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By-law 2016-115
WATER AND WASTEWATER BILLING BY-LAW
A By-law of The Corporation of the City of Barrie to
authorize the billing and collection of water and
wastewater services for the City of Barrie and to
repeal By-law 2011-104, as amended.
Disclaimer:
The following consolidation is an electronic reproduction made available for
information only. It is not an official version of the By-law. The format may be
different, and plans, pictures, other graphics or text may be missing or altered. The
City of Barrie does not warrant the accuracy of this electronic version.
This consolidation cannot be distributed or used for commercial purposes. It may
be used for other purposes, only if this disclaimer is repeated as well as the notice
of copyright.
Official versions of all By-laws can be obtained by contacting the Legislative and
Court Services Department at [email protected] or by phone 705-739-4220 ext
5500.
This By-law printed under and by the
authority of the Council of the City of
Barrie
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Bill No. 095
BY-LAW NUMBER 2016-115
A By-law of The Corporation of the City of Barrie to authorize
the billing and collection of water and wastewater services for
the City of Barrie and to repeal By-law 2011-104, as amended.
WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, Section 8(1), provides that
Sections 8 and 10 shall be interpreted broadly so as to confer broad authority on municipalities
to (a) enable municipalities to govern their affairs as they consider appropriate and, (b)
enhance their ability to respond to municipal issues;
WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, Section 9, provides that a
municipality has the capacity, rights, powers and privileges of a natural person for the purpose
of exercising its authority under the Act;
AND WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, Section 10, provides that
a single tier municipality may pass by-laws respecting matters within the spheres of jurisdiction
set out therein, inter alia; public utilities;
AND WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 80, provides that
a municipality may at reasonable times enter on land to which it supplies a public utility, to
inspect, repair, alter or disconnect the service pipe, wire, machinery, equipment and other
works; to inspect, install, repair, replace or alter a public utility meter and for such purposes,
to shut off or reduce the supply of the public utility to the land; and, if a customer discontinues
the use of a public utility on land or the municipality lawfully decides to cease supplying the
public utility to land, to shut off the supply of the public utility; remove any property of the
municipality or determine whether the public utility has been or is being unlawfully used;
AND WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 81 provides that a
municipality may shut off the supply of a public utility to land if fees and charges payable by
the owners or occupants of the land for the supply of the public utility are overdue, subject to
the municipality providing reasonable notice of the proposed shut off to the owners and/or
occupants of the land by personal service or prepaid mail or posting the notice on the land in
a conspicuous place;
AND WHEREAS the City operates and maintains a municipal drinking water system and
wastewater system within its municipal boundaries;
AND WHEREAS the Council of the City deems it expedient to make certain rules and
regulations concerning the said drinking water system and wastewater system, in accordance with
the Municipal Act, 2001;
AND WHEREAS the Council of The Corporation of the City of Barrie adopted motion 16-
G- 272, the Council of the Corporation of the City of Barrie deems it expedient to pass a By-law to
govern billing and collection service for water and wastewater services.
NOW THEREFORE the Council of The Corporation of the City of Barrie hereby enacts the
following:
DEFINITIONS
1.0
For the purpose of this By-law:
a)
"Backflow Prevention By-Law'' shall mean the Backflow Prevention and Cross
Connection Control By-Law 2010-102 as amended.
b)
"City" shall mean The Corporation of the City of Barrie and its employees.
c)
"Class 1 - Water Only Exemption" shall mean a property that is connected to the
municipal drinking water system that uses a private wastewater system. Only water
rates will be applicable to approved Class 1 exemptions.
d)
"Class 2 - Wastewater Only Exemption" shall mean a property that is connected
to the municipal wastewater system and that use a private water supply. Only
wastewater rates will be applicable to approved Class 2 exemptions.
e)
"Class 3 Exemption" shall mean Industrial, Commercial and/or Institutional water
users who redirect a minimum monthly average of 100m3 of water away from the
municipal wastewater system for the purposes of production, evaporation or once
through cooling water. Approval of the Class 3 Exemption will have wastewater
charges calculated as specified in the approval certificate.
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f)
"condominium" shall mean all residential or non-residential properties with
more than one unit and each unit may be separately owned.
g)
"contractor" shall mean a person, partnership, or corporation who contracts to
undertake the execution of work authorized by the owner or the City to install
or maintain watermains, service watermains, sewer laterals, meters, remote
reading devices, services, hydrants and other appurtenances.
h)
"Council" shall mean the Council of The Corporation of the City of Barrie.
i)
"curb stop valve" shall mean the valve on the water service and used by the City
to shut off or turn on the water supply from the City's drinking water system to
any property.
j)
"customer" shall mean any person who takes water from the City or receives
water and wastewater related services from the City.
k)
"Director of Environmental Services" shall mean the Director of Environmental
Services and/ or his or her designate.
l)
"Director of Finance and Treasurer" shall mean the Director of Finance and
Treasurer and/ or his or her designate.
m)
"drinking water system" shall mean a system of works, excluding plumbing,
that is established for the purpose of providing users of the system with drinking
water and that includes anything used for the collection, production, supply or
distribution of water, and a well or intake system that serves as the source or
entry point of raw water supply for the system.
