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2010-214
By-law 2010-214
A By-law of the City of Greater Sudbury
Respecting the Supply of Water,
the Management and Maintenance of the
Waterworks Systems of the City
Whereas it is provided by section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, that a
municipality may pass by-laws pertaining to matters within the sphere of public utilities;
And Whereas water and wastewater systems are public utilities within the meaning of
the Municipal Act, 2001, S.O. 2001, c. 25;
Now Therefore the Council of the City of Greater Sudbury enacts as follows:
1.
In this By-law, unless the context otherwise requires, the expression:
"Applicant" means the owner or their authorized agent who has responsibility for
assuring continued servicing of their property with water, and who may be required to sign forms
supplied by the City authorizing various works in regard to this service;
"approved" means having the approval of the General Manager;
"By-law Enforcement Officer" means a police officer, By-law Enforcement Officer, Water
/ Wastewater By-law Enforcement Officer, special constable and any other public officer
engaged in the enforcement, of this or any other law;
"City" means the municipal corporation of the City of Greater Sudbury or the geographic
limits of the City as the context requires;
"consumer" means any owner, tenant or lessee who may have occasion to make use of
any water service connection to a building which they occupy in the course of residence or in
the operation of a business;
"General Manager" means the person appointed to the position of General Manager of
Community Infrastructure or any successor position and includes a person duly authorized to
act on their behalf;
"owner" means any owner of property which is located within the designated
limits of the City and which may be serviced with water from the watermain distribution system;
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"plumber" means any person, group, owner, firm, company, corporation or contractor
who holds himself, herself or themselves out as plumbers, pipefitters, or earthmoving
contractors who engage in the work of installing pipes for the purpose of carrying potable water;
"premises" means the building or structure which is serviced with a water connection
from the watermain distribution system, and which is located on publicly or privately owned
property within the limits of the City;
"Property" means a parcel of land which has a unique Property Identifier Number or
P.I.N., assigned in the Land Titles Office for Sudbury (No. 53) or two or more such parcels of
land, for which there is an agreement registered on title to the parcels of land to treat such
parcels as a single parcel of land and to not convey one separately from the other where such
parcel of land or consolidated parcels of land is adjacent to the City's water distribution system;
"service connection" means the service pipe connected to the watermain distribution
system which is designed to carry water from this system to the premises;
"Water Rates By-law" means the City's By-law to Establish a Water and Wastewater
Policy and Water and Wastewater Rates and Charges in General and for Special Projects,
being By-law 2009-292 as amended and replaced from time to time; and
"waterworks" means buildings, structures, plant, machinery, equipment, appurtenances,
devices, conduits, intakes, outlets, underground pipelines and installations, and other works
designed for the production, treatment, transmission, distribution and storage of water and
includes lands appropriated for such purposes and uses.
Interpretation
1A.-(1) Whenever this By-law refers to a person or thing with reference to gender or the gender
neutral, the intention is to read the By-law with the gender applicable to the circumstances.
(2) References to items in the plural include the singular, as applicable.
(3) The words "include", "including" and "includes" are not to be read as limiting the phrases
or descriptions that precede them. Any examples provided are intended to be representative
examples and not intended to be an exhaustive list.
(4) Headings are inserted for ease of reference only and are not to be used as interpretation
aids.
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(5) Specific references to laws in the By-law are printed in italic font and are meant to refer
to the current laws applicable with the Province of Ontario as at the time the Bylaw was
enacted, as they are amended, restated or replaced from time to time.
(6) Any reference to periods of time, stated in numbers of days, shall be deemed applicable
on the first Business Day after a Sunday or Statutory holiday if the expiration of the time period
occurs on a Sunday or Statutory holiday.
(7) The obligations imposed by this By-law are in addition to obligations otherwise imposed
by law or contract.
(8) Where this By-law provides metric and imperial units of measure, the metric unit of
measure shall prevail. For convenience only, approximate imperial measurements have been
provided in parentheses but are of no force or effect. The abbreviation "mm" stands for
millimetres and "m" stands for metres.
