MOOSEJAWEXPRESS.COM • Wednesday, September 25, 2019 • PAGE A21
City Hall Council Notes
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Resident wants bylaw enforced over light shining into condo unit Jason G. Antonio - Moose Jaw Express
All Kathi Hagman wants to do is live in her condominium in peace, but for nearly a year a nearby light “that you could possibly see from NASA” has been shining into her bedroom. Hagman attempted to resolve the issue by contacting members of her Alpine Village condo board but realized no communication with them would fix the problem. So, she searched through municipal bylaws hoping to find a solution. She found a possible solution under the Property Maintenance and Nuisance Bylaws, a part of which states: “No owner of a property shall cause or allow any light fixture attached to that property or illuminated signage to shine directly into the living or sleeping areas of an adjacent dwelling house or cause a nuisance to an adjacent property.” She complained to the bylaw enforcement officer in February but was told the light had to be shining directly at her property. “No problem, I thought, it was and is so bright (that) I was concerned we would have planes landing in the parking lot,” Hagman told city council during its Sept. 9 regular meeting, in an attempt to resolve the issue. The bylaw officer called her two weeks later and said there was nothing the municipality could do since the
light wasn’t shining directly at her property but was shining “downward.” Therefore, there was no contravention of the municipal bylaw. The bylaw officer also told Hagman he had looked at the light during the daytime. Later that night, Hagman realized the light shining in was brighter than the light illuminating the room. She told council that she wondered how the bylaw officer determined that the light was not shining into her unit when he had not entered her home. A letter from city hall on April 2 reiterated the bylaw officer’s statements. However, she was confused by the letter, which said this was a civil matter and not a municipal problem. A follow-up letter from the bylaw officer stated that since the issue was occurring on the same property and not a separate property, this was a civil matter. Hagman objected to that, telling council that the municipality won’t enforce the bylaw since it sees this property — a condominium building — as a whole and not units owned by 23 individual taxpayers. With no support from the bylaw office, Hagman spoke with Mayor Fraser Tolmie and later city manager Jim Puffalt, the latter saying he would visit the property to see the light — when it was dark outside.
Hagman received one last letter from city hall on Aug. 6, which said the municipality had consulted with the condo board and concluded its involvement. She later spoke with Puffalt on Aug. 23, who said the municipality had done everything it could, with no explanation of why the bylaw was not being enforced. “I was told that a solution would be to ‘close my blinds,’” Hagman told council. “I was flabbergasted by the fact that instead of helping me in any way, I was just given — in my opinion — that ridiculous ‘solution.’” Solutions that could work, in Hagman’s mind, include relocating the light, covering it so it doesn’t shine into anyone’s condo, or dimming it to its previous levels. Hagman wanted to know why there are bylaws if they aren’t enforced. She thought this was a light “that you could possibly see from NASA shining (into) my bedroom.” “Not enforcing this bylaw makes absolutely no sense to me,” Hagman remarked, especially when bylaws are enforced for untidy yards and noise complaints. “I truly feel like this has been going on unfairly for far too long … ,” she added. “I am asking … that this bylaw be enforced, so I can start to enjoy my home again.”
Council agrees to help resident in dispute with condo board Jason G. Antonio - Moose Jaw Express
City administration will help a resident in a dispute with her condo board over an intense streetlight shining into her unit, although no major punishment can be given out based on current bylaws. A report from city administration indicated the bylaw enforcement department encouraged Hagman to meet with the condo association to resolve the matter privately since the municipality could play no further role in this dispute. City administration suggested a motion to receive and file the report was the best option. However, the situation did not sit well with council, which voted unanimously to direct city administration to enforce the zoning bylaw under the assumption the condo association has separate title of the property where the light is located. The zoning bylaw says, “Outdoor lighting for all developments shall be located and arranged so that no direct rays of
light are pointed at nearby properties, or interfere with the safe operation of nearby roadways or traffic control devices.” Council discussion This issue was brought to the condo association’s attention, which was told to address the situation, said city clerk Myron Gulka-Tiechko. No ticket can be issued for this under the bylaw; instead, a notice of contravention is the next step in this process. The condo association would then be able to appeal to city hall, he continued. In fact, the association could speak to council and provide its version of events. City administration also could send another letter to the condo board to address the situation — the letter could force the board to act — or it could take “more stern enforcement” in some way. “We haven’t had this kind of situation before,” Gulka-Tiechko added. The light appears to have been installed
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for two purposes: to illuminate the door below it and to protect the adjacent parking lot, said Coun. Brian Swanson. Having visited the property, he noticed that lights over other door entrances are lower and less intense in brightness. City hall sent the condo board a letter in June about this situation, said Coun. Scott McMann. The letter recommended that the board put a barrier or reflector on the light to diminish its intensity. He thought that odd since city administration didn’t believe the issue conflicted with the zoning bylaw. “I think she has a case here,” he added. City administration interprets the section in the zoning bylaw dealing with site lighting as an issue between properties, explained Michelle Sanson, director of planning and development services. This is one whole property, not two, she continued. Furthermore, city admin-
NEW SOUTHERN PLAINS MÉTIS LOCAL #160 is having our Annual General Assembly Date: October 27, 2019 Time: 2:009m - 3:00pm Place: 210-310 Main Street North Members that have any Constitutional proposed amendments and committee reports must be submitted in writing to New Southern Plains Métis Local #160 office by the 13th of October 2019. New Southern Plains Métis Local #160 would like to thank everyone who participated in the many activities throughout the year.
istration hoped the board would work with Hagman. The board did say it looked at various options for the property but couldn’t come up with a solution. “I am not sure we have the authority to force them into doing anything,” Sanson added. If the wording in the bylaw is simply the problem, then council should be able to help Hagman with her concern, McMann said. It shouldn’t be her problem if the bylaw is unclear. Council should act under the bylaw and a ticket should be issued to the property owner, agreed Coun. Dawn Luhning. This might spur the board into action. Furthermore, the pictures Hagman submitted are proof of how bright the light is. “I also think it is our job to ensure our citizens are comfortable in their homes,” Luhning added.
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