Waterworks Bylaw

Camrose, Alberta

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BYLAW 3284-23 OF THE CITY OF CAMROSE PROVINCE OF ALBERTA A BYLAW TO REPLACE THE CITY OF CAMROSE WATERWORKS BYLAW WHEREAS Pursuant to the provisions of the Municipal Government Act, being Chapter M--26.R.S.A.,2000 and amendments made thereto, the Council of the City of Camrose may pass Bylaws for municipal purposes respecting public utilities. AND WHEREAS Council deems it expedient to pass a Bylaw for the maintenance and management of a waterworks utility. NOW THEREFORE The Municipal Council of the City of Camrose duly assembled enacts as follows: 1. This Bylaw may be cited as "The Camrose Waterworks Bylaw". DEFINITIONS 2. In this Bylaw: 2.1. "Account" means an agreement between a Consumer and the City for the provision of UtilityServices. 2.2. "Applicant" means any person, firm, partnership, corporation, organization, government or other association that has applied for UtilityServices from the City. 2.3. "Backflow" means the flowing back or reversal of the normal direction of flow in either the Water System or a Customer's Plumbing System. 2.4. "Back Flow Preventer" means a device that prevents the reversal of the normal direction of water flow in either the City's Water System, the Customer's service connection or Customers plumbing system. 2.5. "C.C." means the underground water service valve usually located adjacent to the property line and located between the water main and buildings, used to shut-off or turn on water supply from the water distribution system to the service connection. 2.6. "City Manager" means a municipal official appointed by Council as the City Manager, or anyone appointed to act in their stead. Bylaw 3284-23 2.8. "Commercial Service" means the service or service pipe used or intended to be used to supply water for fire protection as well as water for purposes other than fire protection at a Commercial Property. 29. "Council"means the Municipal Council of the City of Camrose. 2.10. "Consumer" means a Person who receives Utility Services from the City and who is responsible for payment of the UtilityBill;the same Person may be both an Owner and Consumer. 2.11. "Cross Connection Control Device" means a Backflow prevention device approved by the City Manager or their designate or Plumbing Inspector that prevents backflow. 2.12. "Customer" means any Person, any other municipal corporation, the Government of Alberta or the Government of Canada whose property is connected to the Water System or any lessee or Occupant of such property, or any Person who requests water services or has applied for an Account or is otherwise responsible for paying such Account for water services. 2.13. "Department" means the Infrastructure Department of the City of Camrose. 2.14. "Enforcement Officer" means a member of the Camrose Police Service, Community Peace Officer, or person appointed by Council or the City Manager to enforce the provisions of this Bylaw. 2.15. "Fire Line" means a pipe that is intended solely for the purpose of providing water for fire protection. 2.16. "General Manager of lnfrastructure" means a municipal official designated as the General Manager of Infrastructure, or their assigned designate. 2.17. "Meter" means a device installed on a water service for the purpose of measuring the amount of water being supplied to a Consumer and may include a remote read-out device and the associated wiring. 2.18. "Occupancy Permit" means permission or authorization in writing to commence the use or occupancy of any new building or any building in which changes have occurred that are governed by the regulations pursuant to the Safety Codes Act of the Province of Alberta. 2.19. "Occupants" includes an Owner of a premises where that Owner resides or carries on a Bylaw 3284-23 2.20. 2.21. 2.22. 2.23. 2.24. 2.25. 2.26. 2.27. 2.28. 2.29. 2.30. "Owner or Property Owner" pursuant to Section 1 (1)(u) of the Municipal Government Act and any amendments made from time to time means: 2.20.1. the person registered underthe Land Titles Act, R.S.A. 2000, C. L-4, as the owner of the fee simple estate in a parcel. 2.20.2. in respect of a designated manufactured home, the owner of the designated manufactured home and not the person in lawful possession of the land on which it sits. 2.20.3. in respect of unpatented land, the Crown. 