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BY-LAW No. 9-93
WHEREAS the Rural Municipality of Ritchot wishes to enact regulations controlling the
quantity of water discharged into its sewerage system;
AND WHEREAS The Municipal Act R.S.M. l988,c M225 authorizes the Rural
Municipality of Ritchot to enact by laws preventing, restricting, controlling and regulating the
discharge into any drain, sewer or sewerage system of any deleterious matter, substance or thing,
whether liquid or solid, that would damage any drain, sewer or sewerage system;
THEREFORE, the Municipal Council of the Rural Municipality of Ritchot enacts:
SECTION ONE
PURPOSE
1.1
The purpose of this By-Law is to protect the sewers, drains and sewerage
systems located within the Rural Municipality of Ritchot which are not
designed to accommodate water accumulated on property due to
precipitation, snow or ice melt or other cause and would be damaged
by the discharge of such water into those sewers, drains and sewerage
systems;
1.2
In order to achieve the purpose of this By-Law, the Rural Municipality
of Ritchot wishes to require the discharge of such accumulated water into
drainage ditches designed for that purpose and to prohibit the discharge
of such water into the drains, sewers and sewerage systems of the Rural
Municipality of Ritchot.
SECTION TWO
DEFINITIONS
"Assistant Development Officer" means the person appointed annually by By-Law of the Rural
Municipality of Ritchot as Assistant Development Officer for the Municipality and for the
McDonald-Ritchot Planning District.
"Council" means the Council of the Rural Municipality of Ritchot.
"Drainage System" means any system intended to divert or dispose of water accumulated due to
precipitation, melted snow, flooding, or other cause and includes eavestroughs and weeping tiles.
"Justice" means a judge of the Provincial Court of Manitoba or a judge of the Court of Queen's
Bench of Manitoba.
"Owner" means a person who is an owner of a freehold estate in real property and includes a
person who is the owner of such an estate jointly with another person, and a person who is
registered under The Condominium Act as the owner, as defined in that Act, of a unit under that
Act.
"Sewer System" means the drains, sewers, and sewerage system of the Rural Municipality of
Ritchot
SECTION THREE
DUTIES AND OBLIGATIONS OF OWNER
3.1
It is the duty of every owner to ensure that their property has a properly
designed, constructed and maintained drainage system and to ensure that
such drainage system discharges water and other material which it
accumulates in the proper manner as set out in this By-Law.
3.2
Every owner shall ensure that drainage systems located on or about their
property do not discharge into the sewer system of the Rural Municipality
of Ritchot.
By-Law No. 2-93 cont'd
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3.3
Every owner shall ensure that discharge from his/her drainage system does
not discharge onto or affect:
(a)
any neighbouring property; or
(b)
neighbouring or public sidewalks or stairs;
3.4
This By-Law shall only apply to drainage systems constructed or installed
after the date on which this By-Law comes into force.
SECTION FOUR
DRAINAGE DISCHARGE
4.1
All drainage systems located on or about a property shall discharge into
the drainage ditch closest to the property.
4.2
Every owner shall install a sump pump in or about their property to pump
discharge from any drainage system located on or about the property to
the drainage ditch located closest to their property.
4.3
A building permit shall not be issued unless the owner satisfies the
Assistant Development Officer that the drainage system which s/he intends
to install or construct meets the requirements of this By-Law. The Assistant
Development Officer may require the owner to provide such information,
including plans and specifications, as may be necessary to satisfy the
Assistant Development Officer.
SECTION FIVE
ENFORCEMENT
5.1
The Assistant Development Officer may, at all reasonable times, enter onto
any property for the purpose of enforcing this By-Law, including, but not
limited to, the inspection of any drainage system located on or about any
property and the posting of orders on property.
5.2
If the Assistant Development Officer, after having inspected any drainage
system is of the opinion that it does not meet the requirement of this By-
Law, s/he may make an order requiring an owner to comply with this By-
Law. A copy of this order must be served immediately upon the owner of
the property by registered mail directed to the address shown on the
assessment roll or by personal service. A copy of the order must also be
posted on the property.
5.3
If the Assistant Development Officer is unable to serve the order upon the
owner by registered mail or personal service, s/he may apply to the court
of Queen's Bench for an order of substitutional service.
5.4
The order requiring compliance shall include the following information:
(a)
the legal description and civic address of the property, the
name and address of the owner, and, if necessary, a
description of the property sufficient to identify it.
