Zeballos, British Columbia
· No. 519-2018
· adopted 2018-12-20
· summary & facts
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## THE CORPORATION OF THE VILLAGE OF ZEBALLOS
## BYLAW #519-2018 WATER RATES AND REGULATIONS
A bylaw to provide for the imposition of a charge against the owner or occupier of real property for the use of the Municipal sewer system.
WHEREAS pursuant to Part 2 of the Community Charter, a municipality may provide any service that the council considers necessary or desirable, and may do this directly or through another public authority or another person or organization,
AND WHEREAS pursuant to Part 7 of the Community Charter, Council has the power to provide for the establishment and use of a waterworks system and impose fees payable in respect to all or part of a service of the municipality;
NOW THEREFORE the Council of the Village of Zeballos, in open meeting assembled, ENACTS THE FOLLOWING:
## PART 1 ADMINISTRATION
## 1.1 Citation
This bylaw may be cited for all intents and purposes as "Village of Zeballos Water Rates and Regulations Bylaw #519-18".
## 1.2 Definitions
| "Applicant" | means an owner or his agent making application for a water service connection. |
|---------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------|
| "Collector" | means the Collector of Taxes for the Village of Zeballos and unless otherwise specified, this shall be the Municipal Clerk. |
| "Consumer" | meage any person to whom water is supplied by the |
| "Council" | means the Council of the Corporation of the Village of Zeballos. |
| "Curb stop" | means a shut-off valve on a service connection installed by the Village. The curb stop is generally located between the water main and the property line. |
| "Director | means that person appointed as such by the Council of |
|------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| of Finance" | the Corporation of the Village of Zeballos who is authorized to deal with all matters relating to the levying and collecting of water rates. |
| "Dwelling unit" | means one or more rooms constituting a unit of living accommodation used or intended to be used for living and sleeping purposes and containing a sink and cooking facilities. |
| "Fire Chief" | means that person appointed as such by the Council of the Village of Zeballos. |
| "Fire hydrant" | means a device equipped with special threaded connections installed on a highway, right-of-way, easement or on municipal property and connected to a water main to supply water for fire protection purposes. |
| "Main" | means a pipe including valves, fittings and other appurtenances, other than a service connection, Service lateral, pumping station, treatment plant or reservoir in the water distribution system. |
| "Meter" | means a device used to measure and indicate the volume of water passing through the device. |
| "Occupier" | means a person who rents, leases or physically occupies a property owned by another person. |
| "Officer" | means a duly authorized agent or employee of the Village of Zeballos. |
| "Owner" | means the person, corporation, partnership, company, organization or society shown as the registered owner of the property in the Land Titles Office. |
| "Person" | means and shall include not only a natural person, but also a corporation, partnership, company, organization or society. |
| "Public Works Foreman" | means that person hired as such by the Village of Zeballos. |
| "Service connection" | means a pipe and the necessary valves and protective boxes, connections, and any other materials necessary to and actually used to connect the water main to a curb stop. |
"Service latera" means apie flangal vives concion tag and
"Village"
depending on context, means
- (a) the Village of Zeballos, its officers, employees and duly appointed agents;
- (b) that area within the geographical corporate boundaries of the Village of Zeballos.
"Waterworks system"
means all of the mains, valves, pipes, tanks, pumps and other things forming part of the Village's water supply and distribution system.
"Working hours"
means the hours of work as established from time to time by the Public Works Foreman for the Public Works Department.
## 1.3 Right of Entry
The owner or occupier of land or premises shall permit an officer of the Village or the Public Works Foreman to enter at all reasonable times to ascertain whether or not the provisions of this Bylaw are being adhered to.
## 1.4 Management
The management of the Waterworks System shall be divided into two parts, which shall consist of the following:
- a) Financial Management: Includes all matters pertaining to the levying and collecting of water rates which shall be under the charge of the Director of Finance.
- b) Works Management: Includes all matters pertaining to the engineering and mechanical work in connection with the system which shall be under the charge of the Public Works Foreman.
## 1.5 Inspection
- a) An officer of the Village or the Public Works Foreman shall have access, during reasonable times, to the land or premises being serviced by the Municipal Water System, for the inspection of and reading of meters, and all appurtenances connected with any service.
- b) Upon inspection, if any defect or waste of water is found to exist, an officer of the Village or the Public Works Foreman may issue written notice that the situation is to be corrected within ten days or such other time as may be specified.