2.20.4. in respect of any property other than land, the person in lawful possession of it. "Person" means an individual person, partnership, company or corporate body, trustee, executor, or administrator. "Polluted Water" means non-potable water. "Renter or Lessee" means a Person occupying a property under the terms of a lease, license, or permit. "Residential Property" means a property used primarily for residential purposes. "Service" ("Water Service") means the supplying of water service by the City to a Consumer and includes all components appertaining thereto. "Service Connection" means the water line and appurtenances from the C.C to the building or premises. "Temporary Construction Service" means the supplying of water to a building which is under construction or for which an Occupancy Permit has not been issued. "Unmetered Temporary Service" means the supplying of water to a property on a temporary unmetered basis. Back-flow prevention must be addressed. "Utility"means City of Camrose Water, Wastewater, and Stormwater Department. "Water Meter Chamber" means any exterior chamber or pit approved by the City Manager, or their designate, for the purpose of containing a water meter and related appurtenances. Bylaw 3284-23 2.32. "Water System" means the system or works of the water utility operated by or on behalf of the City. WATER SERVICES 3. Application for Service: 3.1. An Applicant may make application to set up an Account for Water Service by providing all the information requested and in the manner required by the Department. The application shall be submitted at least two (2) working days prior to the date upon which use of a Water Service is intended to commence and may be done in person, by telephone, or in writing. 3.2. If a building contains multiple suites or rental units serviced from one Meter, the Water Service application must be made by the Property Owner. 3.3. Applicants otherthan the Property Ownerwho make application and open an account for Water Service will allow the City to discuss any aspect of the account with the Owner as deemed necessary. An Applicant shall provide this consent, as stated in the Account Application & Agreement, by their signature on the Agreement when applying for Water Service. Applicants who are not the Property Owner and who refuse to provide signed consent willbe denied Water Service. 3.4. IfWater Service is requested by an Applicant other than the Property Owner at a location where a boiler system is utilized for central heating, the Water Account shall be in the Property Owner's name. 4. Residential Deposit: 4.1. An applicant who is not the Owner of a residential property for which Water Service is requested shall, upon completing an Account Application & Agreement for service, pay to the City a deposit in the amount and manner specified in the City of Camrose Annual Fees and Charges Bylaw. No account shall be opened for an Applicant who is not the Property Owner without the required deposit. Accounts opened priorto the passing ofthis Bylaw in the name of an applicant who is not the owner, shall continue with deposit arrangements in place when the account was opened. 4.2. When Circumstances are such that the Applicant is unable to provide the required deposit, the following alternative options shall apply: 4.2.1. An Account Application & Agreement for Water Service may be made by the Bylaw 328423 5. Commercial Deposit -- Accounts in the name of a Person other than the Owner or Property Owner for Commercial Properties existing prior to the date this Bylaw is passed shall: 5.1. Maintain a deposit with the City equal to the cost of three months consumption of water as estimated by the City. 5.2. In the event the average consumption of water at a Commercial Property increases substantially and/or the payment record of the Consumer at a Commercial Service is unsatisfactory, the City may request a further deposit as deemed necessary. As of the date this Bylaw is passed, Consumers on Commercial Property who do not maintain a satisfactory payment history may be required to pay to the City a deposit equal to the cost of three (3) months consumption. 6. Deposit Return -- When a deposit is required, it shall be maintained until such time as the water service is terminated. 7. Interest Paid on Deposit -- Interest at the rate applicable to security deposits under the provisions of the Residential Tenancies Act, Statutes of Alberta 2004, Chapter R-17.1 and the Security Deposit Interest Rate Regulation, Alberta Regulation 190/2004 shall be paid on the amount of the deposit upon return of the said deposit to the Account holder. 8. Deposits as Payment of Account -- Deposits may, at the discretion of the City, be applied as payment on amounts outstanding on an Account at any time after termination of the Account and the Service, without regard to the reason for such termination. 9. Closing Accounts -- When a Consumer wishes to terminate an Account and Water Service, they shall notify the City at least two (2) business days prior to the date they wish the service terminated. 10. Failure to Notify City -- In the event that a Consumer fails to notify the City in accordance with Section 9. herein, they shall be liable for all fees and charges for the Account and the Water Service up to the date that the City terminates the service. 11. Meters and Meter Testing: 11.1. Except where otherwise provided in this bylaw, all water supplied pursuant to this bylaw shall be measured by a Meter including a remote reading device, of a design and capacity approved by the City Manager. Such Meters shall be installed in respect to any and all Accounts as provided for in this bylaw. Bylaw 3284-23 11.2.2. Such other connections as approved by the City Manager. 