Moose Jaw Forum

by **jty** » Tue Oct 18, 2011 12:05 pm

http://www.discovermoosejaw.com/index.p ... Itemid=681
Neighbourhood Rift Results in Bylaw
Tuesday, 18 October 2011 07:24
Flooding was a widespread problem this past spring but apparently it was a bigger headache for one local resident.
At least two Moose Jaw City Councillors have reported getting a complaint from a local resident that a neighbour was pumping water from his yard into hers during the spring flooding. It ended up flooding her basement according to the recount given during Monday night's city council meeting. The homeowner called police but they apparently explained that there was nothing they could do since there was no bylaw against it.
Now there is. Councillors agreed to have city administration work on a new bylaw or amend an existing one to prevent something like this from happening again.

Why could this arrogant neighbor not have been charged under the provincial regulations and be forced to pay for damages? Don`t provincial regulations supersede municipal regulations?

by **Priapus** » Tue Oct 18, 2011 2:37 pm

jty wrote:http://www.discovermoosejaw.com/index.php?option=com_content&task=view&id=19305&Itemid=681
Neighbourhood Rift Results in Bylaw
Tuesday, 18 October 2011 07:24
Flooding was a widespread problem this past spring but apparently it was a bigger headache for one local resident.
At least two Moose Jaw City Councillors have reported getting a complaint from a local resident that a neighbour was pumping water from his yard into hers during the spring flooding. It ended up flooding her basement according to the recount given during Monday night's city council meeting. The homeowner called police but they apparently explained that there was nothing they could do since there was no bylaw against it.
Now there is. Councillors agreed to have city administration work on a new bylaw or amend an existing one to prevent something like this from happening again.

Why could this arrogant neighbor not have been charged under the provincial regulations and be forced to pay for damages? Don`t provincial regulations supersede municipal regulations?

Did you have a specific piece of provincial legislation in mind?

by **jty** » Tue Oct 18, 2011 3:40 pm

Priapus wrote:Did you have a specific piece of provincial legislation in mind?

No, and I am not about to spend time and money on line to retrieve such documentation either. But I am sure it must exist for I recall hearing of farmers being found at fault and charged for doing the same thing but on a larger scale (draining sloughs on neighboring land without permission from the proper provincial authority).

by **Priapus** » Tue Oct 18, 2011 3:47 pm

jty wrote:
Priapus wrote:Did you have a specific piece of provincial legislation in mind?

No, and I am not about to spend time and money on line to retrieve such documentation either. But I am sure it must exist for I recall hearing of farmers being found at fault and charged for doing the same thing but on a larger scale (draining sloughs on neighboring land without permission from the proper provincial authority).

if you watched council last night, you will know the person approached the police first. they were told there was no legislation that they could use to intervene. I certainly wouldnt be surprised to find out the MJ police were wrong, but it does help to be able to point to a specific piece of legislation or even a previous case rather than just basing your claim on a vague memory of a past rumour. (shrug) Are you sure the situation you are remembering wasn't a civil case, rather than a criminal one?

by **jty** » Wed Oct 19, 2011 8:55 am

Priapus wrote:if you watched council last night, you will know the person approached the police first. they were told there was no legislation that they could use to intervene. I certainly wouldnt be surprised to find out the MJ police were wrong, but it does help to be able to point to a specific piece of legislation or even a previous case rather than just basing your claim on a vague memory of a past rumour. (shrug) Are you sure the situation you are remembering wasn't a civil case, rather than a criminal one?

Saskatchewan Drainage Control Regulations http://www.qp.gov.sk.ca/documents/Engli ... 33-1R1.pdf

Contravening any type of Act or Regulation should carry some kind of legal discipline, otherwise why bother having them.