- c) In the event the owner or occupier refuses or neglects to take the necessary steps within the specified time, an officer of the Village or Public Works Foreman may have the work done at the expense of the owner, and the Village shall recover the cost thereof with interest.
## 1.6 Access
No person shall obstruct at any time or in any manner the access to any fire hydrant, curb stop, meter, main or any other appurtenances connected to the waterworks system.
## 1.7 Penalty
The Village may take legal action against any person who violates any provision of this bylaw, and, upon summary conviction, that person shall be liable to a penalty not exceeding $2,000.00.
## PART 2 USE OF THE WATERWORKS SYSTEM
## 2.1 Tampering with the Waterworks
- a) No person except an officer of the Village or the Public Works Foreman shall tap or make any connection to a service connection or the mains, or turn off or on any curb stop.
- b) No person shall in any way interfere with or use a fire hydrant without permission from the Fire Chief or the Public Works Foreman.
- c) No person shall in any way interfere with any valve, curb stop, pipe, service connection, main or other waterworks or water system appurtenances outside of his own property, nor shall he in any way interfere or tamper with any meter or pipe leading to such meter, nor in any way interfere with any officer or agent of the municipality.
- d) No person shall install, place or maintain in any premises any water connection pipe or fixture which is not in accordance with the requirements of this bylaw and the BC Plumbing Code.
- e) No person shall allow, cause or permit contamination of the water supply by failing to install a backflow prevention device on all outside taps and underground sprinkler or irrigation systems.
## 2.2 Liability
It is a condition of the supply of water that:
- a) In the event that the supply of water to any consumer shall fail, whether from natural causes or accident or from any other causes whatsoever, the Village shall not be liable for damage by reason of such failure.
- b) Consumers depending on a continuous or uninterrupted supply of water or having processes or equipment which require particularly clear or pure water shall provide such emergency storage, oversize piping, pumps, tanks, filters, pressure regulators, check valves, additional service pipes, or other means for continuous and adequate supply of water suitable for their requirements.
- c) The Village shall not be liable for any injury or damage to any person or property arising or occurring from the use of the water from the waterworks.
- d) The Village shall not be responsible for the maintenance of pressure on mains, service connections, or service laterals nor for increases or decreases in pressure nor for any damages that may result.
- e) The Village shall not be liable in case the water contains sediments, deposits, or other foreign matter.
## 2.3 Termination of Water Supply
- a) The Director of Finance or the Public Works Foreman may deliver notice of an intention to discontinue providing water service to any consumer if:
- i. Fees under this bylaw in connection with that consumer are not received by the Village within 30 days of being due;
- ii. The portion of unpaid taxes that represents unpaid fees under this bylaw remains unpaid for 30 days after the tax notice is mailed to the owner of the property; or
- ili. For failure to maintain the Service lateral in good condition, without any leaks or refusing to provide for the proper installation of a water meter; or
- iv. The owner or occupier of a property has failed to comply with this bylaw.
- b) A person to whom the notice is addressed is deemed to have received notice under section 2.3 subsection a, five (5) days after it is mailed to their last known address or, if delivered personally, on the same day that it is delivered.
- c) Within 14 days of receiving or being deemed to receive the notice of discontinuance, the owner, occupier or other affected person of the parcel may notify the Director of Finance in writing of an intention to be heard by Council respecting the matter. The Director of Finance shall endeavour to arrange for an opportunity to be heard at the next regular meeting of Council scheduled to take place within 30 days following the day the Director of Finance received notice under this Section, or an earlier date as may be mutually agreed on.
- d) Despite subsection a and b, if the Director of Finance considers that a discontinuance based on section 2.3, subsection a (iv), is urgent and necessary to address an emergency or a significant threat to health or safety, the notice of discontinuance and opportunity to be heard by Council may be within a shorter time and in a manner that is reasonable in the circumstances.
- e) After hearing representations from the affected person, Council may confirm, suspend or cancel a decision to discontinue the water service, and Council
may impose any conditions, restrictions or requirements that it considers necessary or appropriate in the circumstances.
- f) If the owner, occupier or other affected person:
1. after 14 days of receiving or being deemed to receive a notice under Section 2.3, subsection a, has not:
3. paid the required fees or portion of unpaid taxes representing unpaid fees under this bylaw;
- il. notified the Director of Finance of a request to be heard by Council;
- ili. remedied any and all non-compliance with this bylaw described in the notice; or
2. has failed to comply with any condition, restriction or requirement imposed by Council within a time period established by Council, or otherwise within 14 days of Council's decision,
the Director of Finance may cause the water service to the property to be discontinued, provided that water service shall not be discontinued until notice in writing has been given to the owner or persons responsible for payment, giving 48-hours notice of such discontinuance.