11.3. if the City Manager becomes aware of any use or flow of water that is not measured by a Meter of a design and capacity approved by the City Manager and that does not fall within a specified exception to the general requirements of water metering as set forth in Section 11.2, the City Manager may take all necessary steps to stop that use or flow of water until: 11.3.1. An application for service has been made by the Owner in accordance with the provisions of this bylaw; and, 11.3.2. Meter has been installed pursuant to the provisions of this bylaw. 11.4. The City may charge for and recover from the Owner the cost of supplying, installing, relocating or replacing a Meter. 11.5. The Owner of every building shall make provision of a location acceptable to the City together with all required plumbing forthe installation of a Meter. 11.6. Notwithstanding the payment of any costs, all Meters shall remain the property of the City. 11.7. As a condition of Water Service, the City Manager or their designate may: 11.7.1. Determine the size, type and number of Meters to be supplied and installed in a premise; 11.7.2. Determine the location that the Meters are to be installed; 11.7.3. Inspect an installation to ensure it meets approved specifications and require an Owner to remedy any deficiencies; 11.7.4. Inthe case of installation of two or more Meters, require their installation adjacent to each other and as close as possible to the master control valve or place where the Water Service connection enters the building; and, 11.7.5. Require a Meter to be either tested on site or removed for testing by the City. 11.8. Where a Meter cannot conveniently be placed inside a building, it shall be placed in a Water Meter Chamber, the location and construction of which shall be discussed with the Owner or occupant of the premises and shall be constructed in a manner approved Bylaw 3284-23 11.9. 11.10. 11.11. 11.12. 11.13. 11.14. 11.15. Water Meter Chambers shall be kept in good repair by the Owner. If an Owner, after receiving notice from the City Manager or their designate, neglects to repair or improve his Water Meter Chamber, then the City Manager or their designate shall cause the necessary repairs to be made and the Owner shall be liable for the cost of such repairs. No Person shall allow water to be turned on until the installation is approved by the City Manager or their designate. Should a Meter or remote reading device, while on the property of the Owner, be damaged or destroyed, the cost of repairing or replacing the Meter shall be paid by the Owner. All Meters, regardless of size, shall be sealed by the City. Where building alterations require the removal and re-installation of the remote reading device the Owner shall obtain approval from the City for the removal and re-installation and shall pay all costs associated with same. An Owner shall ensure, at their expense, that: 11.13.1. Every Water Service entering the building has a horizontal Water Meter Setting and that the piping extends not less than 30cm beyond the wall or floor of the building immediately before the Meter position; 11.13.2. The Water Meter Setting is positioned as close as possible to the point where the Water Service enters the building and has a safe and convenient access; 11.13.3. The Water Meter Setting is constructed in accordance with the City's engineering design guidelines and construction standards. No Person shall: 11.14.1. Tamper in any way with a Meter or remote-reading device; or, 11.14.2. Open a by-pass valve on a Meter or metering installation except in the case of an emergency. Every Owner shall: 11.15.1. Be responsible for the safe-keeping of any Meter and any remote reading device that is installed on their premises; 11.15.2. Notify the City immediately whenever a Meter is not operating, ifany part of a Meter becomes damaged or broken or if the seal on a by-pass valve or a Bylaw 328423 11.16. 11.17. 11.18. 11.19. 11.20. 11.21. 11.15.3. Pay the cost of repairing or replacing any Meter or metering facilities supplied and installed by the City that may be damaged from any action within the control of the Owner. * Where the City determines that seals on valves, Meters or other appurtenances have been broken and not reported, the City shall, in addition to any other penalty, estimate the quantity of water consumed or obtained, and charge the Owner rates in accordance with the City of Camrose Annual Fees and Charges Bylaw. Every Owner may request that a Meter be tested for accuracy, and the cost of any such test shall be at the expense of the City ifthe Meter is found to be inaccurate in excess of three (3%) percent of actual flow and such test shall be at the Owner's expense if the Meter is found to be accurate within three (3%) percent of actual flow. A Customer may have their Meter tested by applying to the Department and paying a fee as specified in the City of Camrose Annual Fees and Charges Bylaw. The Department willinstall a replacement Meter and have the original meter tested. by a certified tester. Ifthe Meter is found to be defective or the Meter's accuracy is outside the range of 97% to 103% of actual consumption, then: 11.20.1. The Meter testing fee will be returned to the Customer up to a maximum of one year. 11.20.2. The Department willcalculate the value of water over or under-charged and credit or debit the Customer's Account accordingly. The City may, at the discretion of the City Manager or his designate, leave the replacement Meter installed rather than re-installing the tested Meter. 