n)
"Extreme Cold Weather Procedure" shall allow for a deviation from standard
billing practices as outlined within this By-law, whereby consumption charges
normally applicable for any water that has passed through a meter are
replaced with an estimated consumption based on historical usage at the
property.
o)
"Fees By-law'' shall mean the Fees By-law that is approved by Council on an
annual basis.
p)
"frozen service" shall mean an occurrence whereby the water service is frozen
at a property, water cannot by supplied to the property.
q)
"ICI water service" shall mean the pipes located on industrial, commercial or
institutional (ICI) properties that are connected to the municipal drinking water
system, from the watermain connection to the water meter. These pipes are
the responsibility of the property owner.
r)
"meter" shall mean the water meter and all equipment, cabling and remote
reading device supplied and owned by the City, however, funded, to measure
the quantity of water used by the customer for billing purposes.
s)
"occupant" shall include any lessee, tenant, inmate, owner, the agent of a lessee,
tenant or owner, or any person in possession of a property.
t)
"owner" shall include any and all persons or any firm or corporation that is the
registered owner(s) of the property under consideration or any agent thereof,
a person entitled to a limited estate in land, a trustee in whom land is vested,
a committee of the estate of a mentally incompetent person, an executor, an
administrator or a guardian.
u)
"plumbing system" shall mean the system of connected piping, fittings, valves,
equipment, fixtures and appurtenances located downstream of the meter.
v)
"private wastewater system" shall mean a wastewater system other than the
municipal wastewater system (e.g. septic tank and tiles, holding tank).
w)
"private water meter'' shall mean a meter purchased and installed by the owner
for secondary measurement of water consumption for the purpose of
calculation exemptions.
x)
"private water supply'' shall mean a water supply other than the municipal
drinking water system (e.g. Well).
y)
"property'' includes both public and private lands, buildings, structures, or vehicles,
located in the City and which may be entitled to a water service.
z)
"Remote reading device" shall mean the municipally owned device used to
transmit water meter readings for billing and monitoring purposes.
aa)
"Residential water service" shall mean the pipe located on residential property
that is connected to the municipal water system from the property line to the
water meter. These pipes are the responsibility of the property owner.
bb)
"seasonal service" shall mean the availability for the water to be turned off, by
the City, as the occupant does not require the water service for several months.
This service is only available to residential properties.
cc)
"Sewer Use By-law'' shall mean the Municipal Sewer Use By-law 2012-172 as
amended.
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Bill No. 095
dd)
"Treasurer" shall mean the Treasurer of The Corporation of the City of Barrie
or his or her designate(s).
ee)
"unit" shall mean a residential, commercial, institutional or industrial
establishment which is separated or is capable of being separated from another
establishment on the assessment roll.
ff)
"wastewater" shall mean the composite of water and water-carried wastes from
residential, commercial, industrial or institutional premises or any other source.
Any water adversely affected in quality by anthropogenic influence not fit for human
consumption.
gg)
"wastewater rate" shall mean a charge for the operation and maintenance of the
wastewater system and the purchase of wastewater services applied to the
metered usage of water and shall include a charge for depreciation, deferred
maintenance, or a reserve fund for any such purpose permitted by by-law as
deemed expedient by Council. The rate may include a charge for the capital cost
of the wastewater system and alterations or extensions to it which includes a debt
charge but does not include charges imposed under the Municipal Act, 2001 for
local improvements.
hh)
"wastewater system" shall mean the buildings, structures, plant, machinery,
equipment, appurtenances, devices, conduits, outlets, underground pipelines,
installations and other works designated for the collection and transmission of
domestic, commercial and/or industrial wastewater and includes lands
appropriated for such usage but does not include plumbing to which the Ontario
Building Code or any amendments thereto apply.
ii)
"water" shall mean drinkable, potable water supplied by the City, as defined
under regulation O.Reg 170/03 as amended.
jj)
"water service' shall mean the section of pipe connected to the municipal
drinking water system, from the watermain to the property line or meter.
kk)
"water system" shall mean the buildings, structures, plant, machinery,
equipment, appurtenances, devices, conduits, outlets, underground pipelines,
installations and other works designed for the delivery of drinking water to
customers, such system as established by the City.
ll)
"watermain" shall mean any system of pipes and appurtenances used for the
distribution of drinking water, but does not include plumbing.
mm)
"water rate" means a charge for the operation and maintenance of the drinking
water system and the purchase of water and shall include a charge for
depreciation, deferred maintenance, or a reserve fund for any such purpose
permitted by by-law as deemed expedient by Council. The rate may include a
charge for the capital cost of the drinking water system and alterations or
extensions to it which includes a debt charge but does not include charges
imposed under the Municipal Act, 2001 for local improvements.
2.0
RESPONSIBILITIES
2.1
For the purpose of this By-Law the Director of Environmental Services is responsible for:
a)
The general operation, management and supervision of the drinking water
system and the wastewater system owned by the City;
b)
The enforcement of the provisions of this By-law other than those dealing with
the billing and collection of water and wastewater related charges;
c)
The management of the billing exemption program; and
d)
The performance of other duties as may from time to time be given to him or
her by the Council.
