A Coquitlam community group that asked city hall for "leadership" to rebuild a common fence in its area was told this week it won't get any help from the public body.
On Monday, the city's council-in-committee advised the Westwood Plateau Community Association (WPCA) it won't intervene as the city would set a precedent if it intrudes on private property owners' rights.
The issue came before council last October when WPCA secretary Tom Cox and member Lockery Munnion lobbied for city assistance to find ways to get about 70 Westwood Plateau residents to pay to rebuild the fence, a common amenity that was built as part of a development agreement between the city and Wesbild.
Over the years, the wooden fence has become run down and the association believes it is devaluing the neighbourhood. To complicate the matter, the fence posts don't line up with property lines so, if one neighbour wants to tear down and replace his fence, the supporting posts are in the neighbour's yard.
Last month, Cox met with city planning general manager Jim McIntyre, and a consultant hired by the city, to resolve the issue but was told there's nothing the city can do from a legal standpoint.
This week, Cox and Munnion pleaded their case again - before the new city council.
"This is a real difficult situation because private property rights are involved," said Coun. Mae Reid, who added the project couldn't be classified as a local improvement (under that program, the city pays 10% for new infrastructure such as curbs, gutters and traffic calming measures while residents pay the balance).
Coun. Terry O'Neill said the city isn't in a position to compel Plateau homeowners to join in, and infringing on their rights "could take us to court," he said. "We are protecting all of Coquitlam homeowners by not participating in this."
Mayor Richard Stewart added city staff have taken steps to ensure common amenities aren't part of future development agreements.