Severability / Conflict
1B.-(1) If any section, subsection, part or parts of this By-law is declared by any court of law to
be bad, illegal or ultra vires, such section, subsection, part or parts shall be deemed to be
severable and all parts hereof are declared to be separate and independent and enacted as
such.
(2) Nothing in this By-law relieves any person from complying with any provision of any
federal or provincial legislation or any other By-law of the City.
(3) Where a provision of this By-law conflicts with the provisions of another By-law in force
in the City, or any of the provisions of any federal or provincial states or regulation, the provision
that establishes the higher standard to protect the health, safety and welfare of the general
public shall prevail.
Application
1C.
This By-law shall apply within the geographic limits of the City.
Administration / Delegation
1D.-(1) The administration, implementation and enforcement of this By-law is assigned to the
General Manager who is delegated the authority to:
(a)
make all decisions required of the General Manager under this By-law;
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(b)
perform all administrative functions, conduct all inspections or investigations
referred to herein and those incidental to and necessary for the due
administration and implementation of this By-law;
(c)
establish and amend from time to time City standards and specifications, City
policies, guidelines and protocols related to this By-law and the implementation
of the principles set out herein, as may be required from time to time;
(d)
establish and amend from time to time, such standard applications, approvals,
terms and conditions and such documents, and procedural protocols and
procedures as the General Manager may determine are required to implement
and administer this By-law; and
(e)
execute such approvals, permits, terms and conditions and agreements as are
required in the implementation of this By-law or implementation of a decision of
the General Manager authorized by this By-law, administer, amend or terminate
such approvals, permits, agreements and other such documents as appropriate
in the circumstances.
(2) In exercising their discretion to authorize exceptions to the general policies in this By-
law, the General Manager shall consider, in addition to such other factors as in the opinion of
the General Manager are relevant, such of the following factors as may be applicable in the
circumstances. The General Manager shall consider whether:
(a)
such accommodation:
(i)
is based on sound engineering principles;
(ii)
will adversely affect the health and safety of the consumer;
(iii)
is otherwise permitted under and complies with the Building Code and the
Safe Drinking Water Act, 2002, and such other legislation as may be
applicable in the circumstances; and
(iv)
otherwise complies with the City's then current standards and
specifications;
(b)
the owner of the property can be made directly responsible for the payment of
any fees and charges for the supply of municipal water services to the property;
(c)
the owner of the property can be made is directly responsible for any
noncompliance with this By-law and any enforcement measures and sanctions
arising from non-compliance with this By-law;
(d)
the manner of ownership of the property will impede the City's ability to collect
fees or charges or enforce compliance with this By-law; and
(e)
the general intent of this By-law is being maintained.
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(3) The General Manager may delegate the performance of any one or more of their
functions under this By-law to one or more persons from time to time as the occasion requires
and may impose conditions upon such delegation and may revoke any such delegation. The
General Manager may continue to exercise any function delegated during the delegation.
(4) Unless specifically provided to the contrary in this By-law, the decisions of the General
Manager are final and not subject to appeal.
2.
In the management and maintenance of the City waterworks system the following shall
apply:
(a)
the laying of watermains and services, installing hydrants, valves, services, etc.
and all construction pertaining to or incidental with the waterworks system of the
City shall be under the control, at all times, of the City; and
(b)
the General Manager may enter the premises of any consumer of sewer and
water services at any reasonable time in the course of their duties.
3.-(1) In respect of service connections the following shall apply:
(a)
Every owner of premises who applies for municipal water service for such
premises, or his Agent, shall make application therefor to the General Manager
on the form prescribed by the General Manager from time to time, and at the time
of application, shall deposit with the City an amount equal to the cost, as
estimated by the General Manager, of providing the service connection to such
premises from the main to the street line or premises. The applicant shall pay
the actual costs of providing the service connection from the main to the street
line. Should the amount of the deposit exceed the actual cost the excess amount
shall be refunded to the Applicant and the remainder retained by the City as
payment. Should the actual cost be in excess of the amount deposited, the
deposit shall be retained by the City and the Applicant shall pay the additional
amount to the City.
(b)
no property shall be provided with more than one such service connection,
unless otherwise approved by the General Manager, The General Manager may
establish such terms and conditions for such approval as they consider
appropriate. Should such terms and conditions not be complied with the General
Manager may authorize a disconnection of the service connection from the City's
water distribution system.
(c)
In each case of land development where the property so developed will be
serviced by municipal water, the developer shall enter into an agreement with the
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City, dealing with the installation of watermains, and may include the installation
of water service connections to the various lots in the development.
(d)
In every case the General Manager shall determine the nature of the service
connection required, the size of pipe to be used for such purpose and the
position in the street in which such pipe shall be laid, having regard to sound
engineering principles.
(e)
When, in order to accommodate an Applicant, the General Manager permits any
variance from the standard practice in the area, the Owner shall be charged the
amount of the additional expense, if any, resulting from such variance.
(f)
Each Owner shall install all service connections and installations on their
property and maintain the same in good order and repair and fully protected from
frost, at their own expense.
(g)
No such service pipe shall be covered until inspected and approved by the
General Manager.
(h)
Where such approval is refused, the General Manager may turn off or refuse to
turn on the supply of water.
(i)
Unless specially authorized by the General Manager, no work shall be done by
employees of the City on the premises of any consumer except the placing of a
meter.
(j)
No work shall be done and no materials shall be placed on the premises or
property of any consumer in relation to the service connection unless approved
by the General Manager.
(2) Where the General Manager has caused the water service to be shut off because of
waste, a leak or a defect in a pipe or cock, the General Manager shall not cause the water
service to be turned on again until they shall have received evidence satisfactory to their that all
repairs that they consider necessary have been properly made.
(3) No person shall open or close a curb stop unless authorized by the General Manager.
Every person opening or closing a curb stop shall report such action to the City by the end of
the next succeeding business day.
(4) Upon application and after payment to the General Manger of the applicable fee,
determined in accordance with Schedule A of the City's Water Rates By-law, the City may direct
the thawing out of any service pipe that is frozen between the curb stop and the building
supplied.
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4.
In regard to prohibited uses and restrictions the following shall apply:
(a)
No person who is a tenant, occupant or inmate of any house, building or other
place supplied with water from the waterworks, shall 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 their own, increase
the supply of water agreed for or improperly waste the water.
(b)
The use of water for purposes of air conditioning shall be permitted only where
the air conditioning equipment provides for efficient cooling and recirculation of
the water within the air-conditioning system, and where there is no provision for
recirculation of the water the General Manager shall require the installation of the
necessary additional equipment.
(c)
No person shall tap into or make any improper connection with any of the public
or private pipes or mains in the streets or lanes, in any premises, or private
property, whereby water can be diverted for improper or unauthorized use.
(d)
No person shall in any way interfere with any fire hydrant, water meter, valve,
curb stop, pipe or other waterworks appliance.
(e)
No person shall use water from the municipal waterworks for lawn and
garden watering the City during the months of June, July, August and September
except as follows:
(i)
The owner or occupant of a property bearing an even street number may
use municipal water for lawn and garden watering only on even-
numbered days of the month;
(ii)
The owner or occupant of a property bearing an odd street number may
use municipal water for lawn and garden watering only on odd-numbered
days of the month; and
(iii)
The Mayor, in consultation with the General Manager, shall have the
authority to prohibit the use of water supplied by the municipal
waterworks throughout the entire system, or any part thereof, for lawn or
garden watering, or in other residential outside use, when in their opinion
such action is deemed necessary in the period of time they so specifies.
(e-1)
Despite sub-paragraphs 4(e)(i) and 4(e)(ii), the owner or occupant of a property
may use municipal water for watering freshly laid sod for up to 14 consecutive
days.
(f)
No person shall use water from the municipal waterworks for any outdoor use
including lawn and garden watering in the affected parts of the City during a
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period of water ban as may be declared by the Mayor and the General Manager
from time to time for portions or all of the City.
