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CORPORATION OF THE TOWN OFAMHERSTBURG
BY-LAW No. 2014-08
A BY-LAW TO REGULATE THE SUPPLY OF WATER IN THE
TOWN OF AMHERSTBURG
WHEREAS the Municipal Act, 2001, S.O. 2001, C. 25, as amended provides
that municipalities may acquire, establish, maintain and operate water works;
AND WHEREAS the Municipal Act 2001 provides that By-laws may be passed
by the council for the maintenance and management of water works;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN
OF AMHERSTBURG ENACTS AS FOLLOWS:
TABLE OF CONTENTS
SECTIONTOPIC
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
9.0
10.0
11.0
12.0
13.0
14.0
1.0 DEFINITIONS
In this By-law:
DEFINITIONS
APPLICATION FOR WATER SERVICE
WATER RATES AND CHARGES
SECURITY DEPOSITS
WATER SYSTEM OPERATION
WATER SERVICES
WATER METERS
HYDRANTS
EXTERNAL USE OF WATER
PROHIBITIONS
ENFORCEMENT
USER FEES
REPEALS
EFFECTIVE DATE
PAGE
1
3
3
4
5
5
7
10
11
11
12
12
12
13
1 .1
"Building" shall have the same meaning as set out in the Building Code
Act, S.O. 1992, c. 23, as·amended, or any successor thereof;
1.2
"Bulk Water User" shall mean any customer who draws water from a pipe
located at the Town's Bulk Water Stations;
1.3
"Contractor" shall mean a person, partnership, or corporation who
contracts to undertake the execution of work commissioned by the owner
or the Town to install or maintain mains, services, hydrants and other
appurtenances;
1.4
"Cross Connection" shall mean any· temporary, permanent or potential
water connection that may allow backflow of contaminants, pollutants,
infectious agents, other material or substance that will change the water
quality in the water works distribution system and includes swivel or
changeover devices, removable sections, jumper connections and bypass
arrangements;
1.5
"Customer'' shall mean any person who receives, directly or indirectly, the
benefit of water or water related services, whether by contract, verbal or
written, or otherwise, supplied by the Town.
1
2.0 APPLICATION FOR WATER SERVICE 3
1.6
"Developer" shall mean the owner or party specifically named in a
Development Agreement or in a Subdivision Agreement;
1 . 7
"Director of Engineering & Public Works" means the Director of
Engineering & P~blic Works for the Town of Amherstburg or his or her
designate.
1 .8
"External Use of Water'' shall mean the use of water for any purpose
outside the walls of any building located at a municipal address;
1.9
"Main" shall mean every water pipe, except services and portions of
private mains as herein defined, installed on the public road allowance or
on any other land upon which the Town has obtained easements;
1.10 "Meter" shall mean the water meter supplied and owned by the Town to
measure the quantity of water used by the customer;
1.11
"Meter pit" shall mean any exterior chamber or pit approved by the Town
for the purpose of containing water meter;
1.12 "Municipal address" shall mean a building or buildings identified by a
number pursuant to the Town's "911 Emergency Numbering System";
1.13 "Occupant" shall include any lessee, tenant, owner, the agent of a lessee,
tenant or owner, or any person in possession of a premise;
1.14 "Owner" shall mean any person who is the registered owner of, · has a
beneficial interest in, or is the agent of such persons in respect of real
property, including land, building and fixtures, located in the Town.
1.15 "Person" shall mean any individual, individuals, partnership, corporation,
trustee, attorney, guardian, estate trustee, successor, assign, receiver,
trustee or other legal entity.
1.16 "Plumbing System" shall mean the system of connected piping, fittings,
valves, equipment, fixtures and appurtenances contained in plumbing that
begins, is located and is connected immediately after the meter;
1.17 "Potable water'' shall mean water that is fit for human consumption;
1.18 -premises" shall mean any house, tenement, building, lot, or part of a lot,
or both, in, through, or past which water service pipes run;
1.19 "Private main" shall mean a pipe connected to a main and installed on
private property and from which more than one service and/or hydrant
lateral are connected;
1.20
11Remote read-out unit" shall mean the device installed at a separate
location from the water meter and used to record the consumption reading
of the meter;
1.21
"Sanitary sewer service area" .shall mean the area in the municipality
receiving sanitary sewer service as determined from time to time;
1.22 "Seasonal Dwelling"; shall mean a dwelling with continuous unoccupancy
of thirty days or more during any one year period.
