THE CORPORATION OF THE
CITY OF PORT COQUITLAM

MEMORANDUM

Igor Zahynacz, P. Eng., . DATE: April 26, 1991
City Engineer

Kip Gaudry, P. Eng.,
Deputy City Engineer

RIGHT OF WAY ENCROACH

That the City fully enforce its non-encroachment on Right of Ways and easements through out

The Westview subdivision single farnily residential lots are largely being built upon this Spring.
We have sanitary and storm Rights of Way through several of the lots, particularly those on
sloping lots. We are having great difficulty in enforcing our Right of Way rights in
non-encroachment, non-fill etc. .

Recently we have been challenged by residents to allow them to do what others have done in the
general area over the past couple of years. Specifically dealing with the Rights of Way on
Coutts and Fletcher, many people point to the Rights of Way in the area where there are large
retaining walls etc. that have never been commented upon by the City. Obviously, a lot of these
retaining walls have been iNegally constructed and the resident has not been given notice of

encroachment. '

We also have to establish who is responsible in the City for administration of the Right of Ways
and restrictive covenants. While we discussed it at a recent meeting with the Building
Department and determined that both departments would try to catch it at the building permit
application stage, we none the less need clear definition of enforcement in the field. My
recommendation is to provide the Engineering Inspectors with full instructions and a mandate on

Right of Way administration.

However, we do know that the minute we start enforcement of the full Right of Way
encroachments then there will be a fair amount of controversy developing. Perhaps Public
Works Committee and/or Council should be aware of this potential before we commience.,

C.F. (Kip) Gaudry, P. Eng.
Deputy City Engineer

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