The fee for disconnection and reconnection established in Schedule "A" attached to and forming part of this bylaw, shall apply to that property in addition to any other fees owing under this bylaw.
## 2.4 Use of Water
It shall be unlawful for any consumer to lend, sell or give the water supplied by the Village or to permit the water to be taken or carried away for the use or benefit of others (except in case of fire) or to waste water. Whenever it is found that any consumer is using water supplied by the Village contrary to the provisions contained in this section an officer of the Village or the Public Works Foreman may have the water turned off without notice.
## 2.5 Water Use Restrictions
- a) The Public Works Foreman is hereby authorized to suspend or stop the supply of water to all consumers for use in fountains, pools, garden hoses or sprinklers, or to set the hours for using same.
- b) Notice thereof shall be given by posting notice on the notice board at the Village Office and at the post office.
- c) Whenever it is found that any consumer is using water supplied by the Village upon lawns, gardens, yards, streets or grounds of any description during times other than those fixed, the supply of water may be turned off without notice and may not be turned on until the water reconnection fee is paid as set out in, Schedule "A" attached to and forming part of this bylaw.
## PART 3 SERVICE CONNECTIONS AND LATERALS
## 3.1 Inspection
A service lateral shall have passed inspection by the Public Works Foreman prior to connection being made at the property line.
## 3.2 Illegal Connections
No person shall connect or attempt to connect, or allow to be connected, or allow to remain connected to the waterworks, any property or premises otherwise than in accordance with the provisions of this bylaw.
## 3.3 Connection Application
- a) Each application for a service connection shall be made to the Village by the owner or his authorized agent on the form prescribed in Schedule "B" attached to and forming part of this Bylaw.
- b) The applicant shall, on making application, pay to the Village the applicable connection fee as set out in Schedule "A" attached to and forming part of this bylaw.
- c) If the connection is practicable, the Public Works Foreman shall provide and install a service connection to the owner's property. If such connection is not practicable, the Public Works Foreman shall so notify the applicant and the Village shall refund the fees paid by the applicant.
- d) At the discretion of the Village, in addition to the fee set out in Schedule "A" attached to and forming part of this bylaw, where it is necessary to remove and replace asphalt or other hard surface road materials, the applicant shall pay in advance the estimated cost of the removal and replacement of such hard surface.
## 3.4 Individual Connections
Each property shall have its own service connection which shall be installed to the Village's standards.
## 3.5 Existing Dual Connections
Where two buildings are presently serviced from an existing single service connection, a second service connection may be approved for installation on application, provided the connection fee as set out in Schedule "A", attached to and forming part of this bylaw, is received from the applicant.
## 3.6 Connection Location
- a) Where possible, the service connection will be located at the location requested by the applicant. In the event the applicant's preferred location is not practicable, the Public Works Foreman shall have the right to change the location.
- b) The Village, or persons duly authorized by the Village, shall install the service connection. Any fittings required to join the service connection to the service lateral shall be the applicant's responsibility.
- c) Where the length of the service connection exceeds 20 metres (66 feet), the applicant shall pay, in advance, the estimated cost of constructing the service connection.
## 3.7 Size of Service Pipes
The Public Works Foreman shall in every case determine the size of the service connection to be used in supplying any premises, and the use of the water and the use of the premises shall be taken into consideration.
## 3.8 Specifications
Water pipes on private property shall be installed in accordance with the BC Building Plumbing Code at the expense of the owner and shall be approved by the Public Works Foreman prior to connection being made to the curb stop at the property line.
## 3.9 Maintenance of the Service connection and Lateral
- a) All consumers must keep all pipes, valves, stopcocks, backflow prevention devices and other fixtures on their property and premises in good repair and protected from frost at their own expense.
- b) No apparatus, fitting or fixture shall be connected to, allowed to remain connected to, or operated in a manner which will cause noises, pressure surges, or other disturbances which may result in annoyance to other consumers or to the Village or in property damage.
- c) The service lateral shall be maintained at the sole expense of the owner. In the event a defect is suspected in the service connection or service lateral, the consumer shall immediately notify the Village, and the Public Works Foreman will determine if the defect exists in the service lateral or in the service connection. If the defect is determined to be located in the service connection, the Village shall repair the defect at no cost to the consumer. If the defect is determined to be in the service lateral, the property owner shall affect the necessary repairs as soon as possible.
