Sewer Connection Bylaw No. 2415 (Consolidated Version)

Kimberley, British Columbia · adopted 2011-04-11

This is the exact embedded text of the captured official document. Snapshot 5896ee79a934 · verified 2026-08-23 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

CITY OF KIMBERLEY SEWER CONNECTION BYLAW NO. 2415, 2011 ADOPTED: APRIL 11, 2011. CONSOLIDATED FOR CONVENIENCE ONLY: MAY 23, 2017 DISCLAIMER The version of this bylaw of the City of Kimberley is provided for information or research purposes only. Every effort is made to ensure the accuracy of copies of bylaws; however, this is not an official version of City of Kimberley bylaw, and should not be relied upon as such, and these documents are not admissible in a court of law. For such purposes, official certified copies can be obtained from the Chief Corporate Administration Officer. Before making any decisions based on the copy of the bylaw, you should confirm all information contained therein. The City of Kimberley will in no event be liable or responsible for damages of any kind arising out of the use of the copy of this bylaw. Bylaw 2415 Page 2 CITY OF KIMBERLEY PROVINCE OF BRITISH COLUMBIA BYLAW NO. 2415 A BYLAW OF THE CITY OF KIMBERLEY TO PROVIDE FOR THE PROVISION OF SEWER 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. "Director of Operations" means the person duly appointed as the Director of Operations or that person's designate. All references in the bylaw to 'Director of Operations are deleted and substituted with 'Director of Operations'. (Bylaw 2587, 2017. Amnd 2) "Dwelling unit" means a dwelling unit as defined in City of Kimberley Zoning Bylaw No. 1850, as amended or substituted from time to time. "Service pipe" means the pipe installed from the sewer main to the property line or limit of statutory right of way, where applicable. "Sewer connection" means the connection of the sewer line to the service pipe and includes a new service, a relocation of present service and the replacement of a present service. "Sewer line" means the pipe installed from 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 sewer lines and shall connect to the service pipe within one month after being notified by the City that sewer service is available. 3. No person shall make, construct, maintain or use any sewer 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 sewer main, an applicant for a sewer connection shall make application to the City in a form acceptable to the Director of Operations and shall pay the sewer connection charge set out in Schedule "A" attached hereto. Bylaw 2415 Page 3 5. An applicant requesting a service call-out of City personnel for a sewer problem or a request to thaw a sewer line shall pay the charges set out in Schedule "B" attached hereto. 6. Despite Section 4, when sewer 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 sewer connection, other than an Apartment, or a property defined as a strata titled property, shall have a separate sewer connection and a separate sewer line. 8. Each owner shall be solely responsible for the installation of the sewer line, back flow preventer and the maintenance of both the sewer line and the service pipe. (Bylaw 2427, Amnd 1) 9. All service pipes installed by a developer within a private subdivision and all sewer lines shall be laid at a depth of not less than one and one-half (1.5) metres, or such greater depth as shall be determined by the Director of Operations, below the surface of the ground and in all cases such service pipes and sewer 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 sewer main or service pipe except in compliance with the provisions of this Bylaw. 11. The material used for sewer service pipes, sewer lines and fittings shall be of such material as is approved by the Director of Operations. 12. The City, by its agents, employees or servants shall be entitled at all times to enter upon any property to which a sewer 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 Director of Operations, all pipes, fixtures, instruments, and apparatus used in connection with the supply of sewer service 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 sewer service. Bylaw 2415 Page 4 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 sewer service, the Director of Operations 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 Director of Operations, be such as to be likely to occasion a waste or damage, without any notice whatever, the Director of Operations 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 sewer service from such property in such a manner as the Director of Operations shall think fit and before the supply of sewer service shall be resumed such Works shall be repaired, altered or restored to the satisfaction of the Director of Operations 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, any time in an emergency, enter onto any property and affect any work deemed necessary by the Director of Operations, including any repair work. 16. No person shall release or discharge any sewage except in accordance with this Bylaw. 17. It shall be unlawful to permit sludge or deposit contained in existing septic tanks or cesspools to enter the sewer system of the City. Whenever a sewer connection is made, the deposit in the said tank or tanks or cesspools shall be removed therefrom and hauled away, and the tank or tanks or cesspools shall then be filled with either fresh earth or sand, or they may be dismantled at the option of the owner or owners. 18. The City shall be entitled at any time and from time to time without notice, to temporarily discontinue sewer service to any property and no person shall have any claim against the City by reason of such discontinuance. 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 sewer system. 20. Nothing in this Bylaw contained shall impose any obligation upon the City to provide any continuous sewer service. Bylaw 2415 Page 5 21. 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). 22. 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. 23. Bylaw No. 1914 is hereby repealed. 24. This Bylaw may be cited as "City of Kimberley Sewer Connection Bylaw No. 2415, 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" MAYOR "G. STRATTON" CHIEF CORPORATE ADMINISTRATION OFFICER Bylaw 2415 Page 6 SCHEDULE "A" TO BYLAW NO. 2415 The following rates shall apply to sewer connections of one hundred (100) millimetre service pipe and shall include all administration, labour, supervision, materials and equipment costs. 1. Sewer connection $2,000.00 2. Additional charge for sewer connection Actual cost incurred by made between November 15 to City over and above March 15, inclusive $2,000.00 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 sewer connections larger than one hundred (100) millimetres shall be charged on a cost plus basis, Minimum charge $2,000.00 Bylaw 2415 Page 7 SCHEDULE "B" TO BYLAW NO. 2415 (as amended by Bylaw 2587) The following rates shall apply to service call-outs, sewer problems and the thaw of sewer line. 1. Service Call-Out * Service Call-Out rate $ 56.00 during regular working hours or at operator call-out rate after hours No problem found actual City costs incurred by owner * If the sewer issue is determined, by on-site City staff, to be a City related issue, the service call out fee may not be charged. 2. Thaw Thaw of sewer line actual City costs incurred by owner