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By-law No. 1998-021 CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 98 -21 BEING A BY-LAW TO SET WATER AND SEWER RATES IN THE MUNICIPALITY OF BAYHAM WHEREAS by Section 218 of the Municipal Act R.S.O. 1990, Chap. M. 45 as amended provides that the Council of a local Municipality may by by-law provide for imposing upon owners or occupants of land who use sewage works a sewage service rate, and; WHEREAS by Section 218 of the Municipal Act R.S.O. 1990, Chap. M. 45 as amended provides for imposing rates, regulating, metering, measuring and collection frequencies and methods for water and sewer rates; THEREFORE the Corporation of the Municipality of Bayham hereby enacts: 1.0 Administration of By-Law 1.1 This by-law shall be interpreted and administered by the Administrator only until such time as changes to the by-law are passed for clarification. 1.2 Compliance to the by-law is required commensurate with the generally accepted practices by the majority of utility suppliers in Ontario. 1.3 Customers have the right to appeal specific charges within this by-law. An appeal will only be considered if it is in writing and provides the details of the issues concerned and only upon payment of principle and penalties outstanding. If, upon review of the matter, council decides in favour of the appellant, reimbursement shall be issued within 30 days of the passing of the resolution of council. 2.0 Definitions 2.01 "Due Date" means the last day on which a bill is payable without a late-payment charge. 2.02 "Public Utility" means water or sewer services supplied to the public. 2.03 "Supplier" means a municipal or other corporation supplying a public utility. 2.04 "Apartment" or a "subsidiary residential premise", including a premise described in clause 1 (e) of the Landlord and Tenant Act; or a room or other subsidiary unit that is rented for residential purposes, including one that is rented to a member of the owner's family or to an employee of the owner. 2.05 "Trailer Park" or "Trailer Camp" means land in or upon which any vehicle, so constructed that it is suitable for being attached to a motor vehicle for the purpose of being drawn or propelled by the motor vehicle, is placed, located, kept or maintained, even if the vehicle is jacked-up or its running gear is removed, but not including any vehicle unless it is used for the living, sleeping or eating accommodation of persons therein. 2.06 "Campground" means a commercial establishment renting areas daily for extended periods of time used for setting up a camp or holding a camp meeting. 2.07 "Mobile Home" means any dwelling that is designed to be made mobile, and constructed or manufactured to provide a permanent residence for one or more persons, but does not include a travel trailer or tent trailer otherwise designated. BYLAW 98 —21 Page 2 2.08 "Single Family Residence" means a dwelling unit or a structure or part of a structure, that is designed for occupation as the residence of one or more persons, including dependants or domestic employees of a member of the family, whether or not rent is paid for the occupation of any part of such residence, and whether or not the land on which the residence is situated is zoned for residential use, and "single family residence" includes any such residence that is to be constructed as part of the arrangement relating to a conveyance of land. 2.09 "Administrator-Treasurer" means the individual holding the position of Administrator-Treasurer of the Municipality of Bayham or a designate thereof as appointed by Council. 2.10 "Council" means the elected Council of the Municipality of Bayham. 2.11 "Meter" means a device as supplied and owned by the municipality/public utility designed to measure and record the amount or volume, of the flow of water consumed by the resident or user of the public utility. 2.12 "Remote Readout" means a device as supplied and owned by the municipality/public utility located in a conspicuous location which is directly connected to the meter for the purpose of registering the quantity of water as recorded by the meter consumed by the users of the public utility. 2.13 "OPSD's" means the Ontario Provincial Standard Drawings as published by the Municipal Engineers Association as amended. 2.14 "OPSS's" means the Ontario Provincial Standard Specifications as published by the Municipal Engineers Association as amended. 3.0 Service Connections 3.10 Water Connections 3.11 All users of the Municipality of Bayham's Municipal Water System will have their water supply metered unless exempting provisions are dictated within this by-law. 3.12 The water meter, remote readout and meter connections are owned by the Corporation of the Municipality of Bayham. 