1.23 "Service Extension" shall mean the portion of a water service pipe from
the property line to the dwelling or building, or for a fire service to the
inside of the exterior wall of a structure, i.e. an extension of a service. stub;
2
1 .7 "Director of Engineering and Public Works" means the Director of Engineering and Public
Works for the Town of Amherstburg or his or her designate.
1.24 "Service stub" shall mean the portion of a water service pipe from the
watermain to the property line which will always include one control valve;
1.25 "Sewer charges-- shall mean the component of the water bill pertaining to
charges for sanitary sewers in the sanitary sewer service area, as
determined from time to time;
1.26 "Shut-off valve" shall mean the valve on the water service or private main
owned and used by the Town to shut off or tum on the water supply from
the Town's water works distribution system to any premises;
1.27 "Single detached residence" shall mean a single dwelling which is
freestanding, separate and detached from other main buildings or main
structures, including a split level dwelling, but does not include a mobile
home;
1.28 "Sub divider'' shall mean the owner or party specifically named in a
Subdivision Agreement;
1.29 "Town" means the Corporation of The Town of Amherstburg;
1.30 "Water'' shall mean potable water supplied by the Town;
1.31
"Water distribution system" shall mean mains with connections to feeder
mains, feeder mains within subdivision lands, private mains, services, fire
hydrants, and shut-off valves and all other appurtenances thereto;
1.32 "Water related services" shall include but not be limited to those items set
out in the User Fee By-law 2011-50;
1.33 "Water service pipe" shall mean the pipe and fittings that convey potable
water from a connection on a main or private main to the meter location,
or, for a fire service, to the inside of the exterior wall of a structure;
1 .34 "Water works'- shall mean any works for the collection, production,
treatment, storage, supply and distribution of water, or any part of any
such works, but does not include plumbing to which the Building Code Act,
or any amendments thereto apply.
2.0 APPLICATION FOR WATER SERVICE
2.1 Application and payment prior to installation
2.1 Application and payment prior to installation2.1 Application and payment prior to installation2.1 Application and payment prior to installation
The owner or their agent shall apply to the Town for a water service and
before the service is installed, shall submit an application for Water
Permit/Connection/Meter (on
the
form
provided
by the
Building
Department) and pay for it at the rates as outlined in the, Town's User Fee
By-law or on such other basis as the Town may at any time or from time to
time determine.
2.2 Installation - payment required
2.2 Installation - payment required2 .2 Installation - payment required
The installation of the water service will not be scheduled or commenced
in any way until the application and payment have been made.
2.3
Disconnection and removal of service - payment2.3 Disconnection and removal of service - payment2.3 Disconne ction and removal of service - payment
When an owner discontinues the use of a water service for water supply to
any premises, the owner shall pay to the Town a charge as shown in the
Town's User Fee By-law for disconnecting and removing the water service
3
from the water distribution system. If the owner wishes to reconnect in the
future all application costs will be applied as outlined in Part 2.1.
2.4
Payment of rates - lump sum 2.4 Payment of rates - lump sum2.4 Payment of rates - lump sum
The payment of the rates as stipulated in Part 2.1 and 2.3 shall be paid as
a lump sum.
3.0 WATER RATES AND CHARGES
3.1 Application for water supply
3.1 Application for water supply3.1 Application for water supply
Before the initial supply of water or any subsequent reconnection to any
premises the Town supplies water to, the owner shall make application for
the same, and the owner shall be governed by the requirements of this
By-law.
3.2
Water measured by meters
The water consumed on all premises the Town supplies water to shall be
charged for as indicated by the meter on each respective property at rates
shown in the current By-law for fixing rates for the supply of water. In
addition, sewage charges shall be as per the current By-law for fixing
rates for the collection and treatment of wastewater and shall be included
and considered as part of a water bill.
3.3
Meter reading and billing
Water meters may be read and accounts be rendered monthly, bi-monthly,
quarterly or on any other basis at the absolute discretion of the Town. The
bill shall be deemed to be served upon the customer if it is delivered or
sent by mail to the premises supplied.
3.4
Late payment charges and reminder notice
When an account is not paid by the due date stated on the bill, a late
payment charge of 1.5% of the outstanding balance will be assessed to
the account. A reminder notice will be printed and sent to the premise
approximately 10 days after the due date.
3.5
Additional charges and notices
If the customer has not provided payment to the Town by the next billing
cycle an additional 1.5% charge per month (of the outstanding balance)
shall be applied to the account and a second reminder notice will be
delivered to the customer.