12. Access to Service Connection and Meter: 12.1. As a condition of the Water Service and as operational needs dictate, employees of the City shall have free access to all parts of a property, building or other premises in which water is delivered and consumed, at reasonable hours of the clay and upon reasonable notice for the purpose of: 12.1.1. Installation, maintenance, repair, and removal of the Water Service; 12.1.2. Installation, reading, maintenance, repair and removal of Meter or other parts Bylaw 3284-23 12.1.4. Inspections for compliance with this bylaw 12.2. No Person shall hinder, interrupt or cause to be hindered any employee of the City or its contractors, servants and agents or workers, in the exercise of any of the powers or duties relating to the Water System as authorized or required in this bylaw. 12.3. In the event that a Person fails or refuses to provide access pursuant to Section 12.1, the supply of water to those premises may be shut off upon fourteen (14) days' notice. 12.4. A fee will be charged, as set by the City from time to time, where a City employee or agent is required to make an additional visit or visits to a parcel or premises for any of the following reasons: 12.4.1. Where an Owner refuses access to a parcel or premises for a City employee or agent to install, repair, replace, inspect, test or read a Meter or any other equipment; 12.4.2. Where a City employee attends a parcel for a scheduled appointment to perform any of the functions in Section 12.1, and the Owner is not present to provide access to the parcel; 12.4.3. Where a City employee attends a parcel to perform any of the functions set out in Section 12.1 and is unable to proceed based on unsafe conditions or the inadequacy of access to the parcel. 13. Reading of Water Meters and Estimate of Water Used: 13.1. The City Manager or their designate may: 13.1.1. Require a Meter to be read; 13.1.2. Determine the frequency at which Meters shall be read; 13.1.3. Shut-off the water supply to a Consumer who refuses to provide a Meter reading within three months of a request to provide such meter readings; and 13.1.4. Estimate a Meter reading. 13.2. A Meter reading may be estimated by the City Manager or their designate based on either previous consumption patterns or a daily average consumption for the premises, if: Bylaw 3284-23 13.2.2. A Meter fails to properly register the amount of water consumed; or, 13.2.3. Water supplied through a Meter has not, for any reason whatsoever, registered on the Meter. 13.3. If a Consumer experiences abnormal water consumption, the City Manager or their designate may adjust the Account billing taking into consideration any or all of the following factors: 13.3.1. Whether the Account is for Residential Property or Commercial Property; 13.3.2. The cause or nature of the abnormal water consumption; 13.3.3. Any evidence of action taken by the Consumer to abate the abnormal consumption; and, 13.3.4. Any other factors the City Manager or their designate deems relevant. 13.4. In the event of a difference in reading between the remote register and the Meter, the Meter shall be deemed correct. 14. Service Discontinued or Refused -- The City may, upon providing reasonable notice, discontinue or refuse water service to an Applicant or a Consumer for failure to: 14.1. Open an Account, or 14.2. Pay any rates or fees or charges, or 14.3. Pay any rates or fees from accounts in the Consumer's name that have been closed where unpaid balances have been written off by the City or sent to a collection agency; 14.4. Provide access to a Meter, or 14.5. Comply with any provision of this Bylaw. 15. Fee for Restored Service -- Inthe event that a discontinued Service is restored, the Consumer shall pay a re-connection fee as specified in the City of Camrose Annual Fees and Charges Bylaw, and may be required to pay a deposit before service is resumed in accordance with this Bylaw. 15.1. Ifthe Consumer is not the Owner and the discontinued service was a result of unpaid amounts owing for the utilities, the City shall require that all unpaid amounts owing are Bylaw 328423 16. 17. 18. 19. 20. 15.2. If the Consumer is not the owner and the discontinued service was a result of unpaid amounts owing for the utilities, and the Consumer has vacated the premises, which would require the landlord or new tenant to pay for the re-connection fee, the re- connection fee shall be waived. City Not Liable -- Neither the City nor its employees shall be liable for any costs or damages resulting from any discontinuance of a Service, or reduction in flow, or reduction in pressure. Emergency Shut-off -- In case of emergency, the City may shut off the water supply in any part of the City. Water Being Wasted -- in the event that it is determined by the City Manager or their designate that water is being wasted, the City may shut off the water supply to the property concerned. Water Shortage Emergency -- The City Manager or their designate, at their discretion, may declare a water shortage emergency and may impose any or all of the following restrictions: 19.1. Regulate the hours and/or days that water may be used outside of a Residential Property or a Commercial Property unit. 19.2. Regulate or prohibit the use of water for watering lawns and gardens. 