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CITY OF KIMBERLEY
PROVINCE OF BRITISH COLUMBIA
BYLAW NO. 2414
A BYLAW OF THE CITY OF KIMBERLEY TO PROVIDE FOR THE PROVISION OF
WATER CONNECTIONS AND FOR UNIFORM CHARGES IN RESPECT THEREOF.
The Municipal Council of the City of Kimberley, in open meeting assembled, enacts as
follows:
1. In this Bylaw:
"Apartment" means a multiple family dwelling containing three (3) or more
dwelling units which have shared exit facilities.
"Cross-Connection" means any physical arrangement whereby the Municipality's
water supply is connected, directly with any non-potable or unapproved private
water supply system, sewer, drain, conduit, well, pool, storage reservoir,
plumbing fixture, or any other device which contains, or may contain,
contaminated water, liquid, gases, sewage, or other waste, of unknown or unsafe
quality which may be capable of imparting contamination to the public water
supply as a result of backflow.
"Dwelling unit" means a dwelling unit as defined in City of Kimberley Zoning
Bylaw No. 1850, as amended or substituted from time to time.
"Manager, Operations & Environment Services" means the person duly
appointed by Council for the time being as Manager, Operations & Environment
Services of the City of Kimberley and includes the Utility Supervisor.
"Service pipe" means the pipe installed from the water main to the curb-stop at
the property line or limit of statutory right of way, where applicable.
"Water connection" means the connection of the water line to the service pipe
and includes a new service, a relocation of present service and the replacement
of a present service.
"Water line" means the pipe installed from the curb-stop at the property line or
limit of statutory right of way to the dwelling unit or other building served.
2. Every owner or owner's agent of real property shall lay water lines and shall
connect to the service pipe within one month after being notified by the City that
water service is available.
BYLAW NO. 2414
Page 2
3. No person shall make, construct, maintain or use any water line or service pipe
within the City of Kimberley except in compliance with the provisions of this
Bylaw.
4. Prior to connecting to the City's water main, an applicant for a water connection
shall make application to the City in a form acceptable to the Manager,
Operations & Environment Services and shall pay the connection charge set
out in Schedule "A" attached hereto.
5.
An applicant requesting a service call-out of City personnel for a water problem;
a request to thaw a waterline; or the maintenance of private hydrants shall pay
the charges set out in Schedule "B" attached hereto.
6. Despite Section 4., when water connections are installed by a developer within a
private subdivision, the City will not levy the applicable connection charge against
the individual property owners. However, a charge will be levied against the
developer to connect on to the City system, in an amount equal to the actual
costs incurred by the City in providing the connection, including all administration,
labour, material and equipment costs.
7. Each and every dwelling unit supplied with water connection, other than an
Apartment, or a property defined as a strata titled property, shall have a separate
water connection and a separate water line.
8. Each owner shall be solely responsible for the installation and maintenance of
the water line and service pipe.
9. All service pipes installed by a developer within a private subdivision and all
water lines shall be laid at a depth of not less than two (2) metres, or such
greater depth as shall be determined by the Manager, Operations & Environment
Services, below the surface of the ground and in all cases such service pipes
and water lines must be properly protected against frost, and where they pass
under or near other excavations they must be properly protected against
settlement and frost.
10. No person shall connect any pipe to any water main except in compliance with
this Bylaw, or in any way obtain or use any water supplied thereby except as
provided herein.
11. The material used for water service pipes, water lines and fittings shall be of such
material as is approved by the Manager, Operations & Environment Services.
BYLAW NO. 2414
Page 3
12. The City, by its agents, employees or servants shall be entitled at all times to
enter upon any property to which a water connection has been made, to review
the condition thereof and ensure that the provisions of this Bylaw are being
complied with.
13. The owner or occupier shall keep in good order and condition to the satisfaction
of the Manager, Operations & Environment Services, all pipes, fixtures,
instruments, and apparatus used in connection with the supply of water and
situate upon the property owned or occupied by the owner or occupier, and
failure to comply with the provisions of this section shall entitle the City to
discontinue the supply of water.
14.
In the event of there being any leak, imperfection, or impropriety whatsoever, in
any pipe, fixture or apparatus, meter or indicator (the "Works") used in
connection with the supply of water, the Manager, Operations & Environment
Services shall in writing, notify the owner or occupier of the property containing
such Works to repair, alter, or restore the same. If such owner or occupier shall
not within forty-eight (48) hours of the receipt of such notice, have complied
therewith, or where the condition of such Works shall, in the opinion of the
Manager, Operations & Environment Services, be such as to be likely to
occasion a waste or damage, without any notice whatever, the Manager,
Operations & Environment Services shall be entitled without any further or other
notice or in the event of such anticipated waste or damage, without any notice
whatever to disconnect the supply of water from such property in such a manner
as the Manager, Operations & Environment Services shall think fit and before the
supply of water shall be resumed such Works shall be repaired, altered or
restored to the satisfaction of the Manager, Operations & Environment Services
and the charge for disconnection and re-connection shall be paid, and no person
shall have any claim against the City by reason of such disconnection.
15. Despite Section 14., the City may, at the cost of the property owner, at any time
in an emergency, enter onto any property and affect any work deemed necessary
by the Manager, Operations & Environment Services, including any repair work.
16. No person shall wilfully or maliciously release or discharge any water so that the
same shall be wasted, or throw or deposit any injurious, noxious, or offensive
matters into the water or waterworks or apparatus, or in any way foul the same or
commit any damage or injury to the waterworks or apparatus, or aid or
encourage any such act to be done.
17. No person shall appropriate to that person's use any water from any public tap.
18. The City shall be entitled at any time and from time to time without notice, to
discontinue temporarily the supply of water to any property and no person shall
have any claim against the City by reason of such discontinuance.
BYLAW NO. 2414
Page 4
19. No person other than an employee of the City duly authorized in that behalf shall
carry out any works or operations or interfere or tamper with any fixture,
instrument, or apparatus of the City in connection with the water system.
20. No person, other than an employee or agent of the City, shall open or close, or
tamper with any hydrant, or hydrant valve, or hydrant chamber, or obstruct the
free access to any hydrant, hydrant valve, or hydrant chamber.
21. Nothing in this Bylaw contained shall impose any obligation upon the City to
provide any continuous supply of water.
22. The Manager, Operations & Environment Services, or other authorized City
official, shall be entitled at any time, and from time to time, by notice in a
newspaper published or circulated in the City of Kimberley, to suspend, or stop,
or regulate the use of water in fountains, garden hoses, lawn sprinklers, water-
cooled coolers, or irrigation pipes, and any person using water not in accordance
with such published notice shall be guilty of an offence against this Bylaw.
23.
No person shall permit or cause a cross-connection within the City's water
system.
24. Any person failing to observe or perform any of the terms, conditions, and
provisions of this Bylaw shall, upon summary conviction therefore, be liable to a
fine not exceeding the sum of Two Thousand Dollars ($2,000.00).
25. If any section, subsection, clause, phrase or word of this Bylaw is held to be
invalid by a decision of a court of competent jurisdiction, the invalid section,
subsection, clause, phrase or word shall be severed, and the severance shall not
affect the validity of the remainder.
26. Bylaw No.1915 is hereby repealed.
27. This Bylaw may be cited as "City of Kimberley Waterworks Connection Bylaw No.
2414, 2011."
Read a first, second and third time on the 28th day of March, 2011.
Adopted on the 11th day of April, 2011.
"J. E. OGILVIE"
"G. STRATTON"
MAYOR
CHIEF CORPORATE
ADMINISTRATION OFFICER
SCHEDULE "A"
TO
BYLAW NO. 2414
The following rates shall apply to new installation of service pipes and shall include all
administration, labour, supervision, materials and equipment costs.
1. Water connection
Service size Single-family & two family dwellings
20mm (3/4")
$2,707.00
25mm (1")
$2,816.00
40mm (1 1/2")
$3,247.00
50 mm (2")
$3,247.00
2. Additional charge for water connection
Actual cost incurred by City over and above
the charges set out in Section 1. made
between October 15 to March 15, inclusive $2,707.00
3. Replacement of existing service pipe (no leak)
$1,250.00
(City line replacement requested by owner, City
side. No charge at discretion Manager,
Operations & Environment Services)
All water connections larger than fifty (50)
millimetres shall be charged on a cost plus
basis, Minimum charge
$3,247.00
SCHEDULE "B"
TO
BYLAW NO. 2414
The following rates shall apply to service call-outs, water problems and the thaw of
waterline; and the maintenance of private fire hydrants.
1.
Service Call-Out
* Service Call-Out rate
$ 56.00 during regular working hours
or at operator call-out rate after hours
Water problem on owner's property
actual City costs incurred by owner
Water problem on City property
actual costs incurred by City
No problem found
actual City costs incurred by owner
*
Fee may be waived if the water problem is determined to be a City related
issue as determined by the on site City official.
2.
Thaw
Thaw of 20mm waterline on private
property
actual City costs incurred by owner
3.
Private Hydrants
City maintenance of private hydrants
$ 300.00
per hydrant
plus hydrant
material