(g)
From the commencement of the giving of a fire alarm until the extinguishment of
the fire for which such alarm was given, no person in that area shall use water
supplied by the City for lawn watering or other outside purposes.
5.-(1) In regard to the operation and use of public fire hydrants the following shall apply:
(a)
No person shall at any time let off or use any water from a public fire hydrant
except:
(i)
a municipal firefighter, where water is required for fire protection
purposes; or
(ii)
a person who has written authorization from the General Manager
pursuant to Section 5.2 and in accordance with the terms and conditions
of the written authorization; or
(iii)
for operational testing authorized by the General Manager.
(b)
No person shall obstruct the free access to any public fire hydrant by placing on it
or close to it building material, earth, snow, rubbish or other obstructive matter,
nor shall any person conceal a fire hydrant with any type of building or shrubbery.
(c)
No person shall park an automobile, truck or vehicle of any description within a
distance of three metres of any public fire hydrant measured along the curb line
or along the shoulder of the roadway immediately adjacent to the public fire
hydrant.
Private Fire Hydrants
5.1
(a)
No person shall install a private fire hydrant unless the General Manager has first
approved:
(i)
the type of the private fire hydrant to be installed; and
(ii)
the manufacturer of the private fire hydrant to be installed.
(b)
The General Manager is authorized to approve or reject applications for
installation of a private fire hydrant based upon sound engineering principles.
(c)
The owner of any premises served with a private fire protection service shall
make provision for testing water lines from time to time to determine if leakage is
taking place.
(d)
The owner of any premises served with a private fire hydrant shall ensure that
each private fire hydrant on the fire ring is separately valved.
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(e)
The owner of any premises served with a private fire hydrant shall pay an annual
charge determined in accordance with Schedule "A" to the City's Water /
Wastewater Rates By-law as a contribution towards the cost to the City to inspect
and maintain the private fire hydrant. For the purposes of this By-law, the term
"private fire hydrant" shall be deemed to include any form of private stand pipe
system.
(f)
No person, including the owner of the property on which the private fire hydrant is
located shall operate a private fire hydrant except:
(i)
in the case of fire, for fire protection purposes; or
(ii)
in accordance with the terms and conditions of the written permission of
the General Manager granted under Section 5.2; or
(iii)
for operational testing conducted by or authorized by the General
Manager.
(g)
No person shall interfere with inspection or maintenance of the private fire
hydrant conducted by the City or its authorized personnel.
Use of Hydrant - Other than Firefighting
5.2-(1) In exceptional circumstances, as determined by the General Manager, the General
Manager is given the authority to provide written authorization for the use of a public fire hydrant
or a private fire hydrant for a purpose other than fire fighting and to establish and to set out in
the written authorization, the terms and conditions of such use.
(2) Any person authorized by the General Manager to use a private fire hydrant or public fire
hydrant shall pay a fee for the water based on the bulk
water rate determined in accordance with Schedule A to the City's Water / Wastewater Rates
By-law.
(3) Any hydrant permit issued under the City's Water / Wastewater Rates By-law prior to the
passage of this By-law is hereby revoked.
Bulk Water Filling Stations
5.3-(1) No person shall dispense water or attempt to dispense water at a Bulk Water Filling
Station except by use of a Prepaid Bulk Water Filling Station card issued by the City.
(2)
Every holder of a Prepaid Bulk Water Filling Station card shall comply with rules and
guidelines for use posted at the site of the Bulk Water Filling Station.
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(3)
Every holder of a Prepaid Bulk Water Filling Station card shall pay for water dispensed
from the Bulk Water Filling Station at the rates established in Schedule A to the City's Water /
Wastewater Rates By-law, through the reduction of the amount posted to the Prepaid Bulk
Water Filling Station card.
