Water and Sewer Connecting Line Service Bylaw No. 3579, 2002 (Consolidated) — full text

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THE CORPORATION OF THE CITY OF DAWSON CREEK WATER & SEWER CONNECTING LINES BYLAW NO. 3579, 2002 CONSOLIDATED FOR CONVENIENCE ONLY This is a consolidation of the bylaws listed below. Amendments have been incorporated with the parent bylaw for convenience only. This consolidation is not a legal document. Certified copies of the original bylaws should be consulted for all interpretations and applications of the subject bylaw. Amendment Bylaw 4091, 2010 Amendment Bylaw 4303, 2016 THE CORPORATION OF THE CITY OF DAWSON CREEK BYLAW NO. 3579 A Bylaw of The Corporation of the City of Dawson Creek to establish a water and sewer connection service and impose a service charge. WHEREAS, the Council of the City is authorized under the Local Government Act to establish and operate any service that the Council considers necessary or desirable for all or part of the City, and may regulate in relation to that service; AND WHEREAS, the Council is empowered by the Local Government Act to impose a fee or charge payable in respect of a service; AND WHEREAS, the Council considers it to be desirable to provide for the installation of sewer and water service connections; THEREFORE the Council of the City of Dawson Creek, in open meeting assembled, enacts as follows: SECTION 1 - TITLE 1.1 This bylaw may be cited as "Water and Sewer Connecting Lines Service Bylaw No. 3579, 2002". SECTION 2 - DEFINITIONS 2.1 In this Bylaw, the following words and terms have the following meanings assigned to them: "Bylaw Enforcement Officer" means a person or persons appointed from time to time by resolution of City Council pursuant to Section 36 of the Police Act, the purpose of which is to enforce regulatory bylaws of the municipality. "Connecting Line" means a pipe which extends from a Main to the boundary of a parcel and which allows community sewer service or community water service to be supplied to the parcel. "Main" means a community sewer main or community water main. SECTION 3 - SERVICE ESTABLISHMENT 3.1 A service is established for the provision of Connecting Lines to unserviced parcels of land (the "Service"). SECTION 4 - SERVICE PROVISION 4.1 The Service will be provided upon the earlier of: (a) construction by the City of a Main adjacent to a parcel which has not previously been connected to the community water system or community sewer system; (b) a request by the owner of an unserviced parcel of land to the City for the installation of a Connecting Line from the parcel boundary to a Main located adjacent to the parcel; and (c) in the case of a community sewer main existing on the date of adoption of this Bylaw, the City's determination that the parcel should be connected to the community sewer system. SECTION 5 - SERVICE CHARGE 5.1 Upon being notified of the installation of a Connecting Line to a parcel boundary, the owner shall pay a service charge to the City. 5.2 The amount of the service charge imposed under Section 4 shall be equal to the actual costs incurred by the City to install the Connecting Line, including an administration charge of 5%. The charge will be payable in respect of each Connecting Line installed to the parcel boundary. 5.3 Charges imposed under this Bylaw shall be paid by the owner of the parcel either: (a) within 30 days of being notified of the completion of the Connecting Line; or (b) by 10 annual instalments of 1/10th of the charge, plus interest of 6% per annum, compounded annually, on the unpaid balance of the charge. 5.4 An owner who elects to pay the charge by instalments under Section 6(b) must notify the Collector of the City in writing and pay the first instalment within 30 days of being notified of the installation of the Connecting Line. Subsequent instalments shall be paid before July 1st in each of ensuing nine calendar years. SECTION 6 - MANDATORY CONNECTION 6.1 When a sewer Connecting Line is installed to the boundary of a parcel, the owner of the parcel shall connect the building on the parcel to the sewer Connecting Line by installing a sewage disposal pipe from the building to the parcel boundary and connecting to the pipe to the sewer Connecting Line, within 60 days of being notified of the completion of the sewer Connecting Line. SECTION 7 - ENFORCEMENT 7.1 Any person designated as a Bylaw Enforcement Officer pursuant to the City of Dawson Creek's Bylaw Enforcement Notice Bylaw or Dawson Creek's Municipal Ticket Information Bylaw is hereby authorized and empowered to enforce the provisions of this Bylaw by the Bylaw Notice Enforcement Bylaw No. 4277, 2016 as amended from time to time, or by the Municipal Ticket Information System Bylaw No. 4278, 2016 as amended from time to time. 7.2 No person shall do any act or suffer or permit any act to be done in contravention of this bylaw. 7.3 No person shall obstruct or impede a bylaw officer in lawful performance on any property, at all reasonable times, in order to ascertain whether such regulations are being observed as per Section 16 of the Community Charter. 7.4 Each day that an offence against this bylaw continues shall be deemed a separate and distinct offence. 7.5 A person who contravenes any provision of this bylaw is liable to a fine of not more than $10,000.00 and not less than $100.00 for each offence. 7.6 Any penalty imposed pursuant to this bylaw shall be in addition to, and not in substitute for, any other penalty or remedy imposed pursuant to any other applicable statue, law, or legislation. SECTION 8 - ADMINISTRATIVE 8.1 If any Provision of this bylaw is declared or held to be illegal, invalid, or ultra vires, in whole or in part, then the provision shall not apply and the remainder of this bylaw shall continue in full force and effect and be construed as if it had been enacted without the illegal, invalid, or ultra vires provision. 8.2 "Water and Sewer Rates Amendment Bylaw No. 3383, 1999" is repealed. READ a first time this 10 day of June ,2002. READ a second time this 10 day of June ,2002. READ a third time this 10 day of June ,2002. ADOPTED this 24 day of June ,2002. The Corporate Seal of THE CORPORATION OF THE CITY OF DAWSON CREEK was affixed hereto in the presence of: Original Signed By _______________________________ Wayne Dahlen - Mayor Original Signed By _______________________________ John Malcolm - Corporate Administrator CERTIFIED A TRUE AND CORRECT COPY of Bylaw No. 3579 cited as "WATER AND SEWER CONNECTING LINES SERVICES BYLAW NO. 3579, 2002". Original Signed By______________ John Malcolm Corporate Administrator