3.13 The water meter and remote readout are to be sealed by the Corporation and the seal is to remain unbroken. 3.14 The water pipes, water meter and apparatuses thereto should be protected from freezing. 3.15 The readout is to be placed in a location as directed or prescribed by the municipality with the owner supplying sufficient access and space with unobstructed visibility for reading with the naked eye. The municipality shall have full authority for the readout's location in order to ensure safety of employees, convenience and access for reading. 3.16 The utility user or occupant may, with written consent of the Municipality only, enclose the water meter in a manner to the satisfaction of the Municipality. 3.17 The water meter is not to be altered, defaced, or changed in any manner. 3.18 The water meter is to be installed with a valve between the meter and the exterior curb stop in accordance to the Ontario Provincial Standard Drawings and Specifications. BY-LAW 98 -21 Page 3 3.19 There are to be no T's or supply splits between the stop cock and the water meter. 3.20 Any and all dwelling units, apartments, business establishments, campgrounds, and mobile home parks will receive one or more water consumption bills in accordance with Section 4.0 and Schedule "A" of this by-law. 3.21 Application for water services and supply must be completed by all new applicants attached hereto as Schedule "B" 3.22 Sewer Connections 3.23 No residence or business shall connect eavestroughs, sump pumps or divert rain water into the sanitary sewer system. All property owners will be responsible to remove any storm water connection from the sanitary sewer system at their own cost. 3.24 Any existing connection which is not domestic sanitary sewer discharge will be required to be disconnected at the expense of the property owner. 3.25 Any and all dwelling units, apartments, business establishments, campgrounds, and mobile home parks will receive a sewer bill at the rate per dwelling unit as described within Schedule "A" of this by-law. 3.26 Utility connections to the municipal sewer and water system shall comply with the Ontario Provincial Standard Specifications (OPSS's) and Ontario Provincial Standard drawings (OPSD's). Other standards will be implemented as the Municipality deems necessary. 3.27 The Municipality in accordance with its policies and practices shall have the right to determine the location and configuration of the water meter readout. 4.0 Rates 4.01 All work, emergency or otherwise, performed on private property to the direct benefit of one customer and/or property owner shall be charged at the current rate and is to be due upon rendering of account. This charge is to be levied against the property and is to be collected as an addition to the water/sewer bill. 4.02 New connections to the municipal water system shall pay the direct costs including installation and inspections on the municipal road allowance for the connection plus the administration fee as set out in Schedule "B" attached hereto. 4.03 New connections to the municipal sewer system shall pay the direct costs including installation and inspection in accordance with Schedule "B" attached hereto, on the municipal road allowance for the connection. 4.04 Any person who contravenes this by-law is subject to a fine of up to $5,000.00 upon summary conviction under the Provincial Offences Act. 4.10 Water Rates 4.11 All metered users shall pay a rate as described in Schedule "A" per cubic meter used, unless the dollar value amount is less than that set out in Section 4.12. 4.12 Metered water users shall receive a minimum bill as described in Schedule "A" regardless of quantity used. BY-LAW 98 -21 Page 4 4.13 Single family residences and/or businesses shall pay a minimum water rate equivalent to 55 cubic meters per billing if metered readings are unavailable or tampered. 4.14 A charge of$50.00 shall be charged in case of water turn off for non payment of account. 4.15 No person may use water from a fire hydrant, with the exception of the fire department. 4.16 It shall be an offence for anyone to alter or tamper with any part of the water system belonging to the Municipality of Bayham, including all valves, hydrants, or other appurtenances of the municipality's water system. The municipality will prosecute anyone who commits an offense as set out above. 4.17 Other charges may be assessed considering water losses with regard to water line breaks inside the residence or business. 