Prepaid Bulk Water Filling Station Cards
5.4-(1) Any person may apply for a Prepaid Bulk Water Filling Station card or to replace a lost of
stolen Prepaid Bulk Water Filling Station card by:
(a)
completing and signing an application in the form provided by the General
Manager;
(b)
providing such information or documentation as may be required by the General
Manager;
(c)
paying a non-refundable application fee determined in accordance with the
Water / Wastewater Rates By-law, Schedule A; and
(d)
paying to the City amount requested to be posted to the Prepaid Bulk Water
Filling Station card.
(2) In the case of the issuance of a replacement Bulk Water Filling Station card, the General
Manager shall cancel the originally issued card and transfer to the replacement card, any
balance then remaining to the credit of the card holder, as shown on the records of the City.
The City shall not be responsible for any use made of the lost or stolen card prior to its
cancellation.
(3) The General Manager is delegated the authority to issue Prepaid Bulk Water Station
cards and replacement cards in accordance with the guidelines herein.
(4) The holder of a Prepaid Bulk Water Station card shall be entitled to deposit additional
funds to its credit in accordance with the protocol established by the General Manager from time
to time.
6.
In regard to the installation, use, and operation of meters the following shall apply:
(a)
The General Manager shall cause a meter to be placed upon every service pipe
or connection either within or without the building serviced by such pipe or
connection, and may direct the manner of its installation with such requirements
as may be necessary to adequately protect the meter from damage. The Owner
will be required to maintain sufficient heat in buildings normally heated to prevent
damage to any meter located in such buildings.
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(a)(a) Only one meter will be placed on each service connection, (whether the service
pipe services a single building, a number of buildings or one or more multi-unit
buildings) unless otherwise approved by the General Manager. Additional City
meters will be provided only with the approval of the General Manager. The
General Manager may establish such terms and conditions for such approval as
they consider appropriate.
Should such terms and conditions not be complied with the General Manager
may require removal of all meters in excess of the one meter otherwise permitted
under this By-law and in the further event that the meters are not removed in
accordance with the direction of the General Manager, the General Manager may
authorize the disconnection of the service pipe from the City's water distribution
system.
(a)(b) Where required by the General Manager, the owner shall provide at the owner's
expense and to the satisfaction of the City, a combination meter in an
underground meter chamber or heated outbuilding on the property near the
property line. Such underground meter chamber or heated outbuilding shall be
built to City standards and maintained and kept accessible to the City at the
owner's own expense and to the satisfaction of the General Manager. Should
the owner fail to do so, the General Manager may authorize City forces to enter
and conduct any necessary work at the expense of the owner. Any such amount
shall be a debt owing to the City and recoverable by any means available to the
City at law
(b)
The General Manager shall have seals placed on meters and bypass valves. In
the event of seals being discovered to be broken, the General Manager will
investigate the reasons therefore and where theft of water is suspected, in
addition to any other action or remedy hereunder, the General Manager may
report to the City Council.
"(ba) The General Manager may direct and cause the replacement of a meter on a
service pipe or connection either within or without the building serviced by such
pipe or connection or the replacement of a remote or of any appurtenances, or
any combination thereof, at any time and may direct the manner of its
replacement and installation and impose such requirements as may be
necessary to adequately protect the meter from damage.
(bb)
The owner of a building serviced by a pipe or connection shall provide access to
or cause occupiers of the building or premises within, to provide access to the
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building or premises to allow for the replacement of a water meter, remote or
appurtenances, or any combination thereof and shall co-operate as required by
the General Manager, in any replacement of a meter, a remote or
appurtenances, authorized by the General Manager.
(c)
All meters installed of nominal size of 2" or less for domestic water service shall
be owned and maintained by the City.
(d)
Every Owner whose premises have a water connection that requires a meter of
nominal size larger than 2" shall provide at their own expense, a meter of a type
specified by the General Manager, which specification shall be based on sound
engineering practice and upon the practice common in the plumbing trade and
the City shall maintain such meter for the monthly service charge established in
the Water Rates By-law for a water meter of that size.
(e)
For the purposes of this subsection and subsections 6(c) and 6(d) the minimum
size of the meter shall be one size smaller than the service pipe (e.g., if a 2"
service pipe has been installed in a premises, the minimum size of meter to be
installed shall be nominal 1-1/2") except that the General Manager may permit
another size based on sound engineering practice.