3.6
Non-payment
After two (2) consecutive billing cycles, if the account, including all
charges and monies payable to the Town under this Bylaw, remains
unpaid, in full or in part, the Town may, in its absolute discretion and in
addition to any other remedies in law or equity, shut off or reduce the flow
of the water to the premises. The amount of the unpaid account and any
further charges shall be a special lien on the property to which the water
or the water related services were supplied by the Town and may be
collected in the same manner as taxes in accordance with the provisions
of the Municipal Act, 2001 as amended. Monthly base charges shall
continue to be applied to the account after the date on which the water
supply has been shut off or reduced due .to non-payment."
4
3.7 Monthly base charge
3.7 Monthly base charge3.7 Monthly base charge
The monthly base charge for providing and maintaining water supply to a
property is applicable for every water meter owned and read by the Town.
In instances where a premise is rented to an occupant, who has obtained
an account with the Town, base charges will be applied to the occupants
account until such time as the occupant terminates that account with the
Town. Subsequent monthly base charges shall be rendered to the owner
of the premises until such time as a new occupant applies to the Town for
the supply of water. Seasonal dwellings shall be charged the monthly
base charge while the dwelling is unoccupied for the off season regardless
if the water supply has been shut off within the premise or at the property
line.
3.8
Service installation charge
A frontage fee, as outlined in the Town's User Fee By-law or on such
other basis as the Town may at any time or from time to time determine,
shall be collected for all new services being installed on watermains where
the debt has been retired. Further, all water service pipes, except those to
lands being developed under a Town development or subdivision
agreement wherein the main is installed, may be installed on an actual
cost basis at the owner9s expense.
4.0 SECURITY DEPOSITS
4.1
Deposit is security for payment
Whenever an application is made to the Town for a supply of water, the
Town may, in its discretion, before furnishing such supply, require the
customer to make a deposit' of such sum of money, as it may consider
advisable. Each such deposit shall be security for payment for all water
passing through the meter of the service in respect to which such deposit
was made until the customer shall have notified the Town in writing to
discontinue such service.
4.2
Deposit applied as payment
Where a deposit has been made pursuant to section 4.1 of this By-law,
and the water supplied to the customer has not been paid for on demand
as may be provided by the Town's By-laws and regulations, then the
deposit, or as much of it as shall be necessary, shall be applied in
payment for such water and incurred interest, and the water service shall
be discontinued until further monies have been paid to the Town sufficient
to again bring up the deposit to the amount required.
5.0 WATER SYSTEM OPERATION
5.1
Conditions on water supply
The Town agrees to use reasonable diligence in providing a regular and
uninterrupted supply and quality of water, but does not guarantee a
constant service or the maintenance of unvaried pressure or quality or
supply of water and is not liable for damages to the customer caused by
breaking of any water service pipe or attachment, or for shutting off water
to repair mains or to tap mains, if reasonable notice of the intention to shut
off the water is given except in emergency situations where notice may not
be feasible. The Town is not liable for damages caused by the interruption
or reduction of the supply of water to the land of any person as a result of
an emergency, breakdown or repair of the waterline.
5
5.2
Authority for water supply
The Town in its own right shall have the sole responsibility, authority,
power and capacity to construct, maintain and operate all water works
plant and equipment within its boundaries serving the Town of
Amherstburg, in order to establish whether and the terms upon which,
municipalities or persons outside the Town of Amherstburg may be
allowed to connect to the said water works as consumers, and the rates to
be charged for water delivered to such consumers; and the Town as
Administering Municipality, acting on behalf of all other Water Supply
Systems that service the Town, shall have the sole responsibility,
authority, _power and capacity to construct, maintain and operate all water
works equipment in conjunction with these systems, in order to establish
whether and the terms upon which municipalities or persons outside the
Town of Amherstburg may be allowed to connect to the said water works
as consumers, and the .rates to be charged for water delivering to such
consumers.
5.3
Unauthorized operation on fire hydrants
No person other than a person authorized by the Town for that purpose
shall be permitted to open· or otherwise interfere with or operate or take
water from any fire hydrant.
5.4
Unauthorized operation or interference
No person other than a person authorized by the Town for that purpose
shall open or close a valve in the waterworks distribution system, or
remove, tamper with or in any way interfere with any valve, water meter,
structure, water main or water service in the water works distribution
system.
5.5
Improper use of water from fire ~ervice
Any water supplied or made available for any land or building for purposes
of protection of property or persons from fire or for preventing fires or the
spreading of fires shall not be used for any other purpose ..
6.0 WATER SERVICES
6.1
Installation of water services by Town or by contractor
All water service pipes shall be installed by the Town or by contractors
engaged by the owner for the purposes of such installation, except in new
land development projects where agreements with the Town require the
developer or subdivider to complete such work.
6.2
Installation to Town specifications - Ontario Building Code
requirements
All water service pipes and private mains located within Town property
shall be constructed according to the Town's Specifications for
Construction of Watermains ·as approved by the Director of Engineering
and Public Works. All water service pipes and private mains located on
private property shall also be constructed in accordance with the Town's
Developrl!ent Manual and the Ontario Building Code.
6.3·
Connection to main· prior application
6
The installation of the water service pipe connection will not be scheduled
or commenced in any way until the customer has met the requirements of
this bylaw.
6.4
Installation and alteration
For any new water service pipe or private main installation, or alteration of
existing water service pipes or private mains, the owner must apply for
approval from . the Town for such work as specified in the Town's
Development manual.
6.5
Installation inspection by Town
All water service pipes and appurtenances installed, including those
required by a Town subdivision or Development Agreement, must be
inspected by the Town as specified in the Town's Development manual.
6.6
Installation - access for Inspection
The Town and persons authorized by the Town for inspection shall be ~ at
all times, entitled to enter any lands for the purposes of examining pipes,
connections and fixtures which are used in connection with the water
service pipe and/or service main.
6. 7
Disconnection of service
The water service pipe must be disconnected at the watermain, the
corporation stop turned to a closed position and the curb box and rod
removed at the owner's expense. The Town of Amherstburg must inspect
all work.
6.8
Maintenance of service stub
The water service stub from the watermain to the property line shall be
maintained by the Town at the Town's expense.
6.9
Maintenance of service extension and private main
Any and all defects to the water service extension or private main shall be
repaired by the owner of the property being serviced. Should the Town
become aware of any such defect, and . upon written notification to the
owner, the said defect is not repaired, within ten (10) days of the date of
the notification or within such time as the Town may deem necessary,
then the Town may tum off the water supply to the property. If it is not
feasible for the supply of water to be shut off, then the Town may repair
the defective water service pipe and charge the cost to the owner. Until
paid, such cost shall remain a special lien on such property, and may also
be collected in the like manner as taxes. The Town shall not be held
responsible for the cost of restoration.
6.10 Operation of shut-off valve
No person, other than persons authorized by the Town for that purpose
shall be permitted to operate the shut-off valve on the property line to any
premises.
6.11
Access to shut off valves
7
All shut-off valves must.be left clear and accessible at all times so that the
water in the water service pipe and private mains my be turned off or on
as may be found necessary by the Town.
6.12 Protection from water loss, damage
All water service extensions to and including the meter, as well as any
water pipes beyond the meter on the property, shall be properly protected
from frost and_ any other damage at the expense and risk of the owner of
the property being serviced. The owner shall be responsible for the water
loss occasioned by a leak in the water service extension and/or private
main and the charge for such water loss shall be as determined by the
Town in accordance with the applicable rates from time to time. This shall
include sewage charges at all times for any customers in the sanitary
sewer service area where sewer charges are applicable, which shall be
paid by the owner upon demand by the Town. The Town shall not be held
responsible for any damages arising from such leakage.
6.13 Vacant and unheated premises
When. any premises is left vacant or without heat, it is the owner's
responsibility to shut off the water supply from within the premises and to
drain the piping therein. The owner or occupant may contact the Town to
have the shut-off valve turned off to stop water supply. The valve will be
turned ~n only at the owner's request and in the owner's presence.
6.14 Water damage
When any premises left vacant, unattended and/or without heat, where the
water supply has not been shut off, suffers damage to it and its contents
from a leaking or burst water pipe, the owner or the occupant shall have
no claim against the Town. Should the Town become aware of such
leaking or burst pipes, the Town shall tum off the shut-off valve, and the
water supply shall not be turned on until the Town, in its discretion,
considers it advisable. The Town may direct any person to install such
devices or make such repairs or alterations to the pipes or appurtenances
not under the control of the Town, where the Town deems it necessary to
prevent contamination to the water supply or to prevent damage to the
property of the Town or any other person. The failure or·refusal of the
person to comply with the direction of the Town shall be an offence and
may be enforced in accordance with the provisions of this Bylaw. In
addition, the Town may enter onto the property and install such device or
make such repairs or alterations to .prevent further contamination to the
water supply or to prevent damage to the property of the Town or any
other person, and the cost thereof shall be a special lien .in respect of the
property.
6.15
Frozen pipes
Thawing out frozen water service stubs on the municipal right of way shall
be the Town's responsibility. Thawing out frozen service extensions and
private mains shall be the owner's responsibility.
