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HomeMy WebLinkAboutBy-law No. 1999-095 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NUMBER 99-95 BEING A BY-LAW TO REQUIRE OWNERS OF BUILDINGS TO CONNECT SUCH BUILDINGS TO SEWAGE WORKS IN THE MUNICIPALITY OF BAYHAM WHEREAS pursuant to the provisions of Section 222 of the Municipal Act, R.S.O. 1990, Chapter M.45, as amended, Councils may pass by-laws requiring owners of buildings or any class or classes of buildings in the Municipality of Bayham (the "Municipality") or in any defined area thereof to connect the said buildings to the sewage works of the municipality; AND WHEREAS such by-law may provide for exempting owners of buildings, or any such class or classes thereof as may be specified in the by-law, in the Municipality or in any defined area thereof from the application of the provisions of the by-law requiring the connection of such buildings or such class or classes thereof to the sewage works of the Municipality upon payment by the owner to the Municipality of such amounts or of amounts computed by such method as may be provided for in the by-law, and the amounts or method of computation provided may be different for owners of different classes of buildings, and the By-law may provide for the manner in which and the period for which the payments may be made; AND WHEREAS it is deemed expedient by the Municipality to pass a by-law requiring the owners of all buildings in the municipality to connect such buildings to the sewage works; NOW THEREFORE,THE COUNCIL OF THE MUNICIPALITY ENACTS AS FOLLOWS: Un this By-law (a)'building" means and includes any building, trailer, or other covering or structure used or intended for supporting or sheltering any use or occupancy with the land and premises appurtenant thereto which: (i)is located within 50 metres of a main sanitary sewer, or (ii)is located on a parcel of land abutting on a public highway or street in which a sewage works is located or a parcel of land not more than one foot from a public highway or street in which a sewage works is located, and (iii)1.contains, or is required by any other by-law, regulation or statute to contain, any sleeping,eating or food preparation facilities,or 2.contains, or is required by any other by-law, regulation or statute to contain, any washing or toilet or cleaning facilities,or 3.is connected, or is required by any other by-law, regulation or statute to be connected,to a water supply,or water works, or 4.is connected, or is required by any other by-law, regulation or statute to be connected,to a drain or sewage works,or 5.which is a source of sewage; other than a barn used for agricultural purposes and which contains no sleeping accommo- dation for persons; (b)"connect" means to install a connection; (c)"connection" means a connection to a sewage works system including the service pipe from the interior face of the outer wall of a building to (i)the street line where a service line has been installed from the main sanitary sewer to the street line, or (ii)the main sanitary sewer where a service line has not been so installed, and if the property on which the building is located is the source of different types of sew- age which are required to be delivered separately to the sewage works, connection includes separate connections for the different types of sewage; &e.- �s (d)"cost" includes the cost of restoring any property disturbed or damaged in the course of making a connection and the cost of design, if any,materials, labour and supervision of the connection incurred after the date of sending a Notice and includes the amount of expense charged by the Municipality to the owner when the Municipality makes a connection at the expense of the owner; (e)'"main combined sewer" means a main sewer for the collection of both sewage and storm water; (f)"main sanitary sewer"means a main sewer for the collection of sewage; (g)"main sewer" means that part of the sewage works of the municipality consisting of the public sewers including their branches; (h)"'main storm sewer"means a main sewer for the collection of storm water; (i)"Notice" means a notice given pursuant to this By-law requiring a connection to be made; (j)'"owner" means the owner of a building and includes the registered owner of, the person shown on the assessment roll as owner of, and the actual owner of a building or any prop- erty on which a building is located; (k)"sewage" shall mean any liquid waste containing animal, vegetable or mineral matter in suspension or solution, and includes drainage from all sinks, tubs, toilets and washing fa- cilities but does not include stonn water; (1)'"sewage works" shall mean and include any main sewer, main combined sewer, main sanitary sewer or main storm sewer operated and maintained by or on behalf of the Mu- nicipality for the acceptance, collection, transmission, or disposal of sewage, and storm water; (m)"storm sewer" shall mean rain water, melted snow or ice and water in the subsoil. 2. Every owner of a building shall connect the building to the sewage works of the Municipality. 3. (1)Any connection required to be made by an owner under this By-law shall be made (a)within nine months of the mailing of a Notice to the owner by registered mail to his last known address requiring the connection to be made, or within such periods of time, if any, as are granted by Council as an extension pursuant to the provi- sions of this By-law, and (b)in accordance with the requirements of the Notice and any by-law, regulation or statutes governing such connection. (2)Any Notice hereunder (a)shall require the owner to make the connection, (b)shall advise the owner (i)the date on which the nine-month period expires, and (ii)that, if the owner fails to make the connection as required, the Munici- pality has the right to make it at the owner's expense and to recover the expense by action or in like manner as municipal taxes, and (c) shall make reference to this by-law. (3)A Notice hereunder may classify different types of sewage and require that such types be drained through separate connections into specified sewers. B14- 99-95' 3 (4)If a building is connected only to one sewer and separate sewers for different types of sewage are available, or made available to serve the land on which the building is located, the Notice hereunder may, if the building or the land on which the building is located is or may be a source of sewage of more than one classified type, require the owner to connect the building to the sewage works in such manner that the different types of sewage are drained separately into the sewers specified in the Notice. (5)If a building or the property on which it is located is being connected to a sewage works for the first time and separate sewers for different types of sewage are available or Council has determined that such separate sewers will be made available in the future, the owner may be required by the Notice to make separate connections for the different types of sew- age and if a fee is charged for each connection to a sewer only one connection fee may be charged if separate connections to the same sewer are required by the Notice. (6)This by-law does not limit the operation of any by-law, regulation or statute regulating or prohibiting the types and contents of waste or other material which may be drained into a sewer or sewage works. 4. Where there is a main sanitary sewer available in the land to which a building is appurte- nant or within 50 metres of such land and accessible by a street or lane the drains for sew- age from the building shall be connected to a main sanitary sewer. 5. (1)Council may, on the application of an owner to whom Notice has been sent, grant an extension of the period of nine months within which the connection must be made. (2)An extension,if granted,must not be for a period longer than two years from the end of the nine-month period provided by the Notice. (3)If the first extension is for a period of less than two years, one further extension with an expiry date not more than two years from the end of the original nine-month period pro- vided by the Notice may be granted by Council and no further extension may be granted. 6. (1)If the owner fails to make a connection required by a Notice within the nine-month pe- riod or such extended period permitted hereunder, as Council grants,the Municipality may make the connection at the expense of the owner and for this purpose may enter into and upon the property of the owner. (2)The cost of making such connection shall be a lien or charge as municipal taxes upon the land in respect of which the connection was made, shall be added to the Collector's Roll by the Clerk of the Municipality and shall be collected in the same manner as overdue taxes and shall bear interest from the date the first demand for payment is made at the same rate as overdue taxes. 7. Every person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to a fine not exceeding five thousand dollars ($5000.00) and every such fine shall be recoverable under the Provincial Offences Act, R.S.Q. 1990, Chapter P.33 as amended. 8. This By-law comes into force and effect on the date of the final passing thereof. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 2ND DAY OF DECEMBER 1999. Mayor Cleric