HomeMy WebLinkAboutBy-law No. 2004-015 CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW 2004-015
BEING A BY-LAW TO SET WATER AND SEWER
RATES IN THE MUNICIPALITY OF BAYHAM
WHEREAS the Municipal Act S.O. 2001, Chap. M. 25 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 the Municipal Act S.O. 2001, Chap. M. 25 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 "Trifler 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.
2.08 "Dwelling Unit"means a single family residence, duplex, triplex, mobile home 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 "dwelling unit" includes any such residence that is
to be constructed as part of the arrangement relating to a conveyance of land.
2.09 "Administrator"means the individual holding the position of Administrator 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 "Apparatus" means a valve before the meter (either a gate or ball valve), an
appropriately sized meter, a backflow preventer and/or a pressure-reducing valve.
2.14 "OPSD's" means the Ontario Provincial Standard Drawings as published by the
Municipal Engineers Association as amended.
2.15 "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 All water connections will be properly equipped with the appropriate apparatus.
3.13 The water meter, remote readout, meter connections and apparatus are owned by
the Corporation of the Municipality of Bayham.
3.14 The water meter and remote readout are to be sealed by the Corporation and the
seal is to remain unbroken.
3.15 The water pipes, water meter and apparatuses thereto shall be protected from
freezing. This is the responsibility of the property owner.
3.16 The property owner is responsible for the maintenance and good repair of all
waterworks on his/her property from the point of connection to the municipal
system(curbstop).
3.17 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.
3.18 The property owner may, with written consent of the Municipality only, enclose
the water meter in a manner to the satisfaction of the Municipality.
3.19 The water meter is not to be altered, defaced, or changed in any manner.
3.20 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.
3.21 There are to be no T's or supply splits between the stopcock and the water meter.
3.22 Any and all dwelling units, apartments, business establishments, campgrounds,
and mobile home parks will receive one or more water consumption bills at a rate
per dwelling unit in accordance with Section 4.0 and Schedule "A" of this by-law.
3.23 Application for water services and supply must be completed by all new applicants
attached hereto as Schedule "B"
3.30 Sewer Connections
3.31 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.
3.32 Any existing connection which is not domestic sanitary sewer discharge will be
required to be disconnected at the expense of the property owner.
3.33 The property owner is responsible for the maintenance and good repair of all
sewer works on his/her property from the point of connection to the sewer main.
3.34 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.
3.35 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.
3.36 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 fees as set out in Municipality of Bayham by-law 2003-032, as may be
amended from time to time.
4.03 New connections to the municipal sewer system shall pay the direct costs
including installation and inspection on the municipal road allowance for the
connection plus the fees as set out in Municipality of Bayham by-law 2001-085 or
2003-031, as may be amended from time to time, whichever is applicable.
4.04 All persons who contact the water/wastewater superintendent outside regular
business hours for services on private property (beyond the curbstop) or for
services/information that could wait until the next business day shall be charged a
minimum of $250.00 for each call. If the superintendent determines, in his/her
discretion, that his/her services are mandatory, this fee may be waived.
4.05 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 Any and all dwelling units, apartments, business establishments, campgrounds,
and mobile home parks shall pay a base rate plus a rate per cubic meter used as
described in Schedule "A".
4.12 Subject to Section 4.11, properties and/or buildings containing more than one
business and/or dwelling unit shall receive a base rate charge as described in
Schedule "A" for each dwelling unit contained therein plus a rate per cubic meter
used.
4.13 Dwelling units and/or businesses shall pay the base rate plus a minimum water
rate equivalent to 55 cubic meters per unit, 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 consumers connected to the sewer system shall pay a minimum bill as set out
in Schedule "A" regardless of quantity of metered water used.
4.22 Properties and/or buildings containing more than one business and/or dwelling
unit shall receive a minimum bill as described in Schedule "A" regardless of
quantity of metered water used for each unit contained therein.
4.23 A sewer rate reduction to 50% shall apply to vacant commercial units. This
reduction is conditional upon the property owner notifying the municipality of the
vacancy.
5.0 Security Deposits
5.1 A Security Deposit shall be charged to all tenants occupying rental properties that
are on the water system.
5.2 The Security Deposit charged shall be in the amount of$150.00.
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.
5.4 Rental properties that are not on the water system will remain in the name of the
property owner for billing purposes.
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
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.
THIS by-law to come into effect upon its passing and includes the January-February 2004 billing
period.
THAT all previous By-laws and amendments thereto setting out any such rates and fees be and
are hereby repealed.
READ A FIRST AND SECOND TIME this 5th day of February, 2004.
I
Ii9Lf L e
MAY ii' C R
READ A THIRD TIME AND FINALLY PASSED this 5th day of February, 2004.
' Y�i CLERK
BY-LAW NO. 2004-015
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 the 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:
BY-LAW NO, 2004-015
SCHEDULE "A"
Municipality of Bayham Water and Sewer Rates
Base Monthly Minimum Billing Surcharge per m3
Fee of water
Water $6.75 $13.50 $1.25
Sewer $27.50 $55.00 N/A
Except Vacant
Commercial Units
Vacant Commercial $13.75 $27.50 N/A
Units