6.16 Repairs and investigation
In all instances where there is a leak, frozen pipes or other damage to the
water pipes on private property, including sprinkler systems, it is the
responsibility of the owner to arrange, at the owners expense, for the
necessary investigation and repairs. Where any employee of the Town
assists the owner in any of these matters on the owner's property, all such
assistance work will be considered to be at the owner's risk, and the
owner shall have no claim against the Town by reason of such work.
8
6.17 Renewal of service
The Town shall renew service stubs on public property at its expense and
to its specifications when:
a) Piping is deemed by the Town to be beyond repair;
b) The existing pipe material is lead and supplies a single detached
residence provided the owner is prepared to replace the service extension
before the Town replaces the service stub. Replacement piping shall
conform to the specifications of the Town. Replacement pipe shall be the
same size as existing or the minimum size for the area. If an owner
requests a larger size, the owner shall pay the difference in material costs.
6.18 Access for removal or inspection of water service
Where the customer discontinues the use of the water service, or the
Town lawfully refuses to continue to supply it, the Town may, at all
reasonable times, enter the lands in or upon which the customer was
supplied with the water service, for the purpose of cutting off the supply of
the water service or of making an inspection from time to time to
determine whether the water service has been or is being unlawfully used
or ·for the purpose of removing therefrom any fittings, machines,
apparatus, meters, pipe$ or other things being the property of the Town in
or upon the lands, and may remove the same therefrom, doing no
unnecessary damage.
6.19 Connections
Any connections (3/4" - 2" diameter) to existing water mains are required
to be made by the Town. Any'connections larger than 2" diameter shall
be made by a qualified contractor approved and inspected by the Town.
7.0 WATER METERS
7 .1
Water to be metered
All water used on premises in which the Town of Amherstburg supplies
water, except water used for fire fighting purposes, or wat~r authorized by
the Town, for construction or other purposes, shall pass through the meter
supplied by the Town for use upon such premises, and in addition to
whatever other remedies the Town may have by law in respect to
infringement of this By-law, the Town may, upon ascertaining that water
has been used which has not passed through the meter of such premises,
forthwith, without notice, shut off and stop the supply of water.
7.2
Supply, installation, ownership and replacement
The owner shall pay the water meter fee shown in the Town's User Fees
By-law before the Town will supply the owner with a meter and the meter
must be installed prior to occupancy of the building. The meter shall
remain the exclusive property of the Town and may be removed as and
when the Town may see fit, upon the same being replaced by another
meter, or for any reason, which the Town may, in its discretion, deem
sufficient.
7.3
Installation, maintenance, repair and access
The Town may shut off or restrict the supply of water to a property if the
Town requires access to the property to install, replace, repair or inspect a
9
The Town shall renew service stubs on public property at its expense and to its specifications when:
water meter. Any person authorized by the Town for that purpose has
free access, at all reasonable times, and upon notice given as set out in
section 7.4 of this By-law, to all parts of every building or other premises to
which any water service is supplied for the purpose of inspecting- or
repairing, or of altering or disconnecting, within or without the building, or
for placing meters upon any water service pipe or connection within or
without the building as they considers expedient and for that purpose or
for the purpose of protecting or regulating the use of the meter, may set it
or alter the position of it.
7 .4
Notice required
Before shutting off or restricting the supply of water, except for emergency
purposes, the Town shall,
a)
By personal service or by registered mail, serve the owners and
occupants of the property as shown on the last returned assessment roll
of the Town with a. notice of the date upon which the Town intends to shut
off or restrict the supply of water if access to the property is not obtained
before that date; or
b) Ensure that a copy of the notice described in clause (a) is securely
attached to the property in a conspicuous place.
·
7 .5
No shut-off, reasonable eff~rt-gain access
The Town shall not shut off or restrict the supply of water unless it has
made reasonable efforts to contact t'1e owners and occupants and has
been unable to get a response within seven (7) days after the later of,
a) The day the last notice under part (a) of section 7.4 of this By-law was
personally served;
b) The day the last notice under part (a) of section 7.4 of this By-law was
mailed; and;
c) The day a copy of the notice was attached under part (b) of section 7.4
of this By-law.
7.6
Restoration of water supply
If the Town has shut off or restricted the supply of water under section 7.3
of this By-law, the Town shall restore the supply of water as soon as
practicable after obtaining access to the property.
7.7
Metering of every building
Every separate property to which water is being supplied shall be
furnished with a separate water meter, supplied by the Town except where
non-compliance is acceptable to the Town. Additional water meters, if
supplied by the Town, may only be installed at the discretion of the Town.
