CITY CLERK

Clause embodied in Report No. 10 of the Works and Utilities Committee, which was before the Council of the City of Toronto at its meeting held on November 25, 26 and 27, 1998.

2

Sewer Connection Blockage Inspection and

Repair Program, and Tree Root Removal and Grant Policy

(City Council on November 25, 26 and 27, 1998, struck out and referred this Clause to all Community Councils for further consideration, with a request that the Community Councils forward their recommendations with respect to the Repair Program, and Tree Root Removal and Grant Policy to the Works and Utilities Committee.)

The Works and Utilities Committee recommends:

(1)the adoption of the report dated October21, 1998, from the General Manager, Water and Wastewater Services, subject to adding thereto the following Recommendation:

A(2)(f) an appeal mechanism will be provided for those cases that cannot be resolved to the satisfaction of the City and the applicant@; and

(2)that authority for the appeals process be delegated to the Works and Utilities Committee, rather than the Corporate Services Committee.

The Works and Utilities Committee reports, for the information of Council, having requested the Commissioner of Works and Emergency Services to submit a report directly to Council for consideration at its meeting on November 25, 1998:

(1)in consultation with City officials from the North York District, on the estimated number of service calls that staff have avoided due to the "Drainman" policy;

(2)on the feasibility of the following motion:

Moved by Councillor Walker:

AThat Recommendation No. 2(d) be amended by deleting the words "one time only" and inserting in lieu thereof the words >one time per three-year period=.@; and

(3)on how many contractors are engaged by the former Area Municipalities.

The Works and Utilities Committee submits the following report (October 21, 1998) from the General Manager, Water and Wastewater Services:

Purpose:

To obtain approval for a harmonized Sewer Connection Blockage Inspection and Repair Program, and Tree Root Removal and Grant Policy for the City.

Funding Sources, Financial Implications and Impact Statement:

Funding for the Sewer Connection Blockage Inspection and Repair Program and the Tree Root Removal and Grant Policy for the City is provided in the City's Annual Operating Budget. The harmonized services proposed in this report will not impact the overall Annual Operating Budget.

Recommendations:

It is recommended that:

(1)the proposed harmonized Sewer Connection Blockage Inspection and Repair Program be adopted as follows:

(a)a first response to sewer connection blockage inspection and emergency repair service will be provided by City staff 24 hours, seven days per week; after normal business hours, response will be limited to emergency situations where the drain(s) are completely blocked, all other service calls will be investigated the next business day;

(b)in lieu of a cash deposit, excavations within the road allowance to determine necessary connection works will proceed, subject to the owner agreeing to reimburse the City for costs incurred in the event that the drain damage is determined to be on private property, or if the problem is within the road allowance and is non-structural (i.e., contravention of the Sewer Use By-law, grease, etc.), by signing a standard agreement form prepared by the City;

(c)road allowance clean-outs will be installed where they do not exist, in conjunction with connection repairs undertaken by the City, at no cost to the owner; and

(d)the Urban Planning and Development Services Department will be requested to investigate the actions necessary to require property owners to undertake the installation of clean-outs, if one does not exist, in conjunction with connection works on private property;

(2)the proposed harmonized Tree Root Removal and Grant Policy be adopted as follows:

(a)in all cases the repair of drains within City property will continue to be carried out by the City at no cost to the property owner, whether the blockage is caused by roots from a City or private tree;

(b)assistance for the repair of private drains under the policy will only be provided where drain blockage is the result of roots from a City-owned tree, as verified by City staff;

(c)assistance will be provided on a no-fault or grant basis, to any property owner;

(d)assistance will be provided on a one time only basis per property; and

(e)assistance will be provided in the amount 100 percent of the invoiced cost, to a limit of $500.00 per property, for a repair or partial renewal of a drain or drains, and to a limit of $1,500.00 per property, for the complete renewal of a drain or drains between the City property line and the building;

(3)the existing "Drainman" Policy of the former City of North York be repealed;

(4)the Drain Grant Appeal Program of the former City of Toronto be terminated; and

(5)the appropriate City officials be authorized to give effect hereto.

Council Reference/Background/History:

The Works and Transportation Services Review Team in their report for service leveling to the Transition Team identified several services that have a direct impact on the customer, where the service delivery and budget allocation need to be harmonized as a result of the amalgamation process. Two of these service activities are: (1) the Sewer Connection Blockage Inspection and Repair Program; and (2) the Tree Root Removal and Grant Policy.

Comments and/or Discussion and/or Justification:

(1) Sewer Connection Blockage Inspection and Repair Program:

The inspection, cleaning and/or repair of wastewater and stormwater connections is provided to:

-assess the condition of the connection and determine any necessary action;

-restore the hydraulic capacity of the connection and/or reinstate the structural integrity of the connection system within City property; and

-determine if the connection can be reused when redevelopment occurs.