(b)
the nature of the offence and a description of the condition
requiring correction. The order may also contain suggestions
as to what action may be taken to correct the condition
(c)
the date by which the owner must correct the condition;
(d)
advising the owner that s/he must notify the Assistant
Development Officer, in writing, that the condition has been
corrected;
(e)
the date by which notice of an objection to the order must
be made;
(f)
advising the owner of the procedure for objecting to the
order;
By-Law 9-93 Page 3 cont'd
-3-
5.5
Where the Assistant Development Officer makes an order requiring an
owner to correct a condition which violates a By-Law, s/he shall give the
owner 30 days within which s/he must correct the condition.
5.6
Once the owner has corrected the condition identified in the order, s/he
must notify the Assistant Development Officer, in writing, that the
condition has been corrected. The Assistant Development Officer may then
inspect the drainage system to ensure that the condition has been properly
corrected.
5.7
The Assistant Development Officer may extend the 30 day time period
where s/he is satisfied that the owner has made reasonable efforts to
correct the condition, but cannot do so within the 30 day time period due
to technical difficulties, inability to obtain necessary materials or labour
or such other reason as the Assistant Development Officer may deem
acceptable.
5.8
An owner, or a person authorized in writing by the owner to act on his/her
behalf, may object to an order made by the Assistant Development Officer.
The owner must notify the Secretary-Treasurer, in writing, that s/he
objects
to the order of the Assistant Development Officer. A copy of the
order
must
accompany the notice of objection. The notice must also include
the
owner's
current address and phone number.
5.9
The Objection shall be considered by Council at a date and time set by the
Secretary-Treasurer and the owner shall be given at least three days notice
of the date and time of the hearing. The owner shall be notified that s/he
or his/her representative may be present at the hearing. If the owner or
his/her representative may be present at the hearing. If the owner of
his/her
representative does not attend, Council may proceed to consider the objection and
make a decision, in the absence of the owner.
5.10
The hearing shall be open to the public and any interested person or his/her
representative may make submissions to Council.
5.11
Council may adjourn the meeting and reconvene it at such other times as
it shall decide.
5.12
Council, after hearing the objection, may render a decision immediately
or after such period as it considers necessary. Council may:
(a)
affirm the order; or
(b)
rescind the order if it finds that the owner did not violate the by-
law; or
(c)
vary the order to meet the circumstances of the case, either by
extending the time required to correct the condition or such other
order as Council considers necessary or just.
5.13
The Secretary-Treasurer shall notify the owner of Council's decision, in
writing, by mailing a copy of the decision to the owner at the address
indicated on the notice of objection.,
5.14
Where the owner fails to comply with the order of Council within the time
specified by Council, Council may authorize and arrange for the correction
of the non-compliance at the expense of the owner. Where the owner does
not pay the cost of such work, the cost may be added to the tax roll and
collected in same manner as arrears in taxes.
5.15
Where the Assistant Development Officer observes that a drainage system
that has been completed and approved by the Designated Office, has been
By-Law 9-93 Page 4
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altered with the result that it does not comply with this By-Law, the
Assistant Development Officer shall report such alteration to Council.
5.16
Where Council has been advised of an alteration in a drainage system, it
may order the owner to comply with this By-Law and shall do so in the
same manner set out in Section 5.3 to 5.8 inclusive. The owner shall be
subject to the same procedure set out in Section 5.9 to 5.14 inclusive.
SECTION SIX
PENALTIES
6.l
Every person who fails to comply with an order made by the Assistant
Development Officer, Council or a decision of Council or who obstructs
or interferes with the Assistant Development Officer in the performance
of his/her duties under this By-Law, is guilty of an offence and is liable
on summary conviction:
(a)
if an individual, to a fine not exceeding $l000 or to
imprisonment for a term not exceeding six months or both;
or
(b)
if a corporation, to a fine not exceeding $5,000.
6.2
A separate offence shall exist for each day a person fails to comply with
an order of the Assistant Development Officer or a decision of Council.
6.3
Where a person accused of an offence was the owner of property on the
day that the order relating to that property was served and posted, it is not
a defense that s/he is no longer the owner of the property.
6.3
In addition to the penalty of fine and/or imprisonment, a Justice may
impose such terms and conditions as may be necessary and/or just in the
circumstances.
DONE AND PASSED by the Council of the Rural Municipality of Ritchot in Council assembled at
St. Adolphe, in the Province of Manitoba, this_6th_day of April A.D. l993.
Cyrille Durand
-------------------------------------------------------------
Reeve
Joseph Brodeur
-------------------------------------------------------------
Administrator
Read a first time this 2nd day of
March
A.D. l993.
Read a second time this 2nd
day of March
A.D. l993.
Read a third time this 6th day of
April
A.D. l993.