Arrondissement de Ville-Marie
While redeveloping a park, the Borough carries out works around an adjoining building which was recently transformed: the Borough constructs a retaining wall and sidewalks used as landings, adds a fence and handrail, builds an access in front of a service entrance; etc. The Borough then claims $62,889.61 from the Co-ownership Syndicate.
Annual fees for the permanent occupancy of public land are also billed to the Co-ownership Syndicate for the footing of the building, the overhanging balconies and the sidewalks and landings leading to building entrances.
Amount Billed for the Work
The work carried out around the building is of high quality. However, the Co-ownership Syndicate was not consulted on their extent and design nor on the choice of materials. Following long discussions with the OdM, the Borough finally reduces its claim to $20,000.
Public Land Occupancy Fees
The OdM finds it unfair that the Borough would charge occupancy fees for large areas where work over public land was carried at the Borough’s initiative, beyond what was necessary for the practicality of the building (e.g.: long sidewalks rather than simple landings). Moreover, our research shows that when this building was constructed, foundation footings could encroach up to 12 inches on public land, free of charge.
After prolonged discussions, the Borough agrees to reduce the surface billed for public land occupancy. On the other hand, a recent survey plan shows that the foundation footing does not encroach on public land.
As a result, the annual public land occupancy fees are reduced by about $1,000 each year starting in 2017. Reimbursements for the overpayments of previous years will be forwarded to the Co-ownership Syndicate: these amounts are being calculated. The OdM will follow up.