19.3. Regulate or prohibit the use of water for washing vehicles or structures of any kind. 19.4. Where the City Manager or their designate believes there is a water shortage and regulates the use of water, they shall cause notice in any newspaper to be published in the City for at least one week, and no Person shall water any lawns, gardens, streets, yards or grounds, or use a hose or other similar devices to wash vehicles or the exteriors of houses or other buildings during such time as may be fixed by the City Manager or their designate. The City Manager or their designate, in fixing restrictions on the use of water, may vary the hours and days of use for different portions of the City, or may attach other conditions deemed necessary. Backflow Prevention: 20.1. Where it is determined by the City of Camrose Plumbing Inspector that any Service Connection creates a high risk for contamination to the Water System, the Owner, upon being given notice by The City, shall install on their Service Connection an approved Backflow Preventer (certified cross connection control device) at the Owner's sole cost, at all identified sources of contamination. 20.2. No Person shall connect, cause to be connected, or allow to remain connected to the Bylaw 3284-23 20.3. Ifa condition is found to exist which is contrary to Section 20.2, the City may issue such order or orders to the Owner as may be required to obtain compliance with Section 20.2. In addition the City may order an immediate disconnection of the Service Connection to the Water System until the issue is resolved. The City may also carry out the necessary work at the Owner's expense. 20.4. All Backflow Preventers (certified cross connection control device) shall be inspected and tested at the expense of the Owner, upon installation, and thereafter annually, or more often ifrequired by the City; by: 20.4.1. Person approved by The City to carry out such tests, to demonstrate that the device is in good working condition; or 20.4.2. By a Certified Tester as per Section 21. 20.5. The Owner shall submit a report in a form approved by the City for all tests performed on a Backflow Preventer within thirty (30) days of a test being performed and a record card issued by the City shall be displayed on or adjacent to the Backflow Preventer (certified cross connection control device). The tester shall record thereon the name and address of the Owner; the location, type, manufacturer, serial number and size of the device; and the test date, the tester's initials, the tester's name (ifself-employed) or the name of the tester's employer and the tester's license number. 20.6. When the results of a test referred to in Section 20.4 show that a Backflow Preventer (certified cross connection control device) is not in acceptable working condition, the Owner shall, when so directed by the City, repair or replace the device within ninety-six (96) hours. Ifthe Owner fails to comply with the direction given, the City may shut off the Water Service or Water Services. 20.7. If an Owner fails to have a Backflow Preventer (certified cross connection control device) tested, the City may notify the Owner that the Backflow Preventer (certified cross connection control device) must be tested within ninety-six (96) hours of the Owner receiving the notice. 20.8. If an Owner fails to have a Backflow Preventer (certified cross connection control device) tested within the time provided in Section 21 ., the City may cause the Water Service or Water Services to be shut off until the Backflow Preventer (certified cross connection control device) has been tested and approved. The City may also carry out the necessary work at the Owner's expense. 20.9. No Person shall turn on a "CC. Valve" to provide water to the Occupants of any newly renovated, constructed, or reconstructed premises until the plumbing system in such Bylaw 3284-23 21. 22. 