- d) It is intended that in the case of frozen water service or similar type of problems that the lot owner first call a plumber. If it is determined that the problem is in the service connection, work is to proceed only after the Public Works Foreman or an officer of the Village authorizes the work to proceed. The Village will not pay for any work done unless this procedure is followed.
## 3.10 Turn on and Turn off
When an owner or occupier wishes to have the water service turned on (reconnected) or turned off (disconnected) at the curb stop, he shall make application on the form provided by the Village as set out in Schedule "B" attached to and forming part of this bylaw and pay the fee set out in Schedule "A", attached to and forming part of this bylaw.
## 3.11 Abandonment
- a) When any water service is abandoned, the owner or his agent shall notify the Village and the Public Works Foreman shall cause the service connection at the curb stop to be shut off after the fee set out in Schedule "A", attached to and forming part of this bylaw shall be paid.
- b) When a house or a building is vacated, the connection on the inside wall of the house or building shall be turned off by the owner or his agent.
## 3.12 Backflow Prevention
All in ground sprinkler and irrigation systems must be equipped with a backflow prevention device.
## 3.13 Alternate Water Supply
In the event an owner has an alternate or auxiliary water supply source other than the municipal service connection, they shall not connect it, cause it to be connected, or allow it to remain connected with the Waterworks system.
## PART 4 METERS
## 4.1 Installation of Meters
- a) The Village of Zeballos shall require the use of a water meter, complete with by-pass and isolation valves on all non-residential properties and new construction. The size and make of the meter shall be determined by the Public Works Foreman. The Public Works Foreman shall place the meter in connection with the service lateral at a point where it enters the building or in such other location as approved. The consumer shall protect the meter from damage and frost and make the meter available to the Village for reading and billing purposes.
- b) The cost of purchasing the water meter and installation thereof must be paid by the owner of the premises for which the water meter is installed.
- c) The water meter shall be the property of the Village of Zeballos.
- d) Except as provided in Section 4.1, subsection e, of this bylaw, the Village shall maintain and repair any water meter installed under this bylaw.
- e) If a meter installed on an owner's premises is stolen or is damaged by freezing, hot water, fire, or otherwise due to neglect of the owner, or an occupier or consumer of that premises, as determined by the Public Works Foreman, the cost of repairs or replacement will be billed to the owner.
## 4.2 Blocked Meter
- a) When a meter is blocked or out of order and fails to register the full amount of water supplied, or indicates that no water has been used, the Village may charge for water on the basis of the amount of water used during the time the
meter was working properly or on the basis of any other information which can be obtained as to the amount of water used, and such amount so computed shall be paid by the consumer.
## PART 5 RATES
## 5.1 Responsibility
- a) Payment of user rates as set out in Schedule "A" attached to and forming part of this bylaw shall be the responsibility of the owner of the property or premises receiving the water service.
2. 5.2 Payment Regulations
- a) Non-metered user rates set out in Schedule "A" attached to and forming part of this bylaw, will be billed annually for service January 1st through December ", due and payable on the first business day of July of each year.
- b) On the first day after the Water User Fees due date each year, non-metered water users who have not paid their Water User Fees will be assessed a penalty of 10% on the amount outstanding.
- c) Metered users will be invoiced on a monthly basis and the charges contained therein will become due and payable to the Village thirty (30) days from the date of the invoice;
- d) Metered users with water user fees that are thirty (30) days past due at December 31st will be assessed a penalty of 10% on the amount outstanding and will be subject to the conditions set out in Section 2.3 of this bylaw.
## 5.3 New Service/Termination of Service
- a) A new consumer shall be charged with the full annual user rate prorated for the number of months of water service remaining in the calendar year after their water service has been turned on.
- b) A rebate on a prorated basis shall be given in any case where the consumer has the water shut off by the Village.
## 5.4 Non-Payment of Rates
- a) Any non-metered user rates remaining unpaid on the 31t day of December shall be deemed to be taxes in arrears in respect of the property to which
the water is delivered and shall forthwith be entered on the Real Property Tax Roll by the Collector as taxes in arrears.
- b) Any metered user rates that are at least thirty (30) days past due remaining unpaid on the 31St day of December will be deemed to be taxes in arrears on the property concerned and will be forthwith entered on the Real Property Tax Roll by the Collector as taxes in arrears.