(f)
If a meter fails to register accurately, the quantity of water consumed during the
period of such failure shall be estimated by the General Manager on the basis of
the recorded consumption following the installation of any accurate meter; the
Owner shall be liable for water charges based on this estimate.
(g)
Except where a person is responsible for damage to a meter by reason of
trespass or negligence, the General Manager shall bear the cost of repairing,
testing and maintaining meters serving domestic consumers.
(h)
The General Manager may remove and test any private meter or may permit the
owner of such meter to have the meter tested at their own expense and to the
satisfaction of the General Manager.
(i)
Every Plumber shall leave meter spacers and comply with the plumbing
requirements of the City. Meter spacers shall be left in an accessible location
having a minimum of 5 feet of headroom, located immediately adjacent to the
point at which the service connection enters the foundation.
(j)
At the request of any consumer, the General Manager shall test any meter at the
expense of such consumer, and such consumer shall pay to the City, in advance,
the estimated cost of such test. If the meter is found to be inaccurate, the City
shall refund such payment and shall adjust the current water meter accordingly.
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A meter will be deemed to be inaccurate if it errs more than 2% at high flows, 5%
at intermediate flows or 10% at low flows, these flows being as shown in Neptune
tests.
(k)
Where alterations are required to existing plumbing in the premises of a
consumer for purposes of installing a meter, such alterations shall be made by
the owner upon request by the General Manager at no cost to the City, and the
City shall not be held liable for any damages which may occur by reasons of
compliance with such request.
(l)
Industrial and commercial consumers requiring a meter over 2" in size will be
required to provide at their expense such meters which shall be of a type
commonly used in the City. If at any time a meter fails to register accurately, or
shall be removed for repair, renewal or any other purpose, the daily quantity of
water supplied during the period of such failure or removal shall be deemed to be
the average daily quantity supplied for the period immediately preceding such
failure or removal, or as the General Manager may determine. Except as
aforesaid, the register of the meter shall be prima facie evidence of the quantity
of water supplied hereunder.
6A.-(1) Despite anything to the contrary in this By-law or in any City policy, protocol or guideline,
upon application by an owner of a property, supported by such information, plan and
documentation as the General Manager may require to assess the application, the General
Manager may in their discretion, authorize the City to provide specified regulated maintenance
services under the Safe Drinking Water Act, 2002, S.0.2002, c.32 with respect to the
maintenance of a private service connection.
(2) In reaching their decision, the General Manager shall consider the available City
resources to accommodate the request for services.
(3) Where the General Manager authorizes the provision of specified regulated service
under subsection 6.A(1), the General Manager shall make the provision of such services
conditional on compliance with such terms and conditions as the General Manager considers to
be appropriate in the circumstances. Without limiting the generality of the foregoing, the General
Manager shall require payment of the applicable fees in accordance with the Water Rates By-
law.
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(4) In the event that the City gives notice of the termination of its regulated maintenance
services for any reason, the Owner shall again be responsible for all aspects of the
maintenance of the service connection, including the regulated maintenance services.
(5) Every owner of a property with a service connection shall, on request by the General
Manager, provide to the City, evidence of compliance with its obligations under the Safe
Drinking Water Act, 2002, S.0.2002, c.32."
7.
