took over the lands for additional yard space. Administration has received inquiries from property owners about possibly buying these lands.
Closing a legal laneway takes time and money, said Sanson. The goal is to develop a policy that will standardize the process and establish criteria to identify the appropriate situations to close or sell a laneway.
As for structures on municipal land, there are temporary encroachments such as gardens, RVs, boats, trailers, and vehicles, and permanent structures such as sheds, fences, driveways, or buildings.
The best way to address temporary encroachments is by sending homeowners a letter asking them to remove the objects, said Sanson. Meanwhile, it could be possible to lease land to homeowners who have permanent structures already there.
Council discussion
There are hundreds of encroachments on municipal property, Sanson told Coun. Dawn Luhning. It will likely take six to eight months to send letters to all homeowners who have encroachments.
“We have only two bylaw officers. Winter is quieter, so that’s a good time to start doing this (sending letters),” Sanson said.
There are many temporary structures placed on municipal land and park space in the summer, which makes maintaining those areas difficult and delays productivity, said city manager Jim Puffalt. It’s important to notify residents during the winter and spring and ask for voluntary compliance.
City hall will move forward with enforcement after the education period, Sanson told Coun. Scott McMann. However, city administration wants to start with education and ask for voluntary compliance.
Councillors Heather Eby and Crystal Froese both expressed their surprise at how widespread encroachment is throughout the municipality, with Eby saying she was disappointed damage is being done to parks where traffic is happening where it shouldn’t be occurring.
The next regular council meeting is Monday, Dec. 16.
