Infamous House Up Before Council
For more than a few people it’s a saga that has seemingly been dragging out for years - most recently played out in the pages of the Moose Jaw Express.
The issue was an appeal of a Property Maintenance Order to rectify deficiencies at 1511 Hastings Street West by August 15th.
The most recent deficiencies include a roof partially covered in a tarp, foul odours emitting from the structure plus eavestrough and downspout problems.
The Background
According to the report to Council the property has been an on-going issue since June 2016 when an initial Property Maintenance Order was issued regarding the exterior of the home.
A subsequent order regarding the house's exterior was issued in December 2017.
There was no contact from the property owner nor any work undertaken to correct the deficiencies in the two initial orders.
The home is owned by Moose Jaw native Dr Elizabeth James. Dr James acquired the property from her aunt.
Since September 2018 Dr James has taken steps to rectify the deficiencies pointed out in the Property Defciency Orders.
Dr James acquired the property in November 2018.
She appeared before Council requesting the City grant an extension until November 30th - two years after she acquired ownership - to rectify the deficiencies.
The plans are to sell the home.
Dr James no longer resides in Moose Jaw or Saskatchewan.
Owner Rebuttal
Appearing by a video-link which had periodic audio problems Dr James said she has been unfairly treated by the City of Moose Jaw.
“I thought I would give Moose Jaw City Council the benefit of the doubt. That they were open fair and transparent…the order with the City's requirements is not realistic.”
Dr James claimed she was targeted in a one-sided campaign orchestrated by an unnamed neighbour going on to question the City's actions.
One claim she made was personally witnessing the cleaning out of possessions from the home which was in direct contradiction of the order which listed items still inside the house.
“If there are items in there now they were placed after the fact,” she said, later seemingly infering the City had entered the home without permission if they had photographs from inside.
Dr James claimed she was being targeted with spurious accusations from a neighbour whom she had never met.
“I was advised not to approach them, not to talk to them based upon their mental state…although I have never met this individual they have been waging a one-sided war in the Press,” she claimed.
Dr James did not provide the name of who had warned her nor what proof she had about the neighbour's alleged mental state.
One major area of concern for Dr James was the City was saying one thing to her to comply while in the same breath stating the only option was demolition.
“The result is the City has decided to demolish my property to just to stop the intensive complaints I have been told,” she claimed.
Dr James claimed the City had asked her for permission to use part of an email in legal action against The Moose Jaw Express.
The legal action was allegedly being looked at by the City is in relation to what is clearly identified as an opinion piece.
It should be noted in the past two years evidence has surfaced and statements have made by members of City Council seemingly attacking the Press.
The City recently wrote a letter attacking The Moose Jaw Express about stories regarding the 7th Avenue Bridge.
Mayor Fraser Tolmie spoke with the publisher of the now defunct Moose Jaw Times-Herald and helped kill a story about a major fraud by a would-be developer. A story which turned out to be true.
Additionally Mayor Tolmie and Councillor Dawn Luhning have tried at both at the Saskatchewan Urban Municipalities Association and at the civic level to define who are media and potentially de-accredit publications such as Moose Jaw Independent.
Dr James called the reporting about her property issue by The Moose Jaw Express as “reckless reporting.”
She went on to insinuate the City was largely taking the actions to order the demolition of her property based upon complaints alone.
“I no longer believe in Moose Jaw…the City is folding from an relentless series of complaints.”
Questions To Dr James
In questions from Council Dr James said her intention was to sell the property.
“I have no interest in owning a house in Moose Jaw.”
Dr James said she could not answer a question from Councillor Scott McMann about her plans to restore the property or simply sell it because she said “I don’t know how much it would cost.”
Councillor McMann acknowledged there was media pressure regarding the property but “we do need to get the property to a certain level and that is our concern. Not the pressure we are getting.”
Asked by Councillor Crystal Froese if she had made any moves to sell the property Dr James responded she had spoken to a realtor.
Councillor Froese asked when Dr James planned to put the property up for sale.
“To me you would putting it on the market as soon as you can. Pretty much right away irregardless if you are going to spend any money, do any upgrades,” Councillor Froese said.
Dr James said what Councillor Froese said was a fair assessment of the situation at hand.
Councillor Dawn Luhning asked about the time-line since 2016 to which Dr James said she did not own the home at that time but continued to pay taxes and do what she was able to in the way of repairs.
Councillor Luhning said “something isn’t jiving with me. This has been going on for so long the bottom line is properties need to be looked after in the city.“
Mayor Fraser Tolmie said Council was looking for a solution to the problem.
“I think it would be nice for us to have a timeline…if we make a decision on information you provided…so it might be favourable to you (to provide information),” Mayor Tolmie said.
Contractor Response
Dr James had contractor Glenn Batke of GWB Construction appear on her behalf.
During his presentation Batke said a large portion of the required repairs have been completed.
The roof at the rear of the house has been repaired and re-shingled except where a tree was in contact with the roof, he said, adding a contractor hired had not shown up to remove the tree.
Plans were to complete the roof work by August 15th.
“The roofing will be completed by the 15th. Any of the new issues don’t make sense,” Batke said.
He claimed the odour problems were problematic to fix because of the neighbour's cats.
“We couldn’t even leave the windows open because his cats were going in the house and urinating and leaving feces in the house.”
The hole in the fence the cats were accessing is now boarded up.
About replacing the eaves, Batke questioned the need.
“The eaves wherein good shape, some things don’t make sense.”
The Decision
Councillor Chris Warren said he was disappointed in how the entire issue was played out in public.
“This is the first time, at Council anyways, we have heard the other side of the issue. It is troubling to hear of interference, harassment and bullying tactics of any property owner,” Councillor Warren said.
Councillor Brian Swanson then made the motion to provide an extension to reflect the time it took the appeal to be heard.
Councillor Luhning said she had a hard time supporting an extension given how long the issue has been ongoing.
“I really think we need to think about the neighbourhood,” she said
Council voted to grant an extension until August 21st to complete the work.