2.2
For the purpose of this By-law the Director of Finance and Treasurer is responsible for:
a)
The operation, management and supervision of the billing and collection of water
and wastewater related charges;
b)
The enforcement of the provisions of this By-law relating to the billing and
collection of water and wastewater charges;
c)
Assisting Environmental Services with the administration of the billing
exemption program; and
d)
The performance of such other duties as may from time to time be given to him
or her by the Council.
3.0
RULES AND REGULATIONS
3.1
The rules and regulations set out in this By-law shall govern and regulate the billing and
collection of water and wastewater related charges.
3.2
Every such owner by applying for or accepting a supply of water from the City or discharging
wastewater into the system shall be deemed to have expressed his or her consent to be
bound by the said rules and regulations.
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3.3
If the City becomes aware of any substantial defect including but not limited to damage to
persons or property or issues that may impact water quality, the City at its discretion, may
turn off the water supply to the property without advanced notice to the occupants. The City
will turn on the water supply once it has been satisfied that the defect has been rectified. The
turning off and on of the water supply is subject to the rates as specified in the Fees By-law.
4.0
WATER SUPPLY
4.1
Once the water supply is available at a property or building, the owner is subject to all
related charges as outlined in this By-law and the Fees By-law.
5.0
WATER METER INSTALLATION
5.1
In accordance with the City's Water Distribution Specifications:
a)
Not more than one meter shall be installed on each parcel of land containing a
commercial, industrial or institutional, condominium, apartment, house or other
structure, or any combination thereof, for billing purposes;
b)
The owner(s) shall provide a capital contribution to the City for the cost of the water
meter for all service sizes up to and including 50 mm, and the cost for the remote
reading device, to be paid at the time of the building permit issuance These meters
and associated remote reading devices shall be supplied and installed by the City
unless otherwise provided by agreement, and shall remain the property of the City;
c)
All meters larger than 50mm shall be supplied and installed by the owner in
accordance with the City's standards and specifications and will become the property
of the City at the time of occupancy. The City will be responsible for the installation
and cost of the remote reading device; and
d)
All meters shall be installed prior to occupancy.
5.2
If a request is made to the City to install a meter and the water service has not been installed
as per the requirements outline in the Water Transmission and Distribution Guidelines and
the Ontario Building Code, a 'plumbing not ready' charge in the amount specified in the Fees
By-law shall be billed to the owner.
5.3
All properties within the City connected to the drinking water system must have an approved
water meter installed prior to the use of water, and must permit the meter to be inspected in
a timely manner by Water Operations field staff.
6.0
UNAUTHORIZED INTERFERENCE WITH METER
6.1
No person, except a person authorized by the City for that purpose, shall be permitted to
open, or in any way whatsoever to tamper with any meter, remote reading device, 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 or the operation of the units.
6.2
Should any person change, tamper with or otherwise interfere, in any way whatsoever, with
any meter(s), remote reading devices, and/or equipment placed in or on any building or
property, the Director of Environmental Services may forthwith, shut off the water to such
building or property, and the water shall not be turned back on to such building or property
without the express consent of the Director of Environmental Services. The owner and/or
occupant of the property will be charged a fee for turning the water off and on, along with
any applicable fines for illegal tampering and/or damage, as specified in the Fees By-law.
7.0
METER, REMOTE READING DEVICE REPAIRS AND MAINTENANCE
7.1
The entire cost of maintaining and repairing meters and remote reading devices shall be
paid for by the City unless such meter or remote reading device is damaged by the
carelessness or neglect of the owner or occupant of the property on which such meter is
installed and in that event the owner of the property shall pay to the City the cost of making
the necessary repair to such meter and/or device.
7.2
If an owner does not respond to requests made by the City to gain access to the meter or
remote reading device for any reason, the water supply may be turned off until such time as
the owner makes suitable arrangements to have the meter and/or remote reading device
inspected, repaired or installed. The charges specified in the Fees By-law for turning the
water off and on shall apply.
7.3
If, in the opinion of the City, the condition of the water service 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 the City
may require the owner or occupant to make such repairs as may be deemed necessary to
facilitate the removal or testing of the meter at their expense.
7.4
If, upon notification, the owner does not comply with the City's request to make repairs in
accordance with Section 14, then the water supply to the property may be turned off at the
curb stop valve during removal, replacement, repair and testing of the meter and the owner
shall pay the rate for turning water off and on as specified in Fees By-law. The City shall not
be held responsible for any damages to the owner's property arising from such work.
7.5
If the owner, tenant or occupant misses any appointments they shall be charged a fee as
specified in the Fees By-law.
7.6
Any leaks that may develop at the meter or its couplings must be reported immediately to
the City. If an owner, tenant or occupant reports that a meter or its couplings are leaking
and it is determined that the meter or coupling is not leaking or is leaking from the water
service or plumbing system, a service call fee as specified in the Fees By-law shall be
charge to the owner, tenant or occupant.
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Bill No. 095
8.
WATER AND WASTEWATER BILLING
8.0
An owner or occupant or their agent, who intends to occupy a property provided with water
and wastewater service shall notify the City in writing, in a timely manner so a new water
wastewater billing account can be created.