7 .8
Installation to Town specifications
All water meters, supplied by the Town, shall be installed to conform to the
specifications of the Town.
7. 9
Meter location
10
The location of a meter, when once installed to the specifications of the
Town, shall not be changed by any person except with the consent of the
Town.
7 .10
Private meters
The Town will not supply, install, inspect or read private water meters, nor
will the Town bill consumption on private water meters. Water supply
pipes t9 private meters must be connected to the owner's plumbing after
the Town's meter.
7 .11
Reading meters
The Town and persons authorized by the Town for that purpose shall be
allowed access to the premises and be provided free and clear access to
the meter where water is being supplied at all, reasonable times for the
purpose of reading, at the discretion of the Town. Where such access to
the premises and/or free and clear access to a meter is not provided by
the occupant within seven (7) days upon written notification by the Town,
the Town may, at its discretion, shut off the supply of water ~o the
premises until such time as free and clear access to the water meter is
provided.
7 .12
Meter valve maintenance
The owner shall supply and install the inlet valve to the water meter. The
owner shall be responsible for maintaining in good working order, the inlet
valve to the meter and shall ensure that such valving is accessible.
7 .13 Reporting leaks
Any leaks that may develop at the water meter or its couplings must be
reported immediately to the Town. The Town is not liable for damages
caused by such leaks.
7 .14
Interference with meter
No person, except a person authorized by the Town for that purpose, shall
be pennitted to open, or in any way whatsoever to tamper with any water
meter, or with the seals placed thereon, or do any manner of thing, which
may interfere with the proper registration of the quantity of water passing
through such meter. Should any person change, tamper with or otherwise
interfere, in any way whatsoever, with any water meter placed in any
building, the Town may forthwith, without any notice, shut off the water
from such building or premises, and the water shall not be again turned on
to such building or premises without the express consent of the Town.
7 .1 5
Owner responsible to repair piping
If, in the opinion of the Town, the condition of the water service pipe
and/or valves and of the plumbing system on such piping is such that the
meter cannot be safely removed for the purpose of testing, replacing,
repairing or testing in place without fear of damage to the water service
pip~ and valves, the Town may require the owner or occupant to make
such repairs as may be deemed necessary to facilitate the removal or
testing of the meter. If, upon notification, the owner does not comply with
the Town's request, then the water supply to the property may be turned
off at the shut-off valve during removal, replacement, repair and testing of
the meter and the Town shall not be held responsible for any damages to
the owner's property arising from such work.
7.16
Non-functioning meter
11
7.15 Owner responsible to repair piping
If, for any cause, any meter should be found, to not be working properly,
then the amount of water to be charged for shall be estimated on the
average reading for the previous months, when the meter was working
properly, and the charge for the water for the period during which tha
meter was not working properly shall be based thereon.
7.17 Meter testing for customer
Any customer may, upon written application to the Town, have the water
meter at his or her premises tested for accuracy of registration. Every
such application shall be accompanied by a deposit of the fee for testing
water meters as shown in the User Fee By-law 2011-50. If the meter is
found to register correctly, as per the Manufacturer's and AWWA
specifications, the customer's deposit shall be forfeited towards the cost of
the test. Any additional expense of removing and testing of the meter will
be paid for in full by the customer. If the meter is found, when tested to
register in excess of .the, Manufacturer's and AWWA specifications, a
refund will be made to' the customer equal to such excess percentage of
the amount of the account for the period of four (4) months prior to such
·testing of the meter, plus the customer's deposit for test.
7.18
Meter reading supersedes remote device reading
Where the water meter is equipped with a remote read-out unit of any type
and a discrepancy occurs between the reading at the register of the water
meter itself and the reading on the read-out device, the Town will consider
the reading at the meter to be correct, and will adjust and correct the
customer's account accordingly.
8.0 HYDRANTS
8.1
Any hydrant situated within the road allowance is the property of the Town
and shall be maintained by the Town. The Town shall maintain any Town-
owned hydrants located on private property. Hydrants owned and paid for
by any persons other than the Town and located on private property shall
be maintained by such persons.
8.2
No person shall connect, cause to be connected, or allow to remain
connected, any piping, fixture, fitting, container or appliance to a
Municipally Owned or Privately Owned Fire Hydrant in a manner which,
under any circumstances, may allow water, wastewater or any liquid or
substance of any kind to enter the Municipality's water supply system.
8.3
No person shall in any way interfere with any Municipally Owned or
Privately Owned Fire Hydrant, valve or appurtenance.
8.4
No person shall draw water from a Municipally Owned Fi~e Hydrant except
for fire fighting purposes or for Municipal approved maintenance or
operations, without first acquiring permission from the Town.
8.5
No person shall draw water from a Privately Owned Fire Hydrant except
for fire fighting purposes or for Municipal approved maintenance or
operation, without first acquiring permission from the Town and Owner.
8.6
Any person or persons authorized under Section 8.3 or Section 8.4 shall:
a) have a Backflow Preventer Assembly (BPA) unit, provided by the Town
along with a hydrant valve, in their possession and connected to the
Fire Hydrant when the Fire Hydrant is in use; and
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b) Pay to the Town a Hydrant Valve installation and removal fee, as set
outlined in the Fire Hydrant Meter with Backflow Preventer rental form.
8.7
Any person or persons authorized under Section 8.3 or Section 8.4 shall
be trained in the proper operation of a Fire Hydrant and must have the
necessary equipment and control valves to operate the Fire Hydrant, to
the satisfaction of the Town.
8.8
No person shall obstruct the free access to any Fire Hydrant by placing on
it or close to it building materials, earth, snow, rubbish or any other
obstructive matter, nor shall any person cause a hydrant to be concealed
from view by any type of building, shrubbery or other object.
8.9
No person shall park an automobile, truck or vehicle of any description
within a distance of three metres of any Fire Hydrant, measured along the
curb line or along the shoulder of the roadway immediately adjacent to the
Fire Hydran~.
Municipal Hydrants:
8.10 Any Fire Hydrant situated within the road allowance is the property of the
Municipality and shall be maintained by the Town.
8.11
All Municipally Owned Fire Hydrants shall be installed and maintained
according to:
a) The Fire Code (0.Reg. 213/07), and
b) The Building Code Act; and
c) The Rules and Regulations of the Town.
Private Hydrants:
8.12 All Privately Owned· Fire Hydrants are the responsibility of the property
owner and every owner of property shall ensure that all Privately Owned
Fire Hydrants are installed and maintained according to:
a) The Fire Code (0.Reg. 213/07), and
b) The Building Code Act ; and
c) NFPA 24 -
Installation of Private Fire Service Mains and Their
Appurtenances.
8.13 Every owner of property shall ensure that the installation, location, and
orientation of a Privately Owned Fire Hydrant is approved by the Town
with due regard to access and proximity to site structures. All i'nstallations
found to be contrary to the Town's approved location and orientation shall
be corrected by the owner within 30 days of being so informed by the
Town, with all costs for correction to be paid by the owner.
8.14 Every owner of property of which a Private Fire Hydrant is installed, shall
ensure all written records of tests and corrective measures are kept for
two years they are completed, and the records shall be available upon
request to the Town.
8.15 The Town shall attend the site of privately owned Fire Hydrants on a
yearly basis (before the winter months) to ensure hydrants are dry. The
Town may flush the Private Lateral from the watermain to the Fire Hydrant
for the purpose of maintaining water quality. The Town in no way will be
held responsible for damage to the Fire Hydrant or Private Lateral from its
winterizing inspection.
9.0 EXTERNAL USE OF WATER
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9.1
Regulations
For the purpose of limiting the consumption of water as necessary:
The Town is authorized to implement at any time any regulation, notice or
By-law which, in the Town's discretion, considers advisable to limit the
external use of water, and this authority includes the right to ban
completely the external use of water.
a) Notice of the implementation of a water use regulation or By-law by the
Town and the effective date thereof shall be given immediately in a
manner determined by the person designated by the Town to perform this
function;
b) Upon the effective date of the implementation of a water use regulation
or By-law by the Town, no person shall use water except in accordance
with the provisions of su·ch regulation.
10.0 PROHIBITIONS
10.1
Prohibitions under this By-law
No person or persons shall at any time:
a) Wilfully hinder or interrupt, or cause or procure to be hindered or
interrupted, the Town or any of its officers, contractors, agents, servants or
workers, in the exercise of any of the power conferred by this By-law;
b) Wilfully let off or discharge water so that the water runs waste or
useless out of the works;
c) Being a customer, tenant, or occupant of any house, building or other
place supplied with water from the waterworks, improperly waste the water
or, without the consent of the town, lend, sell, or dispose of the water, give
it away, use or apply it to the use or benefit of another, or to any use and
benefit other than his own or increase the supply of water agreed for;
d) Without lawful authority wilfully open or close any hydrant, or obstruct
the free access to any hydrant, stopcock, valve, chamber or pipe by
placing on it any building material, rubbish or other obstruction;
e) Throw or deposit any injurious or offensive matter into the water or
waterworks, or upon the ice if the water is frozen, or in any way foul the
water or commit any wilful damage or injury to the works, pipes or water,
or encourage the same to be done;
f) Wilfully alter any meter placed upon any service pipe or connected
therewith, within or without any building or other place, so as to lessen or
alter the amount of water registered; or
g) Lay or cause to be laid any pipe or main to connect with any pipe or
main of the waterworks, or in any way obtain or use the water without the
'-
consent of the Town;
h) Use water externally except in accordance with any regulations or By-
laws set out by the Town.