## PART 6 REGULATIONS TO DETERMINE RATES
- 6.1 Residence in Commercial Building
- a) Where a residence is located in conjunction with a business or in a commercial building, the residence shall be charged as per the annual residential rate and the business shall be charged a commercial rate as per Schedule "A", attached to and forming part of this bylaw.
- b) A dwelling unit in an apartment building, motel, hotel, boarding house or like building which is not available for rent to the public but is used as the principal residence of the owner, shall be charged according to the residential rate.
## PART 7 REPEAL
- 7.1 Water Rates & Regulations Bylaw #445-09, Water Fees Amendment Bylaw #44911 and Water User Fee Amendment Bylaw #503-15 are repealed in their entirety.
## PART 8 EFFECTIVE DATE
- 8.1 This bylaw shall take effect as of the 1s' day of January, 2019.
READ A FIRST time this 18'h day of December, 2018.
READ A SECOND time this 18 day of Decembee, 2018.
READ A THIRD time this 18 day of Decenuber, 2018
RECONIDERED AND FINALLY ADOPTED this 20 day of Deceruber, 2018
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Mayone Cal
Marth Shitey
Corporate Officer
CERTIFIED a true and correct copy of the Village of Zeballos Water Rates and Regulations Bylaw #519-18.
shelbity
Corporate Officer
## SCHEDULE "A"
| Non-Metered Users | Monthly | Annual |
|-------------------------------------------------------------------|-----------|----------|
| Single family dwelling | $15.25 | $183.00 |
| Duplex, multiple dwellings, apartments (per single dwelling unit) | $15.25 | $183.00 |
| Bed and Breakfast/Boarding House | $15.25 | $183.00 |
| (per rentable room) | $7.50 | $90.00 |
| Hotel/Motel/Motor Inn | $15.25 | $183.00 |
| (per room) | $7.50 | $90.00 |
| Beer Parlour/Neighbourhood Pub | $15.25 | $183.00 |
| Schools (per classroom) | $15.25 | $183.00 |
| Store/Office/Restaurant | $15.25 | $183.00 |
| Non-Profit Organizations | $15.25 | $183.00 |
## Senior Discount
Fee with Full Discount Applied $137.25
A property owner who is 65 years of age and who meets the additional grant eligibility requirements as defined in the Home Owner Grant Act, shall also receive a 25% discount on all or any portion of the current annual billing if paid by the annual due date.
## WATER FEES AND CHARGES
## PER BYLAW #519-18
## Metered Users
Water Users with a metered service shall be charged for water measured by water meter in any one month as follows:
Residential:
$0.45 per cubic meter or part thereof computed to the nearest 5 cents with a minimum charge of $15.25 per month.
Commercial:
$0.45 per cubic meter or part thereof computed to the nearest 5 cents with a minimum charge of $15.25 per month.
Industrial:
$0.45 per cubic meter or part thereof computed to the nearest 5 cents with a minimum charge of $15.25 per month.
## Penalties
1. Where a consumer has been notified in writing that section 4.1 of Bylaw #519-18 applies to the property, and fails to install a water meter within 60 days of that notice being delivered, the applicable fee set out in this Schedule shall be increased
- a) In relation to a residential property, by $15.25 per month; and
- b) In relation to a commercial or industrial property, by $15.25 per month, from the end of the 60 day period until the meter has been installed.
2. Non-metered water users will be assessed a penalty of 10% on all water user fees which are not paid by the annual due date in the year invoiced.
3. Metered water users with water user fees that are thirty (30) days past due at December 31st will be assessed a penalty of 10% on the amount outstanding.
## Termination of Service
Pursuant to a submitted Water Service Application form, set out in Schedule "B" attached to and forming part of this bylaw, from an owner or occupier or decision by the Village to discontinue water service, the following fees shall apply:
Disconnection Fee:
Reconnection Fee:
$50.00
$50.00
## SCHEDULE "B"
## ATTACHED TO AND FORMING PART OF
## BYLAW #519-18
## WATER SERVICE APPLICATION
Application for the Connection of water from the Village of Zeballos Municipal Waterworks System
or
Application for the Disconnection of water from the Village of Zeballos Municipal Waterworks System or Water Turn On/Turn Off
INe\_ for a , (Owner) hereby make application \_, to the following property;
(full legal description)
Folio Number:
I/we agree to abide by the terms and conditions as established by #519-18 regulating the supply and use of the Municipal Waterworks System.
Applicant Signature
Date Received
Village of Zeballos
Routing: PW Foreman Mayor & Council CAO