March 8, 2000
To: Scarborough Community Council
From: Steve Franklin, P.Eng.
Director and Deputy Chief Building Official
Urban Development Services, Building Division. East District
Subject: Surface Drainage on Lilian Drive
Ward 14
Purpose:
This report is in response to the direction of the Scarborough Community Council requesting that the Director and Deputy
Chief Building Official, in consultation with the Chief Financial Officer and Treasurer, report on an appropriate source of
funding to complete work relative to surface drainage conditions affecting the private properties at Nos. 39, 41, 43 and 45
Lilian Drive.
Financial Implications and Impact Statement:
The anticipated cost of the work is approximately $10,000. If the funds are approved for work to be done on private
property, a precedent would be established whereby other households across the City could request similar assistance.
Since no department is resourced to provide this type of service, to establish such service could have the following
significant impact:
(a) a budget increase for Works and Emergency Services to perform any necessary sewer work on the public road
allowance/property.
(b) a budget increase for the particular departmental division which would be responsible for the portion of work on private
property.
(c) current staffing resources may be significantly affected in Municipal Licensing and Standards Division, Buildings
Division and Works and Emergency Services in order to investigate complaints, verify cost estimates and inspect work
created by the new initiative.
In addition, new City Council directives would be required authorizing officials to act on surface drainage issues on
existing private property.
Recommendations:
It is recommended that Scarborough Community Council:
(1) receive this report and take no further action on this matter; or
(2) recommend that City Council authorize the completion of the work and refer this report to the Policy and Finance
Committee for identification of a source of funds.
Background:
On January 18, 2000, two residents, from Nos. 41 and 43 Lilian Drive, appeared before the Scarborough Community
Council, in connection with their concerns regarding rear yard flooding on their residential properties, built approximately
45 years ago.
A letter from Mr. C. Abraham from No. 41 Lilian Drive, further describing these concerns, was submitted to the members
of the Community Council.
A staff report from Building Division, dated January 7, 2000, outlined and confirmed the residents' concerns, however,
staff did not recommend any further action due to the lack of authority on existing drainage conditions.
During the Community Council session held in camera, Council heard from staff regarding their investigations,
information on the sewer lead already installed on the public road allowance, the remedial work and the impact upon
completing the sewer and catch basin installation on the private property at No. 39 Lilian Drive. Community Council
expressed a need to address the residents' concerns and requested the Director and Deputy Chief Building Official, in
consultation with the Chief Financial Officer and Treasurer, to report back to the Scarborough Community Council on an
appropriate source of funds to complete the work. Additionally, the Community Council recommended to City Council
that a task force, consisting of appropriate departmental representatives, be established to investigate and report on the City
surface drainage policy on existing residential properties.
Comments:
The funds necessary to complete the sewer and catch basin construction at No. 39 Lilian Drive amount to approximately
$10,000. This cost includes re-sodding, replacement of the asphalt driveway and re-configuring the swale in the rear yards
of Nos. 39, 41, 43 and 45 Lilian Drive.
In consultation with the Chief Financial Officer and Treasurer's office, a variety of key sources within the City of Toronto
Finance and Treasury, Works and Emergency Services and Urban Development Services Departments were contacted to
search for funds. No funds could be found for the purpose described herein. Historically no department has previously
budgeted or has been authorized to budget for this kind of expenditure, thus the reason for the absence of funds.
Council for the former City of Scarborough restricted the role of staff to providing advice (rather than enforcement) in the
resolution of drainage non-conformance on existing private property. In the Lilian Drive situation Building Division staff
conducted numerous inspections. The rear yard swale serving the subject properties is too flat and is blocked at No. 39
Lilian by raised gardens. Staff advised residents to either (a) re-grade the lots, or (b) install a rear yard catch basin. Staff
requested the lower landowner of No. 39 Lilian Drive to remove the raised garden and re-establish the previous prevailing
drainage scheme. Failing to achieve voluntary compliance, the adversely affected property owners upstream were left to
work out their own solutions. The City removed itself from further involvement with the understanding that there is neither
a public harm nor a public benefit in any further enforcement.
This was the basis on which Council of the former City of Scarborough established the policy and directive to staff. In this
way the City avoided the age-old legal issue regarding lowland owner rights to protect their own land.
The granting of funds by the City to resolve drainage issues on private property could have some negative results. First,
pressure on the City to take a particular course of action will intensify and likely increase the number of City inspections.
Staff, in attempting to sort out routine ponding conditions from potential flooding situations, may cause disagreements
among residents. The lack of City records indicating the existence or location of drainage swales at the time of
construction, will hamper the City's ability to mediate homeowner disputes.
Unless a drainage by-law is in place which mandates the maintenance of drainage swales and catch basins, there is no
guarantee that a City-funded catch basin for example, will be maintained and left open by current and future homeowners.
If the City intervenes in the resolution of drainage problems on existing private property, budget increases may be
significant. In the East District of the City of Toronto, there are at least eight other sites where serious drainage conditions
have been reported to Building Division and where funding assistance could be sought.
The City should continue to advise but not proceed to prosecution. The City should leave it to the parties directly affected
to work out a resolution through other avenues if they fail to respond to the advice from staff. The pending report requested
by the Scarborough Community Council, on the issue of surface drainage on existing private property, will likely make
recommendations on how the City should deal with such issues. In light of the fact that the said report is forthcoming,
further involvement by the City in the resolution of the problem of surface drainage on Lilian Drive should be suspended
until the report is dealt with by City Council.
Conclusions:
Staff have considered Community Council's directive and all pertinent facts in this matter and have determined that no
funds are available for completion of the work at Lilian Drive. The City should not intervene and thereby establish a
far-reaching precedent.
Contact:
Steve Franklin, P.Eng.
Director and Deputy Chief Building Official
(416) 396-5035
(416) 396-4266
SFranklin@toronto.ca
Steve Franklin, P.Eng.
Director and Deputy Chief Building Official
East District