The service is primarily driven by complaints from customers resulting from a drain blockage or collapse. Preventative maintenance by the City, in the form of periodic inspection and remedial work, is only carried out at locations where historically there has been a problem which cannot be easily resolved due to physical restrictions, such as the proximity of other utilities. With the exception of the former City of North York, this "First Call" service is provided by City staff 24hours, seven days per week.

In the former City of North York, the initial inspection is done by a Drainman, i.e., private drain contractor, hired by the resident. Under the policy approved by the former City of North York Council, a Drainman must confirm that the problem is within the road allowance before City staff will respond to the complaint. The property owner is reimbursed for the Drainman's cost if the problem is found to be within the road allowance and is structural in nature.

Experience in implementing the Drainman policy dictates that a subsequent inspection is required by City staff to confirm the Drainman's conclusions that the problem is on City property. Records from North York indicate that only one quarter of the calls requesting reimbursement of the Drainman's fees are valid. Therefore, North York staff are duplicating the Drainman's work for 75percent of the calls for the initial inspection of drain connections.

Although the North York Drainman policy reduces the number of inspections required by the City, in two-thirds of drain problem cases the City must follow up on the Drainman's work, and there is insufficient information available to determine if the Drainman policy reduces or increases overall costs. However, it is anticipated that elimination of the policy would have a negligible impact on the annual budget. In addition, improved customer relations are established when the City provides the first response to calls/problems.

Following the first response, where the problem or condition of the connection cannot be determined through inspection by remote methods, all the former municipalities have undertaken an excavation within the street line. If repair work is not required on City property, then the owner is billed for work done by the City. The former municipalities of East York and North York require a deposit of $400.00 and $1000.00 respectively before City staff will do any excavation. The deposit is returned if the problem is within City property.

In harmonizing the service City-wide, the cash deposit should be eliminated. In lieu of a cash deposit, it would be more feasible to proceed with the necessary excavation within the road allowance subject to the property owner agreeing to reimburse the City's costs if the problem is determined to be on private property or is non-structural in nature (i.e., contravention of the Sewer Use By-law, grease, etc.), by signing a standard agreement form. A form of this type is already in use in the former City of Toronto. This will prevent field staff having to be responsible for deposits, cash, cheques, etc., and lessen any potential hardship to homeowners in an emergency situation. If the homeowner fails to pay any outstanding charges, these can be recovered through property taxes, thus avoiding any risk associated with the elimination of the deposit.

To reduce future inspection and maintenance costs, a clean-out should be provided on all connections. When one does not already exist, a cleanout should be installed at the street line in conjunction with connection repairs being undertaken by the City. In addition, when connection works are undertaken on the private portion of the drain, the property owner should be required to install a cleanout as near as possible to the outer wall of the building, when no other cleanout exists on the private portion of the drain.

In summary, to provide a consistent sewer connection blockage inspection and repair service across the City without impacting the overall budget, it is proposed that:

(a)a first response to sewer connection blockage inspection and emergency repair service be provided by City staff 24 hours, seven days per week; after normal business hours, response will be limited to emergency situations where the drain(s) are completely blocked, all other service calls will be investigated the next business day;

(b)in lieu of a cash deposit, excavations within the road allowance to determine necessary connection works proceed, subject to the owner agreeing to reimburse the City for costs incurred in the event that the drain damage is determined to be on private property, or if the problem is within the road allowance and is non-structural (i.e., contravention of the Sewer Use By-law, grease, etc.), by signing a standard agreement form prepared by the City;

(c)road allowance clean-outs be installed where they do not exist, in conjunction with connection repairs undertaken by the City, at no cost to the owner; and

(d)the Urban Planning and Development Services Department be requested to investigate the actions necessary to require property owners to undertake the installation of clean-outs, if one does not exist, in conjunction with connection works on private property.

(2)Tree Root Removal and Grant Policy:

The existing tree root policies of the former six Area Municipalities provide financial assistance to property owners for the repair of private drains (from the outside of the house to the property line) which have been blocked by the roots of a City-owned tree, as verified by City staff.

In all cases, the repair of drains within City property is carried out by the City at no cost to the property owner, whether the blockage is caused by roots from a City or private tree. Financial assistance in the form of a Drain Grant is provided to property owners for the repair of drains on private property on a Ano fault@ or Agrant@ basis, in recognition of the fact that roots are only able to enter drains which are already cracked or damaged.

The amount of the financial assistance and the conditions for assistance vary among the former municipalities as listed in the following table: