Rates & Penalties for Water & Sewer Utility Services Bylaw 2026-003 — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot ebec97e72e8a · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## VILLAGE OF ANDREW BYLAW 2026-003 ## BEING A BYLAW OF THE VILLAGE OF ANDREW IN THE PROVINCE OF ALBERTA, TO ESTABLISH REGULATIONS, RATES AND PENALTIES FOR WATER AND SEWER UTILITY SERVICES AND GARBAGE COLLECTION WHEREAS the Municipal Government Act RSA 2000, C. M-26 and amendments thereto, permits the municipality to pass Bylaws regarding public utilities, AND WHEREAS the Council of the Village of Andrew wishes to establish regulations, rates and penalties for water and sewer utility services and garbage collection. NOW THEREFORE the Council of the Village of Andrew, hereby enacts as follows: ## 1. BYLAW TITLE - 1.1 This Bylaw is known as "Utility Services Bylaw". ## 2. DEFINITIONS - 2.1 For the purposes of this Bylaw: - i. "Act" means the Municipal Government Act, RSA 2000, c M-26. - "Account" means an agreement between an Owner and the Village of Andrew for the supply of Utility Services. - iii. "Authorized Employee" means any employee of the Village of Andrew authorized for the purpose of providing sewer or water service. - iv. "Arrears" means an outstanding utility balance that remains unpaid sixty days from the due date. - v. "Bylaw Enforcement Officer" means any persons authorized by the Village to enforce the bylaws of the Village. - vi. "CAO" means the Chief Administrative Officer or other designate of the Village of Andrew as appointed by Council. - vii. "CC": means a curb cock, a flow control valve on a water service pipe located on or close to the property line, which is used to isolate the property's water service from the rest of the Village 's water distribution system and allows the supply of water to a property. - vili. "Collection Service" means the curbside or roadside collection of garbage. - ix. "Collector" means the person or persons designated or appointed by the Village for the purpose of collecting and disposing of garbage. - x. "Commercial Facilities" includes stores, warehouses, commercial, industrial, institutional facilities. - xi. "Compost Materials" means grass cuttings, garden refuse, leaves or other materials which are easily composted and shall include branches or tree limbs. - I. "Council" shall mean the Council of the Village of Andrew. - m. "Dwelling" means any building occupied for residential purposes. - n. "Front Yard" that portion of the structure closest to the road. - o. "Garbage" means wasted or spoiled food and other refuse or things that are considered worthless or meaningless, but does not include; - i. Liquid wastes, dead animals, discarded furniture, discarded automobile parts, tires, construction materials, appliances, stoves, fridges or compost materials. - p. "Mixed Use Property" means a property used for both residential and commercial use if permitted by the Village's Land Use Bylaw and all applicable permitting requirements. 9. "Owner" means any person who is registered under the Land Titles Act as the owner of the property. - r. "Occupant" means any owner, lessee or tenant or any other person in charge of any building. - S. "Occupied Property" means any commercial, institutional or residential property upon which a building exists and is in use. - t. "Village " shall mean the Village of Andrew. - u. "Street Main" means the portion of land on which any sewer and/or water main is laid for the service of more than one service. - v. "Sewer Service Line" means the line from the building to the main in the street. - w. "Recycle Bag" means a blue or clear bag which is specifically intended to hold materials for recycling. - x. "Recycle Materials" means materials which are determined to be recyclable as per the provider. - y. "Requisition Charge" means fees charged by the St. Michael Regional Solid Waste Commission for hauling garbage to the landfill. - z. "Utility Bill" means a bill which sets out the fees levied by the Village on a monthly basis for utility services provided by the Village. - aa. "Utility Invoice" means an invoice which sets out the cost charged by the Village for repairs, maintenance, or installation of any appurtenance of any utility service provided by the Village and for which the owner of the property is responsible. - bb. "Utility Service" shall mean those services associated with the provision of water distribution, sanitary sewer collection and garbage collection. - cc. "Water Service Line" means the line from the building to the main in the street. - dd. "Violation Notice" means a notice or similar document issued by the Village pursuant to the Municipal Government Act. - ee. "Violation Ticket" means a ticket issued pursuant to Part II or Part Ill of the Provincial Offences Procedure Act, RS.A. 2000, c. P-34. ## 3. GARBAGE COLLECTION - 3.1 Collection Services charges apply to: - i. Any property that receives water services will be subject to collection service charges as established by Council. - ii. All occupied properties that are not connected to the Village water system are subject to collection service as established by Council. - 3.2 Council may decide that certain types of recyclable materials or garbage will not be picked up or place conditions on the packaging of garbage for collection. - 3.3 All persons shall permit collectors to enter their yards and premises at all reasonable times for the purpose of carrying out their duties. - i. on collection day, garbage containers and/or garbage bags are to be located for collection as close as possible to the curb or traveled portion of the adjacent roadway, but not on the sidewalk or in such a location as to interfere in any way with vehicular or pedestrian traffic. - 3.4 Any owner or occupant who puts out garbage for collection shall provide unobstructed and convenient access for collection of such waste. - 3.5 All garbage will be securely deposited in suitable garbage bags and may be placed in garbage containers. - 3.6 No occupant will place, permit to be placed, or mix any of the following materials for removal: - i. any highly combustible or explosive waste, including, without restricting the generality of the foregoing, such materials as hot ashes, powder, dynamite, motion picture film or toxic materials; - ili. any compound that may be considered dangerous or hazardous under the provisions of any other legislation whether Provincial or Federal; - ii. Liquid wastes, dead animals, discarded furniture, discarded automobile parts, tires, construction materials, appliances, stoves, fridges or compost materials. - iv. hypodermic needles; and - V. sharp objects or broken glass unless packaged to allow safe handling. - 3.7 Collection service will not be provided if: 1. the garbage is not in a bag. - ii. the condition of the garbage container is deteriorated such as to contain sharp edges or other defects which may be hazardous to the collector; - ili. the garbage bag weighs more than forty (40) pounds; or - iv. the garbage container is overloaded. - 3.8 The days and times of collection service will be approved by the CAO. - 3.9 Garbage collection may be cancelled or rescheduled by the CAO if required. - 3.10 Garbage shall be ready at the curb for pickup by 8:00 a.m. on collection day but shall not be places at the curb more than 12 hours prior to 8:00 a.m. on collection day. - 3.11 Compost pick up may be provided, as determined by the CAO. - 3.12 Materials other than compost left for compost removal are subject to a fee as set forth in Schedule A. ## 4. RECYCLING - 4.1 The Village may contract with any person or company and may grant an exclusive or non-exclusive right to any person or company for the recycling of waste on such terms and conditions as are considered expedient. - 4.2 No person shall place any material in a blue bag other than the materials for which are recyclable items. - 4.3 No person is to place any material other than compost materials in their yard waste bin. - 4.4 Effective October 1, 2026, recycling services will no longer be offered through the Village of Andrew. ## 5. WATER SERVICES - 5.1 The Village will provide water services to a parcel of land only at the request of the owner of that parcel of land. Other charges when it is applicable and subject to any terms, costs or charges as established by Council by way of a Development Agreement or other requirement by any Village policy or bylaw. - Parcels of land that are not within Village limits may be provided water service if a request is submitted in writing and approved by Council. - 5.2 The Owner of any land abutting on any road or easement wherein a water main now exists or is hereafter located shall: - i. install in any Building and between the building and the boundary of the road or easement in which the water main is located (up to the point of the CC valve), connections with the water system and any other apparatus and appliances required to ensure the proper sanitary conditions of the building and premises, excluding a water meter which will be installed by the Village. All services shall be installed to the Village's satisfaction. The owner shall ensure that the water service shall be inspected by the Village prior to backfilling of the trench and prior to connection to the water system. - 5.3 If a contractor, builder or owner is requiring construction water for interior finishing prior to the water meter being installed, they must make the request through the Village Office and submit the required fee as per Schedule A of this Bylaw, specifically; - I. Upon submission of a request for installation of water and sewer service, a fee is payable as per Schedule A of this Bylaw. This fee will cover the following services: - a. a deposit, refundable upon the Village 's satisfactory inspection of the service installation, - b. The cost to cover three (3) months of construction water, prior to the ability to install a meter. If the meter installation is not completed within three (3) months, the CAO has the authority to provide for an extension beyond this period, where further construction water fees will apply, - c. The cost to cover the installation of the meter and inspection of the service installation. - 5.4 The Owner, (as a term of being supplied with water services) is responsible for the cost of construction, maintenance and repair of these portions of the service connection both above, on, or underneath the premises to the boundary of the road or easement, but only to the point (but excluding) the CC valve. - 5.5 Title to the water supplied by the Village shall pass from the Village to the Customer at the point of the CC valve. - 5.6 The water meter shall become part of the fixtures of the structure. Damage to the meter caused by the occupant shall be chargeable to the owner. - 5.7 All owners shall provide a convenient unobstructed location for the installation of a radio frequency device (meter). - 5.8 The CAO shall determine the type of meters) to be utilized by the Village. - 5.9 Utility accounts must be set up within 40 days of possession/property ownership. - 5.10 Failure to allow the Village to replace a meter that has been identified as outdated, malfunctioning or otherwise not up to Village standards, will result in the water utility being temporarily ended until such a time as the meter is replaced according to Village standards. A request for access to a meter as per the above which is not provided within 30 days of the request is subject to fees as shown in Schedule A. - 5.11 No person shall obstruct, interfere with, or impede direct and convenient access to a meter for the purpose of installation, inspection, removal, repair, replacement or reading. - 5.12 The CAO or designated employee may, without notice, shut off the water supply to any part of the Village should he/she decide an emergency makes such action necessary. - 5.13 The CAO or designated employee may, without notice, shut off the-water supply to any property should water charges be in arrears greater than thirty (60) days. - 5.14 The CAO or designated employee may, without notice, shut off the water supply to any property for violation of any provision of this Bylaw. - 5.15 The CAO or the Director of Operations and Infrastructure may, shut off the watersupply.to-any part of the Village in a non-emergency situation provided reasonable notice of such intended shutoff is given. - 5.16 After notification of a restriction or regulation of water use, it shall be an offence for anyone to use water except in conformity with the declared restriction or regulation. ## 5.17 The Village is not liable for damage caused by: - i. a break in a water main or service pipe; - ili. any accident due to the operation of the waterworks system unless such action has been shown to be directly due to the negligence of the Village or its employees; or - ii. the cessation of water supply necessary in connection with the repair or maintenance of the waterworks system; - iv. the restriction or regulation of the use of water. ## 5.18 No person: - i. other than Village employees or agents shall operate, handle or interfere with the Village 's provision of water services; - iii. shall obstruct or impede access to any water main, valve, CC, fire hydrant or any other appurtenance of the Village 's waterworks system; 3. other than Village employees or agents shall make, keep, use, or dispose for any key or wrench for the purpose of operating any valve, CC, hydrant or other appurtenance of the Village's waterworks system; - iv. shall use a water meter not approved and/or installed by the Village without the express written consent of the CAO; and - V. shall use water not metered by the Village. 6. 5.19 Repairs to the water service line required from CC valve to the building, will be the expense of the landowner. Repairs required from the main line to the CC valve will be at the expense of the Village. 7. 5.20 Owners shall be liable for the cost of replacement or repair of a frozen or otherwise damaged or tampered with meter plus an administrative fee set forth in Schedule A. ## 6. TURNING ON/OFF WATER - 6.1 A property owner may request a temporary or permanent disconnect of water ervice by completing the Request for Water Disconnect/Reconnection form ubiect to fees set out in Schedule A. The owner or their designate must b present. - 6.2 Where a co valve is to be turned on or off by an Authorized Employee of the Village, the Owner shall be required to pay a fee(s) as set out in Schedule A. ## 7. SEWER SERVICE - 7.1 Sewer service fees and charges shall apply to any property that receives water services and/or any property that is connected to the sewer system. - 7.2 The Village may provide sewer services to a parcel of land only on the request of the owner of the parcel of land, when the Village is able to do so and subject to any terms, costs or charges as established by Council by way of a Development Agreement or as set out in Fees and Charges Bylaw or Schedule A of this Bylaw. - 7.3 The Village is not liable for damage caused by: - i. a break or obstruction in a sewer main or service pipe; - ili. any accident due to the operation of the sewer system unless such action has been shown to be directly due to the negligence of the Village or its employees; and - ii. the cessation of sewer services necessary in connection with the repair or maintenance of the sewer system; - iv. sewer backups unless such action has been shown to be directly due to the gross negligence of the Village or its employees. ## 7.4 No person: - i. other than Village employees or agents shall operate, handle or interfere with the Village's provision of sewer services; and - il. shall obstruct or impede access to any sewer main, or any other appurtenance of the Village 's sewer system. 3. 7.5 When repairs or blockage removal to the sewer service line are required: - i. ii. blockages on the property to the main line will be at the owner's expekages created in the main line will be the Village's expense: - iv. damage to sewer lines beyond the property line will be the Village's expense; - ili. damage to sewer lines on the owner's property will be the owner's expense; - V. blockages from the property line to the main line caused by tree roots will be 50% owner expense and 50% Village expense if a written request and clear proof of blockage is given to the CAO. - vii. Reimbursement requests only be considered if submitted within 60 days of the blockage and reimbursements, if applicable, will be processed within 60 days from submission of request. - vi. Property owners are responsible for contacting their own plumbers and reimbursements depending on findings as outlined above ## 8. UTILITY BILLS/INVOICES - 8.1 All utility bills and invoices issued by the Village will be issued to the owner of the property. - 8.2 Utility accounts will not be set up for tenants. - 8.3 At the time of the passing of this bylaw, existing tenant accounts may remain in place but new tenant accounts will not be permitted. - 8.4 All utility bills and utility invoices will be due and payable when rendered by the Village. - Payment of a utility bill can be made at the Village office via cash, cheque, debit or credit; financial institution, online banking, e-transfer to [email protected] - Utility bills must be paid in full by the last day of the month following the billing period. - 8.7 In the event a utility bill or utility invoice remains unpaid after the date fixed for payment, a penalty as stated in Schedule A, will be added to the principal outstanding amount thereto and form part of the rates levied. - In the event a utility bill or utility invoice remains unpaid after the date fixed for payment, a written notice may be served by way of mail on the owner at the last known address advising that unless the account is paid in full within a minimum of ten (10) days from the date of mailing the said notice, the Village will proceed with collection measures as per Section 8.9 below. - 8.9 Any utility bill or utility invoice remaining unpaid constitutes a debt owing to the Village and is recoverable by shutting off or discontinuing any utility services provided by the Village. - 8.10 In the event that Utility Services are disconnected due to non-payment, disconnecting fees will be applied to the utility account for each occurrence as per the Fees and Charges Bylaw. The fees must be paid prior to services being reconnected. Disconnections and reconnections shall only be performed during normal business hours. - 8.11 As prescribed in Section 553 of the Municipal Government Act, any utility charges remaining unpaid can be levied and collected in a like manner as municipal taxes. This means that those utilities remaining unpaid can be transferred to the tax roll of the property that the utility service is being provided to. Upon closing a utility account, any charges outstanding are automatically transferred to the tax roll. ## 9. METER DISPUTES - 9.1 In a situation where a Customer is in disagreement with the amount of water having been reported as having passed through the meter, and if the Village, by reviewing historical data from the meter in question does not agree that there is a fault with the meter, the Customer may request that the meter be tested and proven for accuracy. - 9.2 The Customer will be responsible for paying, in advance, a meter inspection fee as per the Fees set out in Schedule A. If the meter is proven to be measuring inaccurately, by having it tested by a third party, both the inspection costs and the removal fee will be reimbursed to the Customer and applied to the water bill. In this case, the utility account will receive a credit adjustment to reflect the overbilling for not more than two (2) billing periods preceding the inspection. This will be determined by reviewing the same period in the previous year or adjusted to the minimum billing if the ownership has changed. - 9.3 If the meter is proven to be measuring accurately, all fees will be retained by the Village and the Customer will be responsible for all the costs as originally reported. - 9.4 In the event that a meter is required to be changed due to a battery failure and the bills have been estimated, a credit adjustment will be completed only after the next full billing cycle. If an overbilling has occurred, the adjustment will reflect not more than four (4) months (two billing cycles) preceding the replacement and be based on the minimum bi-monthly charge. ## 10. OFFENCES AND PENALTIES - 10.1 Any person who contravenes a provision of this Bylaw is guilty of an offence and is liable to a penalty as set out in Schedule A. - 10.2 Any person who commits a second or subsequent offence under this Bylaw within one (1) year of committing the first offence is liable to a fine as set out in Schedule A. - 10.3 Under no circumstances will any person contravening any provision of this Bylaw be subject to the penalty of imprisonment. - 10.4 Nothing in this Bylaw will be construed as curtailing or abridging the right of the Village to obtain compensation for or to maintain an action for loss of or damage to property from or against the person or persons responsible. - 10.5 The Bylaw Enforcement Officer is hereby authorized and empowered to issue a violation notice to any person who the Bylaw Enforcement Officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw. - 10.6 A violation notice may be issued to such person: - i. either personally; or - il. by mailing a copy to the last known mailing address. - 10.7 The violation notice will be in a form approved by the CAO and will state: - the name of the person: - i. the offence; - ill. the appropriate penalty for the offence as specified in Schedule A; - that the penalty must be paid within thirty (30) days of the issuance of the violation notice; and - V. any other information as may be required by the CAO. - Where a contravention of this Bylaw is of a continuing nature, further violation notices may be issued by the Bylaw Enforcement Officer provided, however, that no more than one (1) violation notice will be issued for each day that the contravention continues. - Where a violation notice is issued pursuant to this Bylaw, the person to whom the violation notice is issued may, in lieu of being prosecuted for the offence, pay to the Village the penalty specified on the violation notice. - 10.10 If the penalty specified in a violation notice is not paid within the prescribed time period, then the Bylaw Enforcement Officer is hereby authorized and empowered to issue a violation ticket. - 10.11 The Bylaw Enforcement Officer is hereby authorized and empowered to immediately issue a violation ticket to any person who contravenes any provision of this Bylaw. ## 11. SEVERABILITY - 11.1 If any portion of this Bylaw is declared invalid by a court of competent jurisdiction, the invalid portion shall be severed, and the remainder of the Bylaw is deemed valid - 11.2 Nothing in this Bylaw will operate to relieve any person from complying with any Federal, Provincial legislation or regulation or Municipal Bylaw, or any requirement of any lawful permit, order or license. ## 12. TRANSITIONAL - 12.1 That Bylaw 2000-01 is hereby repealed (waterworks bylaw) - 12.2 That Bylaw 2023-11 is hereby repealed (utility fees) - 12.3 That this bylaw comes into force on June 1, 2026.   Read a first time this 27 day of May, 2026. Read a second time this 27 day of May, 2026. Read a third time this 27 day of May, 2026. Mayor K Chief Administrative Officer ## SCHEDULE A FEES AND PENALTIES - Bylaw 2026-002 ## The following penalties are established: | Violation | Section | Penalty | |--------------------------------------------------------------------------------------------------|-------------|-----------------------------------------------------------| | Garbage bag(s) in the front yard except on collection day | | 3.10 | $100 | | Garbage containers or bins placed in a location that impedes vehicular or pedestrian traffic | 3.3 | $100 | | Unauthorized material | 3.6 | $100 | | Placing material other than compost material on a compost pile | 3.11 | $100 | | Interfering with access to a meter or obstruction of meter (limiting ability to obtain readings) | 5.7.5.10 | $100 | | Interfering with the operation of the water works system | 5.17 | $500 | | Interfering with the operation of the sewer system | 7.3 | $500 | | Failure to set up a new account within 40 days of ownership | 5.9 | $50 | | Failure to allow access for meter inspection within 30 days of request | 5.11 | $50 | | Penalty for late payment on overdue account | 8.7 | 2.5% monthly | | Tampering with a valve or hydrant | 5.17 | $1SO | | Connection or disconnection by anyone other than Village employees | 5.17 | $150 | | Tampering or damaging a water meter | 5.19 | Cost of repair or replacement plus 20% administration fee | | Administration Fee | | 20% | Second Offence : Second and subsequent offence within one year of the original offence will be double the original penalty. | Fee | Description | Amount per event | |------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------| | Account change fee including Opening & closing account " Disconnecting Account (turning off cc valve) Connecting Account (turning on cc valve) | | $50 | | Meter Inspection Fee | | $200 | | Meter Install Fee (new) | | $100 | | New Service without an existing utility connection (ie: new CC valve) | | Cost plus $200 | | Fee | Description | Amount per month | | Sewer Flat Residential | Residential customers will pay a set fee for the use | $11.00 | | Sewer Flat Mixed Use | and maintenance of sewer lines in the Village. Applies to all mixed use properties connected to the Village sewage system and cannot be waived | $15.00 | | Sewer Flat Commercial & Institutional | Commercial customers will pay a set fee for the use and maintenance of sewer lines in the Village. Applies to all non-residential properties connected 1o the sewer system and cannot he waived | $19.00 | | Sewer Reserve Residential | Residential and non-residential customers will pay a set fee for the use, repair of sewer lines in the Village on an emergency basis. This fee is necessary to collect funds to have a reserve in place for emergency sewer system repair. Applies to all residential properties and cannot be waived. | $7.50 | | Sewer Reserve Mixed Use | Mixed use customers will pay a set fee for the use, repair of sewer lines in the Village on an emergency basis. This lee is necessary to collect funds to have a reserve in place for emergency sewer system repair. Applies to all mixed use properties and cannot be waived | $11.50 | | Sewer Reserve Commercial Institutional | Commercial customers will pay a set lee for the usc, repair of sewer lines in the Village on an emergency basis. This fee is necessary to collect funds to have a reserve in place for emergency sewer system repair. Applies to all non-residential properties and cannot | $17.00 | | Water Flat | A set fee for the delivery of the water via pipeline. Applies to all properties and cannot be waived unless no co valve is present. | | $19.50 | | Water Reserve | Residential and non-residential ratepayers will pay a set lee for the usc, maintenance and repair of water lines and water intrastructure in the Village. Applies to all properties unless no co valve is present. | $3.00 | | Garbage Residential | Fee for garbage pick up for all residential properties and cannot be waived | $20.45 | | Garbage Mixed Use | Fee for garbage pick up for mixed use properties. | $26.00 | | Garbage County | Fee for garbage pick up for County properties. | $32.00 | | Garbage Commercial | Fee for garbage pick up for commercial properties and cannot be waived unless a formal request is approved by the CAO due to an alternate service | $55.00 | |----------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------| | Garbage Commercial - Large | Fice for garbage pick up for commercial properties with over 6 bags of garbage per week, and cannot he waived unless a formal request is approved by the CAO due to an alternate service provider being utilized. This cost is for one large bin. If additional are needed, the extra bin cost is $100/month. | $100.00 | | Garbage Institutional | Fice for garbage pick up for institutional properties and cannot he waived unless a formal request is approved by the CAO due to an alternate service provider being utilized. This cost is for one large bin. Il additional are needed, the extra bin cost is $125/month. | $125.00 | | Recycling | * only in place until October 1, 2026 at which time th fees will be removed indefinitely | $7.75 | | Fee | Description | Amount per m3 | | Water Consumption Rate | Consumption rates for all utility accounts. | $4.00 | | Bulk Water Rates | Consumption rates for the bulk water station *pay per use | $5.00 |