8.1
All ownership and occupancy changes shall be subject to a new account fee in the amount
specified in the Fees By-law. The new account fee shall not be applied to a builder's
accounts unless the property is occupied by the builder.
8.2
All properties connected to the drinking water system shall be metered.
8.3
Every owner of land connected to the City water and/or wastewater system shall pay water
and wastewater charges based on metered water consumption and fixed charges at the
rates specified in the Fees By-law, unless the owner meets the criteria for the water and/or
wastewater billing exemption as defined in this By-law.
8.4
All residential water and wastewater charges will be calculated and billed based on bi-
monthly meter readings.
8.5
All non-residential water and wastewater charges will be calculated and billed based on
monthly meter readings.
8.6
All water passing through the water meter shall be charged for whether used or wasted.
8.7
A property will be billed the residential water and/or wastewater rates as specified in the
Fees By-law, if the property is being charged a residential property tax rate. Any exceptions
to this are described in Section 8.7.
8.8
A property will be billed the general service water and/or wastewater rates as specified in the
Fees By-law if the property is being charged a non-residential property tax rate or if it is a
residential property that has 3 or more separate units accessing water from the same meter.
8.9
In the event of a dispute, the reading of the water meter register shall be the sole evidence
of the quantity of water supplied to a property owner unless the meter is proven to be
defective through a meter test conducted by the City. If the owner or occupant request the
meter to be tested and it is found that the meter is not faulty, then the owner or occupant will
be charged the appropriate fee as specified in the Fees By-law.
8.10
In instances where there is a discrepancy between the water meter register and the remote
reading device, the reading taken from the water meter register will be deemed to be correct.
8.11
If a property is occupied prior to a water meter and remote reading device being installed,
the owner shall be retroactively charged for water and wastewater services at the unmetered
rate for water and/or wastewater as specified in the Fees By-law, back to the date of
occupancy as determined by the Treasurer and the decision of the Treasurer shall be final.
8.12
Where a property receives water and/or wastewater services but does not have a meter, an
unmetered rate for water and/or wastewater usage shall be charged as specified in the Fees
By-law. Should the subsequent year's metered consumption indicate consumption at a level
that is at least 20% less than the consumption utilized in the previous year when there was
no meter, the City will adjust the unmetered consumption bills retroactively for the previous
year.
8.13
If a meter fails to register or a reading is not collected for any reason, the customer shall be
charged on the basis of a reasonable estimate derived from either a previous year's
consumption, an average historical consumption or the previous month's consumption,
whichever is readily available.
8.14
If a billing calculation error is made, the account will be retroactively recalculated for a period
not exceeding one year from the date of detection with resulting credits or charges being
applied to the account.
8.15
If water and wastewater charges are added or require adjustment as a result of the
provisions of this by-law not being met, the charges may be adjusted retroactively to the
date at which it is determined, in the opinion of the Director of Finance and Treasurer, that
the provisions were violated and the decision of the Director of Finance and Treasurer shall
be final.
8.16
If water is supplied to only one party in a property, and the owner requests that the occupant
be billed directly, the City will do so as a convenience to the owner under all of the following
conditions:
a)
The owner assumes full responsibility for all charges applied to the account for the
provision of water and wastewater services, including charges for service work, in
the event that the occupant fails to pay; and
b)
An Owner/Tenant agreement form be completed, signed by the owner and
returned to the City in a timely manner.
8.17
If it is identified in a signed lease agreement that the owner is responsible for the water
wastewater charges, not the occupant, the water wastewater account for that property will
be reinstated into the owner's name.
8.18
Upon reasonable notice to the owner, the City may at any time and for any reason,
discontinue billing the occupant and bill the owner directly for the water and wastewater
charges of the occupant.
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Bill No. 095
8.19
If the water is supplied to more than one tenant or unit through a single meter, the account
for the water and wastewater charges shall be billed to the owner of the property.
8.20
All fees charged under this by-law, following the Municipal Act, 2001 Section 398 (2), are
considered a lien on the property no matter who consumed or wasted the water. Water and
wastewater arrears will be transferred to the appropriate property tax account, following the
City's policies and practices.
9.0
WATER AND WASTEWATER BILLING EXEMPTIONS
9.1
Properties must comply with the conditions outlined in this section in order to be eligible for
the applicable exemption.
9.2
No exemptions will be permitted solely based on the tax exempt status under the
Assessment Act.
9.3
Properties connected to the municipal wastewater system will not be eligible for the Class 1
- Water Only Exemption solely by the fact that the owner chooses not to utilize the municipal
wastewater connection. Properties will be deemed connected to the municipal wastewater
system when:
a)
The building's wastewater connection extends from the municipal main and
terminates either within three (3) feet of the building foundation or within the
building; and
b)
The owner has not met the criteria for a Class 1 - Water Only Exemption as set
out in section 9.8.
9.4
Properties connected to the municipal drinking water system will not be eligible for the Class
2 - Wastewater Only Exemption solely by the fact that the owner chooses not to utilize the
municipal drinking water system. Properties will be deemed connected to the municipal
drinking water system when:
a)
The building's municipal drinking water connection extends from the municipal
main and terminates either within three (3) feet of the building foundation or within
the building; and
b)
The owner has not met the criteria for a Class 2 - Wastewater Only Exemption as
set out in section 9.9.