11.0 ENFORCEMENT
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11.1 Fine - for contravention
Every person who contravenes any section of the by-law is, upon
conviction, guilty of an offence and shall be liable to a fine as provided for
by the Provincial Offences Act, R.S.O. 1990, c.P. 33, as amended, and be
subjected to any other penalties permitted by law for each offence. Each
day such violation continues, shall constitute a separate offence and may
be punishable as such.
11 .2 Continuation-repetition
In the case of an offence that is of a continuing nature, a contravention
constitutes a separate offence in respect of each day, or part of a day, on
which the offence continues and any person guilty of such an offence is
liable to a fine in an amount of not less than that established by this by~law
for each such day.
11 .3 Any part - declared invalid - rest in fu·n force
Where a court of competent jurisdiction declares any section, schedules or
part of a section or schedule of this by-law invalid, the remainder of this
by-law shall continue in force unless the court makes an order to the
contrary.
11.4 Any variance - more restrictive - shall apply
When any requirement of this by-law is at variance with any other by-law
in effect in the Town or with any applicable provincial or fe<;ieral statute or
regulation, the more restrictive requirement shall apply unless otherwise
stated in such legislation.
11 .5
Damage to waterworks
No person shall, by act, default, neglect or omission occasions any loss,
damage or injury to any water public utility works, or to any waterworks
plant, machinery, fitting or appurtenance thereof is guilty of an offence and
is liable to the Town therefore.
11 .6 Willful damage to waterworks
No person shall wilfully or maliciously damage or causes or knowingly
suffers to be damaged any water meter, water service pipe, co_nduit, wire,
rod or water fitting belonging to the Town or wilfully impairs or knowingly
suffers the same to be altered or impaired, so that the water meter
indicates less than the actual amount of the water that passes through it,
is guilty of an offence and on conviction is liable to a fine, to the use of the
Town, and for any expenses of repairing or replacing the water meter,
water service pipe, conduit, wire, rod or fitting and double the value of the
surplus water so consumed, all of which is recoverable under the
Provincial Offences Act.
11 . 7
Injuring waterworks
No person shall wilfully remove, destroy, damage, fraudulently alter or in
any way injures any water service pipe, conduit, wire, rod, pedestal, post,
plug, or other apparatus or thing belonging to the Town is guilty of an
offence and on conviction is liable to a fine, to the use of the Town, and is
also liable for all damages occasioned thereby, which are recoverable
under the Provincial Offences Act.
12.0 USER FEES
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11.1 Fine - for contravention
11.2 Continuation-repetition
11.3 Any part declared invalid - rest in full force
11.4 Any variance - more restrictive - shall apply
11.5 Damage to waterworks
11.6 Willful damage to waterworks
11.7 Injuring waterworks
12.1
As Schedule "A" and found in User Fee By-law 2011-50
13.0 REPEALS
Any previous By-laws of the Town of Amherstburg or the former
municipalities of or the Townships of Malden & Anderdon that deal with
the same subject matter are hereby repealed.
14.0 EFFECTIVE DATE
Effective Date: As noted above
This By-law comes into force on FEBRUARY 3rd, 2014.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
3RD DAY OF FEBRUARY, 2014.
Clerk, Brenda Percy
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Mayor, Wayne Hurst
SCHEDULE "A"
(Fees to be added to the User Fee By-Law)
Description of Fee for Service
2014 Fee
Frontage Fee for New Water Connection (where debt has been retired)
$2,000.00
Water Meter Fee
*" Permit/ Water Meter Fee
1" Permit/ Water Meter Fee
1 }'2" Permit/ Water Meter Fee
2" Permit/ Water Meter Fee
Disconnection/ Removal of Water Service
Water Meter Testing for Customer
Hydrant Valve Installation & Removal Fee
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$380.00
$500.00
$870.00
$1,020.00
$2,000.00
$250.00
$125.00
Water Meter Fee
3/4" Permit/ Water Meter Fee
$380.00
$500.00
1 1/2" Permit/ Water Meter Fee