With regard to turning off of water supply the following shall apply:
(a)
The City may cause the supply of water to any premises to be shut off, and
withheld while an amount payable to the City by any person at the premises or
formerly at the premises is overdue and unpaid, whether such amount is for
services supplied to each person at such premises or for services supplied to
such persons at other premise and whether or not the water is metered;
(b)
The City may cause the supply of water to any premises to be shut off where an
amount payable to the City for water or services supplied at the premises
remains unpaid for more than thirty days after the days on which such amount
was due and payable;
(c)
Where the supply of water is shut off hereunder for failure to pay an amount that
is payable to the City, the General Manager shall not cause the supply to be
turned on until the amount is paid in full to the City and the service charge for
turning on water is paid to the City;
(d)
Water may be shut off by the City without notice for any reasonable cause,
including: repairs to the water system; constructing new work; to prevent
damage; to provide for proper pressure; breach of the owner's obligation to
provide access to a building or premise to replace a meter, remote or
appurtenances; or any other reason whatsoever including breach of any of the
provisions hereof, and the City shall not be liable for any damages of any kind
which result therefrom. It is understood that it is the intention of the City where
practicable, to give reasonable notice of such discontinuance of water to the
owners of boilers or their agents, if the City knows of the existence of such
boilers.
8.
The following general considerations shall apply:
(a)
The City does not guarantee the supply or quality of water, and failure to supply
water shall not be construed as neglect on the part of the City;
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(b)
Where the premises of an applicant for water service is not adjacent to a
watermain, the General Manager may:
(i)
accept the application; and
(ii)
cause temporary service pipes to be laid at the expense of the applicant
from the nearest watermain to the premises, if the applicant pays to the
City, in advance, the total amount of such expense and the connection
charge determined in accordance with the City's Miscellaneous User Fee
By-law then in effect, and agrees in writing:
1)
that they will actively support an application for the construction of
a watermain to service their premises; and
2)
that their failure to actively support such application will provide
sufficient grounds for the City discontinuing the temporary water
service;
(c)
Where an owner or their agent is desirous of improving fire protection to their
property, separate fire and domestic services may be provided for any building,
except that:
(i)
an entirely metered service may be used for both domestic and fire
service;
(ii)
a combined service with meter on the domestic branch only may be used
where the fire service branch is used solely for supply of a closed circuit
sprinkler system controlled by alarm valves or supervisory service; or
(iii)
a combined service with standard meter on the domestic branch and a
detector checkvalve of a type approved by the National Board of Fire
Underwriters on the fire service branch where the fire service branch
supplies any open sprinkler systems, standpipes, hose connection
outlets, external fire hydrants or other outlets. In all cases involving
metering of combined services, the meters shall be installed as close as
practicable to the point of branching;
(d)
If required by the General Manager, every person who furnishes the General
Manager with a statement or information in respect of a quantity of water used or
to be used for the purpose for which water is to be used, shall verify such
statement or information by a statutory declaration.
9.-(1) All owners of buildings or any class or classes of buildings in the City shall connect the
said buildings or class or classes of buildings to the waterworks of the municipality where such
services are available or become available.
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(2) If the owner of a building fails to make the connection required by this By-law within
three months after the City has sent notice to their by registered mail to their last known address
requiring the connection to be made, the City shall make
the connection at the expense of the owner, and for this purpose, may enter in and upon the
property of the owner.
(3) A notice sent under this section shall advise the owner that if they fail to make the
connection as required, the City has the right to make the connection at the owner's expense
and to recover the expense by action or in like manner as municipal taxes, and the General
Manager and Chief Financial Officer / Treasurer are hereby authorized to take such action.
(4) Upon the application of the owner, the Council may grant an extension of not more than
two years from the end of the three month period provided for in Subsection 9 (2) above within
which the connection is to be made, provided that nor more than two extensions may be
granted in respect of any single building.
Enforcement - No Obstruction Etc.
10.-(1) This By-law may be enforced by any By-law Enforcement Officer.
(2) No person shall hinder or obstruct, or attempt to hinder or obstruct, any person
exercising a power or performing a duty under this By-law.
Offence
11.-(1) Every person who contravenes any of the provisions of this By-law and any director or
officer of a corporation who knowingly concurs in such contravention is guilty of an offence and
on conviction is liable to a fine as provided for in the Provincial Offences Act.
(2) For the purposes of subsection 11(1), each day on which a person contravenes any of
the provisions of this By-law shall be deemed to constitute a separate offence under this By-law.
(3) The levying and payment of any fine as provided for under the Provincial Offences Act
shall not relieve a person from the necessity of compliance with the obligations under this By-
law.