9.5
Properties connected to the municipal wastewater system and using a private water supply
that do not have an approved Class 2 - Wastewater Only Exemption, will be deemed to be
generating both water and wastewater. Water and wastewater consumptions will be in
accordance with total daily design wastewater flows listed in Subsection 8.2.1.3 of the
Ontario Building Code or, for uses not listed in Subsection 8.2.1.3, such other rate as is
deemed appropriate by the Environmental Services Department.
9.6
Properties shall be charged a fee as specified in the Fees By-Law for any missed
appointments for inspections or testing related to the City confirming the validity of the
exemption.
9.7
Approval certificates for all exemptions will expire three (3) years from the date of issuance.
9.8
Class 1 - Water Only Exemption: applies to those properties connected to the municipal
drinking water system and that use a private wastewater system:
a)
The owner must demonstrate that the property does not have a connection to the
municipal wastewater system and;
b)
The owner shall submit a completed Class 1 - Water Only Exemption application
including a lot and flow diagram, wastewater system approval under Part VIII of
the Ontario Building Code or a Use permit under Part VIII of the Environmental
Protection Act, R.S.O. 1990 or its predecessors (if available);
c)
An invoice for the application fee as specified in the Fees By-Law will be sent to
the owner upon receipt of the application. Should the invoice not be paid prior to
the issuance of the Approval Certificate, the invoice cost will be added to the tax
roll for the property. In the event there is no municipal wastewater system available
at the street, the application fee does not apply;
d)
Any exemption status will be terminated when the approval certificate expires or
ownership of the property changes;
e)
Owners must re-apply for the exemption as outlined in this section prior to the
approved certificate expiration in order to continue to be eligible for the exemption;
f)
The Owner must, upon availability of a municipal wastewater connection, as per
Section 9.3 (a) of this By-law, notify the City and the Class 1 - Water Only
Exemption will be terminated as of the connection date; and
g)
The City reserves the right to verify the continued validity of the Class 1 - water
only exemption status, at its discretion.
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Bill No. 095
9.9
Class 2 - Wastewater Only Exemption: applies to those properties connected to the
municipal wastewater system and use a private water supply:
a)
The owner must demonstrate that the property does not have a connection to the
municipal drinking water system and;
b)
The owner shall submit a completed Class 2 - Wastewater Only Exemption
application including a lot and flow diagram;
c)
An invoice for the application fee as specified in the Fees By-Law will be sent to
the owner upon receipt of the application. Should the invoice not be paid prior to
the issuance of the Approval Certificate, the invoice cost will be added to the tax
roll for the property. In the event there is no municipal drinking water system
available at the street, the application fee will not apply;
d)
The owner will obtain a meter, approved by the Environmental Services
Department, to measure water consumption for the calculation of wastewater
charges;
e)
The owner shall obtain the required permits and the meter installation must be
approved by the Environmental Services Department;
f)
The owner will be responsible for maintaining and repairing the meter and related
equipment as required by the Environmental Services Department,
g)
Any exemption status will be terminated when the approval certificate expires,
ownership of the property changes or the owner fails to maintain or repair the meter
and/or related equipment;
h)
Owners must re-apply for the exemption as outlined in this section prior to the
approved certificate expiration in order to continue to be eligible for the exemption;
i)
Industrial, commercial and/or institutional properties must comply with the Sewer
Use By-Law and Backflow Prevention By-law in order to apply or maintain the
exemption status. Any non-compliance will result in the denial of the application or
termination of the approved exemption;
j)
The owner must, upon availability of municipal drinking water connection as per
Section 9.4 (a) of this By-law, notify the Finance Department and the Class 2 -
Wastewater Only Exemption will be terminated as of the connection date; and
k)
The City reserves the right to verify the continued validity of the exemption status,
at its discretion.
9.10
O Class 3 Exemption: available to Industrial, Commercial and/or Institutional water users
who redirect a minimum monthly average of 100 m3 of water away from the municipal
wastewater system due to evaporative losses in HVAC systems, water consumed in
product, and once through cooling water. For the purpose of this By-Law:
a)
Multi-residential units using a single water supply will be considered a commercial
water user;
b)
The owner or tenant shall submit a completed Class 3 Exemption application
including schematic and exemption meter information;
c)
An invoice for the application fee as specified in the Fees By-law will be sent to the
applicant upon receipt of the application. Should the invoice not be paid prior to
the issuance of the Approval Certificate, the invoice cost will be added to either the
water bill or the tax roll for the property;
d)
The applicant shall obtain all exemption meters and/or other measuring devices,
approved by the Environmental Services Department, to measure water
consumption for the wastewater charge calculation;
e)
The applicant shall obtain the required permits and will be responsible for the
installation of the meter(s) and related equipment, approved by the Environmental
Services Department. Any proposed schematic changes related to the exemption
must be pre-approved;
f)
The applicant will be responsible for maintaining and repairing the meter(s) and
related equipment, as required by the Environmental Services Department;
g)
Any exemption status will be terminated when the approval certificate expires,
ownership or tenancy changes, applicant fails to maintain/repair the equipment or
if any changes are made to the approved plumbing schematic;
h)
Applicants must re-apply for the exemption as outlined in this section prior to the
Approved Certificate expiration in order to continue to be eligible for this
exemption;
i)
Applicants must comply with the Sewer Use By-Law and Backflow Prevention By-
law in order to apply or maintain the exemption status. Any non-compliance will
result in the denial of the application or termination of the approved exemption;
and
j)
The City reserves the right to verify the continued validity of the exemption, at its
discretion.
