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THE CORPORATION OF THE CITY OF BROCKVILLE
By-Law Number 069-2023
A By-Law to Establish a Sewer Connection in the City of Brockville
and to Repeal By-law 46-89
WHEREAS the Corporation of the City of Brockville has deemed it
expedient to establish a sewer connection By-law in the City of Brockville;
NOW THEREFORE the Council of the Corporation of the City of
Brockville enacts as follows:
1.
Definitions
a) "City" means the Corporation of the City of Brockville and
includes its employees, servants, and agents;
b) "Private Structure" means anything constructed or built
permanently or temporarily which is outfitted with a sewer
connection;
c) "Property" means any real property and the buildings or
structures it contains;
d) "Property Owner" means the registered owner of the lands and
premises or authorized agent in lawful control of the property,
structure or occupancy and who permits the operation or
maintenance of any business;
e) "Main Line" means the City's sanitary sewer line that collects
private sewer connections from property owner(s). The Main Line
is the collection point from private sewer connections and
conveys sewage to the Water Pollution Control Centre.
f) "Maintenance List" means the method by which sewer
connections are prioritized for repair or replacement. Barring
critical failures to infrastructure, the list is executed in priority
sequence, beginning with the first on the list.
2.
The Corporation of the City of Brockville hereby adopts a sewer
connection By-law for the initial construction, repairs, and cleaning of
sewer connections from the private sewer connection to the City
sewer main line.
City of Brockville
Sewer Connection By-law 069-2023
Page 2
3.
This By-law is proposed to define the areas of responsibility of the
owner and the city for initial construction of the connection, ownership
of the cleanout fittings and sewer lines, its maintenance and repair and
the cleaning of the connection when required.
(a) Sewer Connections:
The term "private sewer connection" shall mean the complete
section of pipe that carries sewage from private buildings to the
City owned Main Line. These connections may be located on
private property, on streets, easements or other City owned
property. These connections, therefore, are partially on private
land and partially on City property, however solely owned by the
private property owner. Connections within private structures and
on private property, including drains and cleanout fittings are not
deemed owned by nor the responsibility of the City.
Where a house structure, deck, porch, landscaping etc. encroach
on City property the property owner assumes responsibility for
any repair.
(b) Construction of Private Sewer Connections:
The property owner is responsible for all costs associated with the
initial construction of the entire sewer connection from the City's
sewer main line to the private structure. Any construction work
on City streets or City property will be carried out by the
municipality or its agent or by others where specific authorization
to do so has been granted. Fees associated with work conducted
on City property will be charged directly to the property owner.
Construction of the work located on private property will not be
carried out by the City.
(c) Cleaning of Private Sewer Connections:
The City to the best of its ability, will provide a service to clean
private sewer connections at the owner's cost provided that:
i.
Adequate and proper cleanout facilities are provided
within the building or elsewhere on the owner's lands,
accessible to permit cleaning of the pipe with the City's
equipment.
City of Brockville
Sewer Connection By-law 069-2023
Page 3
ii.
The property owner authorizes the work in writing and
agrees to pay the cost of such work or provide a deposit
if required.
iii.
The property owner agrees in writing to hold the City
harmless for any damage resulting from the carrying out
of such work.
Note that calls for service by City staff during regular business or
after hours will be conducted only if an adequate number of staff
can be secured for the work. If adequate staff numbers are not
available a service call can be conducted when staffing permits.
(d) Responsibility & Repairs:
The property owner will be responsible for all costs of clearing
blockages where it can be established that the cause of the
blockage was related to issues from compromised pipe integrity
on private property. The property owner will not be responsible
for the cost of clearing blockages where it can be established that
the cause of the blockage was related to issues from
compromised pipe integrity on City property. If the blockage is
due to problems located on both private and City property, costs
may be split at City's discretion. The property owner will be
responsible for all costs of clearing blockages where it can be
established that the cause of the blockage was related to items
such as wipes, feminine hygiene products and fats oils and
grease.
The decision to replace or repair a private sewer connection on
City property will rest entirely on the judgement of the City. This
judgement will be derived using records on hand, investigations
and the expertise of the department involved. Where such
blockages occur more frequently than three times in any three
year period on City property, the City shall place the property on
a maintenance list to repair the connection on City property.
While the property remains on the maintenance list an annual
cleaning will be provided at no cost to the property owner. The
homeowner is responsible for contacting the City each year for
this service. The City will, to the best of its ability, complete the
repair within 3 years of being placed on the maintenance list. This
is subject to the quality of pipe and other repairs required on the
City maintenance list.
At the time of repair, to prevent any future blockages, the
property owner shall be required to replace the connection on
City of Brockville
Sewer Connection By-law 069-2023
Page 4
private property at the same time that the City work is completed.
If the property owner does not accept the responsibility of
replacement at the same time, all future cleanings of sewer
laterals, due to blockages, will be at the property owner's
expense. The property will also be removed from the maintenance
list. The City reserves the right to add a property to the
maintenance list at their discretion.
(e) Exceptions:
The program of cleaning private sewer connections is primarily
directed towards small residential and commercial buildings,
and they shall receive priority in most cases. Although the City
shall endeavor to provide the service to all the property owners,
the City may abstain from cleaning private sewer connections at
the City's discretion. The owner of the property always has the
right to hire a qualified private contractor to do such cleaning,
especially when time is of the essence and qualified City staff
are not available. The City will not be responsible for the cost of
private contractors. The property owner is responsible for
providing any video evidence from the contractor to verify a
blockage was on city property. Verbal or written statements will
not be accepted.
The City will not be responsible for costs associated with
damages to the property due to blockages incurred on private
property, regardless of cause.
In matters not specifically covered by this policy, or where an
extreme hardship might be involved, or in other circumstances
deemed advisable, the Director of Engineering & Infrastructure
may take such action as is thought to be appropriate at the time,
notwithstanding that such action may not be in keeping with the
provisions of this policy.
(f) Enforcement:
This By-law shall be enforced by the Wastewater Systems
Supervisor employed by the City of Brockville; or any person
appointed by the Wastewater Systems Chief Operator; any staff
from Wastewater Systems; or any person appointed by the Director
of Engineering & Infrastructure.
City of Brockville
Sewer Connection By-law 069-2023
Page 5
(g) Payments:
If work for initial construction, repairs, or clearing blockages in
sewer connections, as set out in the preceding sections, is
charged by invoice to any property owner, and the property owner
to whom the invoice was served fails to pay the amount shown on
the invoice within thirty days after the request for payment, the
Director of Engineering & Infrastructure shall present the
statement to the Director of Finance.
The Director of Finance shall cause the amount of the invoice to
be placed on the collectors roll against the land concerned, and it
shall be collected in the same manner as taxes under the
Assessment Act, subject to an appeal to the Assessment Review
Court in the same manner as for taxes, under Section 325 of the
Municipal Act, R.S.O., 1980, 302 as amended.
All fees that may apply to this By-law are non-refundable.
(h) Enactment:
THAT this By-law shall come into force and effect on the date of
passage;
By-Law Number 46-89 is hereby repealed.
Given Under the Seal of the
Corporation of the City of Brockville
and passed this 10th, day of October.
Mayor
Acting City Clerk