COUNCIL

MEMORANDUM
JAN 15 1979

Mayor and Aldermen January 12th, 1979

R.A. Freeman
City Clerk

Re: "City of Port Coquitlam Zoning By-law, 1978, No. 1628"

We wish to advise Council that the above noted By-law, which is the
City's New Zoning By-law, has been quashed by the Courts and is no
longer in effect, The quashing took place at the instance of Rastad
Construction Ltd., the owners of Property at 2532 Kingsway Avenue.

This quashing. means that the Zoning By-law presently legally in
effect in the City is the old Zoning By-law, No. 918, and we are sure
Council will agree that this an unacceptable situation. Accordingly,
arrangements have heen made to Prepare another new Zoning By-law,
identical in its cerms to the By-law quashed and copies of this will be
distributed on Monday. As it is essential to have a new Zoning By-law
in operation as quickly as possible, we are Proposing the following time
schedule;

First Two keadings - Monday, January 15th, 1979
Zoning Public Hearing - Thursday, January 25th, 1979
Third Reading - Thursday, January 25th, 1979

Final Reading - Friday, January 26th, 1979
OR Monday, January 29th, 1979

(depending on Provincial approvals).

The replacement New Zoning By-law is numbered 1651 and is now
available for first two Readings.

By way of explanation, we should advise that Rastad Construction
Ltd. was successful in having our By-law quashed by reason of the fact
that the technical definition of the word "occupier" in the Municipal
Act includes an owner of property whether he actually is a resident
occupier of the property or not. The Court made this finding in spite
of the fact that the provision for giving Notices of this type in the
Municipal Act used to require us to send Notices to the "owners and
eccupiers" and the Legislature amended the Statute to eliminate the
words "owners and". In order to overcome this difficulty, we are sending
Notices individually addressed to every property on the 1979 Assessment