Page 13 of the document may yield a better response for this individual than "a vague memory of a past rumor"

by **Sledge** » Wed Oct 19, 2011 9:24 am

Fail to see how this "Drainage works" provincial regulation applies to the issue of a neighbor pumping/directing water onto another neighbor's property within a City; and even if it, in someway, is applicable the associated bureaucratic process would seem to be tedious at best and would likely take place after the fact the same as Civil Litigation. Most Cities I have lived in - Canada/US - have bylaws/laws in place, to govern the few inconsiderate people that need it, that prohibit the "Directing of water" onto a neighbors property from any source. The laws is straight forward for all to understand, is quickly enforceable - if need be - and provides for a quick response to a problem thus creating better community synergy!

by **Juney** » Sun Oct 23, 2011 9:33 am

What about water draining from the roof of a business, filling up the alley, and making its way onto private property? Plus property owner having to haul a loaded garbage bin across, at times, this frozen rutted skating rink?

by **mmmhmm** » Sun Oct 23, 2011 6:46 pm

Water draining from the roof of any building has to go somewhere. Many (if not most) do not have any infrastructure for rainwater removal, such as weeping tile or a greywater drain. Thus, whatever isn't retained in a rain barrel or soaked into the ground will make its way onto adjoining property. According to this thread (and common sense), you shouldn't direct it onto your neighbors property. That leaves front streets and rear lanes for water removal. If the water pools in the alley and runs back onto somebody's property, I'd assume that it would be the responsibility of the city to ensure that the street/alley is properly graded to remove the water draining from the properties.

Priapus, does that sound accurate?

by **Priapus** » Sun Oct 23, 2011 8:21 pm

mmmhmm wrote:Water draining from the roof of any building has to go somewhere. Many (if not most) do not have any infrastructure for rainwater removal, such as weeping tile or a greywater drain. Thus, whatever isn't retained in a rain barrel or soaked into the ground will make its way onto adjoining property. According to this thread (and common sense), you shouldn't direct it onto your neighbors property. That leaves front streets and rear lanes for water removal. If the water pools in the alley and runs back onto somebody's property, I'd assume that it would be the responsibility of the city to ensure that the street/alley is properly graded to remove the water draining from the properties.

Priapus, does that sound accurate?

I think alley and street drainage would be the city's responsibility, but at certain times it might not be possible (i.e. flooding).

In the case that started this, my understanding is the water is being pumped onto the neighbour's property and is likely causing damage. If you are pumping the water, I suspect we are then talking about a lot more water than rain would produce. But every property should have some kind of street frontage, so there should be an alternative to directing it onto a neighbour's property. There just doesnt seem to be a mechanism to force them to do it.

by **truth defender** » Fri Dec 02, 2011 6:01 pm

Priapus wrote:
mmmhmm wrote:Water draining from the roof of any building has to go somewhere. Many (if not most) do not have any infrastructure for rainwater removal, such as weeping tile or a greywater drain. Thus, whatever isn't retained in a rain barrel or soaked into the ground will make its way onto adjoining property. According to this thread (and common sense), you shouldn't direct it onto your neighbors property. That leaves front streets and rear lanes for water removal. If the water pools in the alley and runs back onto somebody's property, I'd assume that it would be the responsibility of the city to ensure that the street/alley is properly graded to remove the water draining from the properties.

Priapus, does that sound accurate?

I think alley and street drainage would be the city's responsibility, but at certain times it might not be possible (i.e. flooding).

In the case that started this, my understanding is the water is being pumped onto the neighbour's property and is likely causing damage. If you are pumping the water, I suspect we are then talking about a lot more water than rain would produce. But every property should have some kind of street frontage, so there should be an alternative to directing it onto a neighbour's property. There just doesnt seem to be a mechanism to force them to do it.

You need travel more than a couple of back alleys in South Hill about this one Priapus.
In one neighbourhood the city literally built the alleyway up 2 - 3 feet higher than adjacent properties years ago as the alley was flooding and the garbage truck could not get down it.
In the spring there is more than a few back yards flooded. One spring my great aunt's backyard was flooded right up to her basement window wells and water started coming into the basement. I took a pump up to a relatives' home and pumped the water from the back yard over the crest and then down the driveway so it could run down the street to the drain.
I ran the pump 24 hours a day - the pump was a trash pump with a 2 inch outlet - for just shy of three days to empty the water that kept on coming in from adjacent properties - the neighbour's had the same problem and no pump.
I called the city and they came out to look at it and basically said it was my great aunt's problem. They did remind me that if there was any oily residue from vehicles or garbage that my great aunt could be held responsible for it.
Ironic thing was that while my great aunt and her neighbours were fretting over their homes and all of the water that was in their backyards the garbage truck still made it through on time - despite people being unable to access the alley to put their trash out....

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