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10.0
FINAL BILLING
10.1
When a customer intends to vacate the property supplied by water, he or she shall request
in writing, a final meter reading, at least five days before vacating the property. A final meter
reading fee will be added to the final water wastewater bill at the rate specified in the Fees
By-law.
10.2
An owner or agent may request a water certificate, which will identify the water and
wastewater charges outstanding against the property, if any, and a holdback amount
required for future or final bills. The owner or agent must pay the appropriate water
certificate fee as specified in the Fees By-law.
10.3
If the final billing of the previous occupant remains outstanding, such charges are a lien on
the property. The amount shall be transferred to the property tax account along with the
appropriate transfer fee as specified in the Fees By-law, in accordance with the provisions of
the Municipal Act, 2001, and the City's policies and procedures.
11.0
FIRE PROTECTION BILLINGS
11.1
An annual charge for each private fire hydrant supplied with water from the municipal system
will be applied to the water wastewater account, in a prorated monthly charge, as specified
in the Fees By-law.
11.2
An annual charge for each private connection made to the municipal drinking water system
to supply automatic sprinkler systems, standpipes or other fire protection systems will be
applied to the water wastewater account, in a prorated monthly charge, as specified in the
Fees By-law.
12.0
COLLECTIONS
12.1
Payments are due on the date indicated on the water bills and will be 35 days following the
billing date.
12.2
Payments by mail will be processed as of the date the payment is received at City Hall.
12.3
Partial payments received on accounts shall be applied to penalties and interest first, and
then water and wastewater charges, and any remaining amount will be applied to
miscellaneous water charges and adjustments.
12.4
A service charge shall be applied in accordance with the Fees By-law, if a payment is
dishonoured by the bank for any reason.
12.5
All unpaid fees and charges that are in arrears will be charged a penalty at a rate of 1.25%
per month, following the City's procedures and policies.
12.6
All fees and charges relating to the supply of water and wastewater services or for any other
expenses, fees or charges provided for in this by-law, shall be paid by the owner or
occupant of the property.
12.7
If the fees and charges are not paid by the owner or occupant, the City will transfer the
unpaid fees and charges to the appropriate property tax account as described in Section
to 12.10., in accordance with the provisions of the Municipal Act, 2001, the applicable
transfer fees will be added at the time of the transfer, as specified in the Fees By-law.
12.8
If the fees and charges remain unpaid on an owner's active water wastewater account:
a) The City will issue a reminder notice at least 21 days following the due date; and
b) If the arrears continue to remain unpaid, the arrears will be transferred to the
appropriate property tax account, no sooner than 21 days after the issuance of the
reminder notice, following the City's policies and procedures.
12.9
If the fees and charges remain unpaid on a tenant's active water wastewater account:
a)
The City will issue a reminder notice at least 21 days following the due date;
b)
A copy of the reminder notice will be sent to the owner at the same time;
c)
When the owner receives the reminder notice, they have the option to
submit a completed Request for Consideration application, for the City to
consider the account for the water shut off process;
d)
The City will review all active tenant accounts and requests for shut off on
a regular basis, and the City will determine which accounts in arrears will
be moved to the water shut off process, following the City's policies and
procedures;
e)
After 14 days from the water being shut off, if the account remains in
arrears, the arrears will be added to the property tax account. A notice will
be sent to the owner indicating the amount that was transferred. The water
will remain off until the owner advises the City to turn the water back on or
payment has been received from the tenant; and
f)
The tenant will be billed for all applicable costs and fees for the water shut
off process as specified in the Fees By-law. If the costs and fees are not
paid by the tenant, the City will transfer the unpaid fees and charges to the
appropriate property tax account, in accordance with the provisions of the
Municipal Act, 2001. The applicable transfer fees will be added at the time
of the transfer, as specified in the Fees By-law.
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Bill No. 095
12.10
If the fees and charges remain unpaid on either an owner's or tenant's inactive (closed)
water wastewater account, after the final water wastewater bill is due and no sooner than
35 days following the issuance of the final bill
a)
the City will issue a reminder notice at least 7 days following the due date; and
b)
if the total amount owing remains outstanding, then the total amount outstanding,
including the applicable transfer fees, will be transferred to the appropriate property
tax account, no sooner than 14 days after the issuance of the reminder notice,
following the City's policies and procedures.
12.11
The City reserves the right to shut off the supply of water to any premise that has unpaid
fees and charges. The City shall restore the supply of water upon suitable payment to the
City of such overdue amounts plus any applicable service charges, penalties and interest.