(4) The making of a false or intentionally misleading statement or representation in any
agreement or request for permission provided for by this By-law shall be deemed to be a
violation of the provisions of this By-law.
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Prohibition Order
12.
When a person has been convicted of an offence under this By-law, the Ontario Court
(Provincial Division), or any court of competent jurisdiction thereafter may, in addition to any
other penalty imposed on the person convicted, issue an order prohibiting the continuation of
the offence or doing of any act or thing by the person convicted directed towards the
continuation of the offence.
Right of Entry - Inspection
12.1-(1) A By-law Enforcement Officer may enter on private property at all reasonable times to
ascertain whether there is compliance with:
(a)
the provisions of this By-law; or
(b)
a direction or order or notice given under this By-law.
(2) Despite subsection 12.1(1), entry into a dwelling unit shall be effected only in
accordance with the Municipal Act, 2001.
Order to Discontinue
12.2
Where the By-law Enforcement Officer is satisfied that a contravention of this By-law has
occurred, the By-law Enforcement Officer may make an order requiring the person who
contravened this By-law or who caused or permitted the contravention to discontinue the
contravening activity. The order shall set out reasonable particulars of the contravention, and
where applicable, the location of the land on which the contravention is occurring and the date
by which there must be compliance.
Order to Comply
12.3-(1) Where the By-law Enforcement Officer is satisfied that a contravention of this By-law
has occurred, an order may be made requiring the person who contravened this By-law or who
caused or permitted the contravention to correct the contravention. The order shall set out:
(a)
reasonable particulars of the contravention;
(b)
particulars of the location where the contravention occurred, where applicable;
(c)
any work to be done or steps to be taken to comply with this By-law;
(d)
the date by which the work must be done or steps taken; and
(e)
provide that if any work specified is not completed by the date specified to the
satisfaction of the By-law Enforcement Officer, that the By-law Enforcement
Officer may cause the work to be done at the expense of the owner.
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(2) Pursuant to subsection 445(3) of the Municipal Act, 2001, as amended, an order
pursuant to subsection 12.3(1) may require the work to be done even though the facts which
constitute the contravention of the By-law were present before this By-law making them a
contravention came into force.
Service of Orders
12.4
Service of an Order issued under section 12.2 or subsection 12.3(1) shall be given to
each person, by delivering personally to the person, in which case service will be effective
immediately; by mail, in which case service will be effective on the 5th day after mailing; or by
posting in a conspicuous place on the property affected, in which case, service will be effective
on the 3rd day after posting.
Comply with Order
12.5
Every person who is served with an order under this By-law shall comply with the
requirements of the order within the time period specified in the order.
Attendance Fees
12.6-(1) Enforcement fees shall be payable in accordance with the provisions of the User Fees
By-law then in effect.
(2) Any fee payable pursuant to subsection 12.6(1) shall be in addition to:
(a)
any fine levied upon conviction of an offence under this By-law; and
(b)
any costs incurred for remediation.
(3) No fee payable pursuant to subsection 12.6(1) shall be waived or cease to be payable in
the event that no charge is laid or a charge that is laid does not lead to a conviction.
City May Remediate - Liability
13.
Where a Permit Holder is in default of doing the matter or thing required to be done
pursuant this By-law the General Manager may have the matter or thing done and the cost
thereof shall be a debt owing to the City and if unpaid, shall bear interest at the rate provided for
in the City's Miscellaneous User Fee Bylaw until payment in full. The City may enforce such
debt by action, or any means available to it at law.
Repeal
14.-(1) By-law 2003-119 is repealed.
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(2) The repeal of By-law 2003-119 does not affect any offence committed against the By-
law so repealed or any penalty or forfeiture or punishment incurred in respect thereof; or affect
any investigation, legal proceeding or remedy in respect of such privilege, obligation, liability,
penalty, forfeiture or punishment.
15.
This By-law shall come into effect upon passage.
READ AND PASSED IN OPEN COUNCIL this 29th day of September, 2010
Mayor
Clerk
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