Community leagues question city stats

Community Leagues analyst fears many homeowner concerns going unrecorded

Nineteen homeowners complained to the city last year about damage to their property or safety concerns during an infill excavation.

Two residents said foundations cracked from vibration, five others worried piles of dirt would cause flooding in their yards, two residents saw other damage to their property, seven complained of unsafe fencing and three people complained neighbouring infill damaged fences or sidewalks. Community league officials say that list from the city doesn’t tell the full story.

“I don’t trust the data on that,” said Bev Zubot, planning analyst for the Edmonton Federation of Community Leagues. Either 311 officials are not recording complaints properly when they tell citizens it’s a matter for the civil courts, or people are hearing the city can’t help, she said.

“I know three people myself,” Zubot said about the three complaints the city recorded of damage to sidewalks and fences.

Council’s urban planning committee spent Friday morning discussing infill excavation impacts. That’s when community leagues say most of the damage gets done. But it’s been a tricky issue for city council because the building code is what regulates excavation and that legislation is regulated by the provincial government.

To deal with infill damage, the city has created an infill compliance team, which refers any safety issues with an excavation to provincial Occupational Health and Safety officials.

Provincial officials created a new home warranty program, which involves inspections that could also help, and will be licensing builders starting as early as November.

City officials also created a new construction acknowledgment form, which builders sign to declare they have reviewed Edmonton’s list of best construction practices. However, that form specifically states the provincial building code “does not include damages to private sidewalks, driveways, fences or landscaping.”

“I’m alarmed,” said Coun. Ben Henderson. “This states here — you don’t have to worry about the fence, you don’t have to worry about the sidewalk.”

Henderson suggested officials could change their messaging and show residents how they could get redress for damages through the province rather than simply telling them it’s not a city issue.

Coun. Scott McKeen asked if they could develop a pamphlet educating neighbours on what to expect and how they can protect themselves. They should know to take pictures of the foundation inside and outside before the excavation starts.

Livia Balone, the city’s director of development and zoning, said that’s a key message they’re trying to communicate to builders. “Get to know your neighbours — be respectful to them ... Right now we’re really pushing that.”

Then at least neighbours can close their windows and ensure the dog is not in their backyard when excavation begins, Balone said.

The committee asked city officials to contact the province to work on the wording of the building code. They’d like the law to be clear that all damage to neighbouring property is prohibited under the code.

City officials said they would also review the language in their construction acknowledgment form and look at providing more details to neighbours.