13.0
DISCONTINUANCE OF USE OF WATER
13.1
Any customer wishing to discontinue the use of water supplied from the City's water system
must make a written request to the Director of Environmental Services and if approved,
ensure the following actions are completed in a timely manner:
a)
The water service is disconnected at the watermain connection;
b)
The water meter, remote reading device and any other City owned equipment has
been removed by City staff; and
c)
The water service disconnection at the watermain must be verified visually by City
staff as being complete.
Until such time that these requirements have been met, the water and wastewater charges
will continue to be calculated and billed in accordance with this By-law and the Fees By-
law.
13.2
For seasonal service, the residential owner or occupant will not be charged for
consumption or fixed charges for the time the water is off, on a prorated basis. The
applicable service fees to turn the water off and on will be billed as specified in the Fees
By-law:
a)
If the property's heating system will remain functioning during the water shut off
period, the City will shut off the water at the curb box and leave the water meter in
place. If the heating system should fail during the water shut off period, the City
shall not be held responsible for any damages to the owner's property; and
b)
If the property's heating system will be turned off during the water shut off period,
the City will remove the water meter and turn off the water at the curb box.
14.0
RESPONSIBILITIES OF PROPERTY OWNER
14.1
It is the owner's responsibility to ensure that all meters, remote reading devices, fixtures
and pipes of every kind used in connection with the supply of water are readily accessible
in a clean, dry area, protected from freezing and free from obstructions at all times, allowing
for the repair or replacement of the water meter or building control valve without the use of
specialized tools or equipment.
14.2
It is the owner's responsibility to maintain in proper working order and good repair, at its
own expense, the water services, plumbing system and all its fixtures and appurtenances.
14.3
All water services and the meter shall be properly protected from frost and any other
damage at the expense and risk of the owner of the property being serviced.
14.4
Residential property owners are responsible for repairs to all leaks located on private
property, from the property line to the meter. If the leak, in the City's opinion, requires
immediate attention, the City will undertake the necessary repairs or replacements. The
property owner will be invoiced for the costs involved as specified in the Fees By-law.
14.5
Industrial, commercial, institutional or multi-residential property owners are responsible for
all repairs from the watermain to the meter, in coordination with the Water Operations
Branch. If the leak, in the City's opinion, requires immediate attention, the City will
undertake the necessary repairs or replacements. The property owner will be invoiced for
the costs involved as specified in the Fees By-law.
14.6 When any property is left vacant or without heat, it is the owner's responsibility to shut off
the water supply from within the property and to drain the piping therein.
14.7
The owner or occupant may apply in writing to the City to have the curb stop valve turned
off to stop the water supply. The valve will be turned on only at the owner's request and in
the owner's presence. The owner shall pay for this service at the rate as specified in the
Fees By-law.
14.8
When any property that is left vacant, unattended 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 or water meter, neither the owner nor occupant shall have a claim against the City.
14.9
Should the Director of Environmental Services become aware of such leaking or burst
pipes, the Director of Environmental Services shall turn off the curb stop valve, and the
water supply shall not be turned on until the Director of Environmental Services, in his/her
discretion, shall consider it advisable. The owner shall pay for this service at the rate as
specified in the Fees By-law.
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Bill No. 095
15.
FROZEN WATER SERVICES
15.0
The Extreme Cold Weather Procedure is to prevent and/or manage interruptions to the
City's supply of water, caused by the temporary freezing of City and/or Customer owned
water pipes. It shall allow for a deviation from the standard billing practices as outlined
within this By-law, whereby consumption charges normally applicable for all water that has
passed through the meter are replaced with an estimated consumption value based on
historical usage at the property. The Manager of Water Operations in coordination with
the Manager of Revenue may activate the Extreme Cold Weather Procedure under any of
the following conditions:
a)
The sum of the average daily temperature on consecutive days reaches -400
degrees Celsius, following the first confirmed fall frost event;
b)
Ground frost levels observed by Water Operations field staff, through the course
of their daily activities, reaches 1.7 meters or deeper; or
c)
It is deemed necessary by the Manager of Water Operations to ensure the
continued provision of drinking water during periods of extremely cold weather.
15.1
Thawing of privately owned water services shall be the owner's responsibility and expense.
Where any employee of the City assists the owner in the thawing of a privately owned
frozen water service, the owner will be invoiced as specified in the Fees By-law. All work
completed by the City shall be considered at the owner's risk, the owner shall have no claim
against the City by reason of such work.
15.2
If the City has initiated the Extreme Cold Weather Procedure (section 15.1) and provides
specific instructions in writing to the owner or occupant that they should continuously run
the water, to mitigate the freezing of the buried water service, or a temporary water supply
is arranged that requires the continuous flow of water:
a)
The City determines that the frozen water service is located on municipal property,
the City will adjust the water wastewater bill(s) so that the owner or occupant will
not be charged for the excess water usage. The City will estimate what the normal
water usage would have been before the freezing occurred. The owner or
occupant will not be charged for the excess water used when the City approves
the water to be continuously running; and
b)
The City determines that the frozen water service is located on private property,
the City will not adjust their water wastewater bill for the higher consumption.
15.3
If the City has initiated the Extreme Cold Weather Procedure and has not directed the
owner or occupant to continuously run the water, and the owner or occupant decides to do
so on their own, the water wastewater bill will not be adjusted by the City. The owner or
occupant will be responsible for the water wastewater bill that will include the higher
consumption due to the continuous running of the water.