4.18 Other charges may be assessed considering the relocation of services on private property causing direct cost to the municipality. 4.20 Sewer Rates 4.21 All water users who are connected to the sewer system shall pay a sewer rate which is based on the cubic meters of water used, unless the dollar amount is less than that set out in Section 4.22. That rate shall be calculated as set out in Schedule "A" attached hereto. 4.22 Consumers connected to the sewer system shall pay a minimum bill as set out in Schedule "A" regardless of quantity of metered water used. 5.0 Security Deposits 5.1 A Security Deposit shall be charged to all tenants occupying rental properties. 5.2 The Security Deposit charged shall be in the amount of two minimum billings in accordance with Schedule "A" attached hereto. 5.3 The security deposit shall be applied to the tenant's account at the time the tenant vacates the rental property or at the discretion of the municipality. 6.0 Billing & Payments 6.1 Water meters shall be read on or about the last business day of the following months: February August April October June December 6.2 Billings shall be rendered every two months of the calendar year in accordance with policies and procedures of the terms and rates within this by-law. Payments for water and sewer services shall be due and payable on the last business day of each of the following months : March September May November July January BY-LAW 98 -21 Page 5 6.2 All users who terminate service before the dates when all meters affected by this by-law are to be read will be charged on a prorated basis considering their daily consumption pattern from the prior period billing to the date of the termination of the service. 7.0 Collection Procedures 7.01 Collection procedures shall be in accordance with the Municipality of Bayham's collection policy as set out in By-Law 98- THIS by-law to come into effect upon its passing. THIS by-law does not replace the Public Utilities Act R.S.O. 1990 P.52 THAT all By-laws and amendments thereto enacted by the Township of Bayham, the Village of Port Burwell and the Village of Vienna setting out any such rates and fees be and are hereby repealed. READ A FIRST AND SECOND TIME this 20th day of February, 1998. ;z:::/, MAYOR` CLERK READ A rIIRD TIME AND FINALLY PASSED this 5' tL day of 1r-�1 a re , 1998. MA OR CLERK BY-LAW NO. 98 - 21 SCHEDULE "A" Municipality of Bayham Water and Sewer Rates Min. Monthly Minimum Billing Rate per m3 Fee Water $10.00 $20.00 $1.10 Sewer $23.00 $46.00 $1.35 BY-LAW NO. 98 - 21 SCHEDULE "B" APPLICATION FOR WATER AND/OR SEWER SERVICE Name: Roll # Address: Account # Telephone: WATER SERVICE YES NO SEWER SERVICE YES NO The undersigned, herein called the consumer, hereby requests tile Municipality of Bayham, herein called the Municipality, to supply water service and water supply to the consumer's premises described as: 1. This application, when signed by the consumer, and accepted for the Municipality by the signature of its authorized officer, shall be a contract between the consumer and the Municipality, and shall not be modified or affected by any promise, agreement or representation by any agent or employee of the Municipality unless incorporated in writing into this contract before such acceptance. 2. The consumer and the Municipality agree to comply with the conditions set forth by the Municipality regulating the maintenance and operation of the water works system and the sewage works system, and agree that the said conditions are part of this contract. 3. The consumer agrees to take water service and/or sewage as designated above from the Municipality in accordance with the terms and conditions herein. Further, the consumer agrees to pay the Municipality at the rates as set out by By-law from time to time. 4. The consumer agrees that upon request of the Municipality as set out by By-law from time to time, to make a deposit to be held by the municipality without interest, as a guarantee that the consumer will fulfil all terms and conditions of this contract. 5. The consumer vacating the above-listed premises without notification to the Municipality is liable for all subsequent accounts until a new consumer is registered at the vacated location. 6. It is agreed that the signatures of the parties hereto shall be binding upon their successors or assigns, and that the vacating of the premises herein named shall not release the consumer from this contract, except at the option and written consent of the Municipality. Water Meter $ 210.00 Name of Consumer Water Inspection Fee 40.00 Sewer Inspection Fee 40.00 Signature of Consumer TOTAL COSTS $ Date: ACCEPTED FOR THE MUNICIPALITY BY: