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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