15.4
If the City determines that a house to house connection is required during the time period
that the water line issue is being resolved, one tap must run constantly to prevent the
temporary line between the properties from freezing. In these cases, the City will adjust the
water wastewater bills of both properties as follows:
a)
If the City determines that the frozen pipes were located on municipal property, the
City will adjust the water wastewater bill(s) for the property supplying the water and
the property receiving the water, both will not be charged for the excess water
usage. The City will estimate what the normal water usage would have been for
both properties before the freezing occurred. The owner or occupant will not be
charged for the excess water used when the City approves the water to be
continuously running; and
b)
If the City determines that the frozen pipes were located on private property, the
City will adjust the water wastewater bill for the property supplying the water, using
an estimated normal consumption amount, there will be no charge for the excess
water usage. And the City will adjust the water wastewater bill for the receiving
property to include the excess water consumption.
16.0
PROHIBITIONS
16.1
No person shall willfully hinder or interrupt, or cause or procure to be hindered or
interrupted, the City or any of its officers, contractors, agents, servants or workers, in the
exercise of any of the power conferred by this By-Law.
16.2
No person shall willfully or maliciously tamper with or damage any meter, remote reading
device, water service, equipment or any appurtenances belonging to the City, or required
for exemption purposes or willfully impair or knowingly suffers the same to be altered or
impaired, so that the meter indicates less than the actual amount of the water that passes
through it.
16.3
No person shall willfully let off or discharge water so that the water runs waste or useless
of the works.
16.4
No person being an owner or occupant or other supplied with water from the drinking water
system, shall improperly waste the water or, without the consent of the City, lend, sell, or
dispose of the water, give it away, permit it to be taken or carried away, use or apply it to
the use or benefit of another, or to any use and benefit other than his or her own.
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Bill No. 095
16.5
No person shall without lawful authority, willfully open or close any valve or hydrant, or
obstruct the free access to any hydrant, valve, chamber or pipe by placing on it any building
material, rubbish or other obstruction.
16.6
No person shall throw or deposit any injurious or offensive matter into the water, drinking
water system or wastewater system or upon the ice if the water is frozen, or in any way
foul the water or commit any willful damage or injury to the works, pipes or water, or
encourage the same to be done.
16.7
No person shall willfully alter any meter or remote reading device 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.
16.8
No person shall lay or cause to be laid any pipe or watermain to connect with any pipe or
watermain of the drinking water system, or in any way obtain or use the water without the
consent of the Director of Environmental Services.
17.0
ENFORCEMENT
17.1
The Director of Environmental Services may at all reasonable times, enter and inspect a
property to determine whether there is any unlawful use of the drinking water system or
wastewater system and to provide for the enforcement of this by-law.
17.2
All water used on a property within the City, except water used for firefighting purposes, or
water authorized by the Director of Environmental Services for construction or other
purposes, shall pass through the meter approved by the City for use upon such property.
And in addition to whatever other remedies the City may have by law in respect to
infringement of this By-Law, the City may, upon ascertaining that water has been unlawfully
used they may shut off and stop the supply of water without notice and issue fines as
specified in the Fees By-law.
17.3
Every person who willfully or maliciously damages or causes damage to any meter, remote
reading device, water service, equipment or any appurtenances belonging to the City or
willfully impairs or knowingly suffers the same to be altered or impaired, so that the 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 payable to the City, and for any expenses of
repairing or replacing the meter, remote reading device, water service, equipment or any
appurtenances and double the value of the surplus water so consumed, all of which is
recoverable under the Provincial Offences Act.
18.0
PENALTY
18.1
Every person who contravenes any of the provisions of any section of this by-law and every
Director or Officer of a Corporation who knowingly concurs in the contravention of a By-
law by the Corporation is guilty of an offence under the provisions of the Municipal Act,
2001 s. 429
18.2
For the purpose of continuous offences, every person who contravenes any provision of
this By-law and every Director or Officer of a Corporation who knowingly concurs in the
contravention of a By-law by the Corporation is guilty of an offence and liable on conviction
to a penalty not exceeding $10,000, exclusive of costs under the provisions of the Municipal
Act, 2001, s 429 (3) as amended. Despite paragraph 1, the total of all daily fines for the
offence is not limited to $100,000.
18.3
For the purpose of multiple offences, every person who contravenes any provision of this
By-law and every Director or Officer of a Corporation who knowingly concurs in the
contravention of a By-law by the Corporation is guilty of an offence and liable on conviction
to a penalty not exceeding $10,000, exclusive of costs under the provisions of the Municipal
Act, 2001, s. 429 (3) as amended. Despite paragraph 1, the total of all daily fines for the
offence is not limited to $100,000.
19.
THAT this By-law shall come into force and have effect on January 1, 2017.
READ a first and second time this 19th day of December, 2016.
READ a third time and finally passed this 19th day of December, 2016.
THE CORPORATION OF THE CITY OF BARRIE
"ORIGINAL SIGNED"
MAYOR - J. R. LEHMAN
"ORIGINAL SIGNED"
CITY CLERK - DAWN A. MCALPINE