23. Certified Cross Connection Control Device Maintenance -- Where a certified Cross Connection Control Device has been required by the City's Plumbing Inspector the Owner shall have the device tested annually by a Certified Cross Control Device Tester (as defined under the Alberta plumbing code) and shall submit a detailed report of such tests to the City's Safety Codesl Plumbing Inspector prior to December 31st of each calendar year. Continuous Water Supply Not Guaranteed -- The City does not guarantee the pressure nor the continuous supply of water. The City reserves the right at any time without notice to adjust operating water pressures and to shut off water for maintenance or emergency reasons. The City and its officers, employees and agents shall not be liable for any damages of any kind due to changes in water pressure, the shutting off of water, or by reason of the water containing sediments, deposits or other foreign matter. Liabilityfor Freezing: 23.1. The Owner shall be responsible for all costs resulting from a freezing of the Service Connection ifthe freezing is not a result of an interruption in the supply of water through the water main. 23.2. If required, Service Connections shall be insulated in accordance with the City's engineering design guidelines and construction standards. 23.3. The Owner, at their own expense, may install a freeze protection device. Freeze protection devices or methods shall be installed or employed in accordance with the City's engineering design guidelines and construction standards and with approval of the City Manager or their designate. The Owner willbe responsible and shall be liable for any damage which may result from the improper or negligent operation and maintenance of the freeze protection device. FEES, CHARGES, AND PENALTIES 24. 25. 26. Water Charges ~ AllConsumers shall pay for water consumption and all other charges levied pursuant to this Bylaw in accordance with the City of Camrose Annual Fees and Charges Bylaw. Water consumption shall be as recorded by the Meter or as estimated by the City. Water Consumption Measurement -- In special circumstances or when accurate metered consumption values are not available, water consumption may be estimated by the City. Due Date -- Allfees, rates, and charges shall be due and payable on or before the due date shown on the billing. Bylaw 3284-23 28. Water Franchise Fee - The City of Camrose shall impose a franchise fee of 9.0% on the water utility, to be used by the City to offset general operating expenditures such as administration, overhead, and right--of--waymaintenance. 29. Enforcement of Payment -- Any unpaid fees, rates and charges may be collected by the City by any of the following means: 29.1. By action in any court of competentjurisdiction, including distress and sale of personal property after obtaining judgment, or 29.2. By shutting offthe service being supplied to the Consumer, or discontinuing the Service thereof, until the unpaid amounts are paid. Water Accounts inthe name of a Consumer who is not the Property Owner with payment arrears for two consecutive months of consumption will be shut off on a date not earlier than the date noted on the shut--off notice sent to the customer based upon the most recent contact information that the City has received; or 29.3. By entering the unpaid amounts on the tax roll of the property for which the Service was supplied where the Consumer is the owner of the premises being served. OFFENCES AND PENALTIES 30. Tamper with "C.C" and Service Connection -- No person shall without a permit, operate or in any way tamper with any valve or pipe designed to control a Service Connection. 31. Tamper with Meter - No person shall, without a permit, tamper with, modify, maintain, or disconnect a Meter or its accessories, or in any way render it inoperative. 32. Break Seals - No person shall, without a permit, break or interfere with any seal place by the City, on any Meter or valve or other part of a Service Connection, except in an emergency, in which case, the City must be notified as soon as possible. 33. Tap Service ~ No person shall, without a permit, tap into a service pipe or valve between the Meter setting and the City water main. 34. Tap Fire Line -- No person shall, without a permit, tap into or modify a Fire Line. 35. Hydrant Use -- City and Private - No person, other than authorized City employees, shall without a permit, operate or use water from a City fire hydrant or without a permit, operate or use water from a private fire hydrant, except for annual maintenance authorized by the City Manager or his designate. Bylaw 3284~23 37. 38. 39. 40. 41. hydrant, to the satisfaction of the General Manager of lnfrastructureand submit a report describing and confirming such maintenance annually to the General Manager of Infrastructure. Obstruct Access -- No person shall obstruct or in any way interfere with the free access, by City employees, to any hydrant, water main control valve, Meter, or other components of the Water System. Possess Wrench or Key - No person, other than authorized City employees, shall without a permit, use any wrench or key designed to operate any valve, C.C., hydrant, or other components of the City Water System. Cross Connection - No person shall allow a condition to exist within their plumbing system or Service Connection which is likely to allow the introduction of a foreign material into the City Water System even in circumstances of zero or negative Water System pressure. Contravene Regulations - No person shall, during a Water Shortage Emergency (Section 19), use any water contrary to the regulations imposed by the City Manager or their designate. Unauthorized Use of Water: 41.1. Except as othenNise authorized under this Bylaw, no person shall obtain water from the Water System, or allow water to be obtained from the Water System to be used: 41.1.1. In an illegal manner, or 41.1.2. In a manner that willimpede use by other Consumers, or 41.1.3. Unless an Account has been opened, or 41.1.4. Unless the water has first passed through a Meter. 41.2. lfthe City finds an unauthorized use of water, including tampering with a Meter or other part of the Water System, the City may take corrective action to remedy the unauthorized use and repair its Meters, appliances, or other facilities, and ensure the safety of the general public. 41.3. Upon finding an unauthorized use of water, the City may disconnect the Service Connection immediately, without notice, and shall charge the Customer all costs incurred in correcting the condition, in addition to any other rights and remedies which may be available to the City. Bylaw 3284-23 41.4.1. Allcharges for water consumed or obtained in accordance with the water rates as per the UtilityRates Bylaw, as estimated by the City; and 41.4.2. All charges to cover the City's costs associated with the unauthorized use of water. 41.5. No Consumer shall cause, permit to allow to remain connected to any portion of the Water System any piping, fixture, fitting, container or other apparatus which may cause water from a source other that the Water System or any other actual or potentially harmful or deleterious liquid or substance to enter the Water System. 41.6. Except as othen/vise authorized under this Bylaw, no Customer shall: 41.6.1. Sell water supplied hereunder, or 41.6.2. Use or apply any water to the use or benefit of others or to any other than the Customer's own use and benefit. 41.7. If a Consumer is in breach of Section 41 notwithstanding any other provision of this Bylaw, the City may charge the Consumer for all water supplied at the current bulk water rate. 41.8. lfthe City finds an unauthorized use of water including use resulting from any tampering with a Meter or other parts of the Water System, the City may make such changes in its Meters or Water Systems, Service Connections, ortake such other corrective action, as may be appropriate to ensure only authorized use. The Owner shall pay all costs of such action necessary to remedy any violation of the bylaw caused by the Owner or a Customer. 42. Notice - In any case where the City is required to notify a Consumer or Owner pursuant to this Bylaw, the City Manager or their designate shall effect such notification either: 42.1. By causing a written copy of the notice to be delivered to and left in a conspicuous place at or about the premises withinwhich the potable water was being consumed by the Owner or the Consumer affected by such notice, or 42.2. By causing a written copy of the notice to be mailed or delivered to the last known address of the Owner as disclosed in the land registry system established by the Land Titles Act of Alberta as shall appear to the City Manager or his designate most appropriate in the circumstances. 43. Penalty for Violation: Bylaw 3284-23 ($1,000.00) and not more than Ten Thousand Dollars ($10,000.00) per offence and in default of payment to imprisonment for a term not exceeding six (6) months. Further, an additional fine of not less than $1,000.00 and not more than $10,000.00 for each day that the offence continues. 43.2. The levying and payment of any fine orthe imprisonment for any period provided in this Bylaw shall not relieve a Person from the necessity of paying any fees, charges or costs for which that Person is liable under the provisions of this Bylaw or any other Bylaw. 43.3. Notwithstanding the provisions of this Section, any Person who contravenes any provision ofthis Bylaw may forfeit the privilege to be supplied with waterfrom the Water System. 44. Voluntary Penalty - $1,000.00 - Notwithstanding Section 44.1, the persons to whom a Violation Ticket has been issued pursuant to the Provincial O?ences Procedure Act, RSA 2000, c P- 24, as amended, or as repealed and replaced from time to time, may plead guilty by making a voluntary payment in respect to the summons by delivering to the Provincial Court on or before the initial appearance date, the Violation Ticket together with the equal to amount of One Thousand Dollars ($1000.00). MISCELLANEOUS 45. Permits Issued -- Permits required under this Bylaw may be obtained from the Department. 46. Licensed Plumber Exempt -- A licensed plumber acting in an emergency shall not be deemed to be in violation of this Bylaw, provided that they obtain the necessary permit or permission from the City at the earliest opportunity. 47. This Bylaw shall come into full force and effect upon third and final reading, and Bylaws 3099- 20 and 3198-22 are hereby rescinded at that time. READ a FIRST time in COUNCIL this _4'_l_' day of DECEMBER, A.D. 2023. MAYOR Bylaw 3284-23 READ a SECOND time in COUNCIL this _'18_'ij day of DECEMBER, A.D. 2023. MAYOR ACTING CITY MANAGER READ a THIRD time and FINALLY PASSED in COUNCIL this ?t' day of DECEMBER, A.D. 2023. MAYOR jz/ ACTING CITY MANAGER