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City of Markham
Ontario
By-law 2019-53
A BY-LAW TO ENACT RULES AND REGULATIONS COVERING THE
CONSTRUCTION, OPERATION AND MAINTENANCE OF A
WATERWORKS SYSTEM WITHIN THE SERVICED AREA OF
THE CITY OF MARKHAM
(Table of Contents Included)
As of May 2019
By-law 2019-53
Table of Contents
PREAMBLES..................................................................................................1
1.
DEFINITIONS ......................................................................................................................... 2
2
APPLICATION OF BY-LAW ................................................................................................ 7
3
ADMINISTRATION OF BY-LAW ........................................................................................ 7
3.0 Waterworks System Construction, Operation and Maintenance ....................................... 7
3.1 Water Rates, Charges and Revenues Responsibilities....................................................... 8
3.2 By-law Administration and Enforcement .......................................................................... 9
4
USE AND RECEIPT OF WATER .......................................................................................... 9
5
ESTABLISHMENT AND DISCONTINUANCE OF WATER SERVICE ACCOUNT ....... 9
5.0 Establishment of Water Service Account .......................................................................... 9
5.1 Discontinuance of Water Service Account ........................................................................ 9
6
WATER SERVICE CONNECTIONS .................................................................................. 10
6.0 Application for Water Service Connections .................................................................... 10
6.0.0 All Water Service Connections require City Approval ......................................... 10
6.0.1 Application for Water Service Connection ............................................................ 10
6.0.2 Application refused by the City ............................................................................. 11
6.0.3 Temporary Water Service Connections ................................................................. 11
6.0.4 Water Service During Construction ....................................................................... 11
6.1 Installation of Water Service Connections ...................................................................... 12
6.1.0 Installation by the City ........................................................................................... 12
6.1.1 Installation by the Owner ....................................................................................... 12
6.1.2 Connection or Water Service Connection Installation rejected by the City .......... 13
6.1.3 Pre-installed Water Service Connections .............................................................. 13
6.2 Costs of Water Service Connections ............................................................................... 13
6.3 Water Service Operation and Maintenance - By the City ............................................... 14
6.4 Number of Water Service Connections ........................................................................... 14
6.5 Replacement of Water Service Connections ................................................................... 15
6.6 Existing Water Service Connection or Pre-serviced Lot ................................................. 15
6.6.0 Existing Water Service Connection to be turned off prior to demolition .............. 15
6.6.1 Existing Water Service Connection to be re-used ................................................. 15
6.6.2 Re-use of existing Water Service Connection not permitted ................................. 15
6.6.3 Existing Water Service Connection to be disconnected ........................................ 15
6.7 Private Water Service Pipes and Private Fire Service Mains .......................................... 16
6.7.0 Installation by the Owner ....................................................................................... 16
6.7.1 Private Fire Protection Systems in Buildings ........................................................ 16
6.7.2 Private Water Service Pipe Sizes and Materials .................................................... 16
6.7.3 Maintenance Responsibilities ................................................................................ 16
6.7.4 Investigation and Repair of Leakage on Private Water System ............................ 17
6.8 Frozen Water Service Connection/Private Water Pipes .................................................. 17
6.9 Vacant or unheated Properties ......................................................................................... 18
6.10 Tests and Disinfection .................................................................................................. 18
7
WATER METER ................................................................................................................... 19
7.0 Water to Be Metered ........................................................................................................ 19
By-law 2019-53
7.0.0 Water to Be Metered .............................................................................................. 19
7.0.1 Water Meters - City Property ................................................................................ 20
7.0.2 Private Water Meters - Not the City's Responsibility; not used for the City's
Water billing purposes .................................................................................................... 20
7.0.3 Sprinkler Meter for Irrigation System ................................................................... 20
7.1 Water Meter Installation .................................................................................................. 21
7.1.0 Installation of Residential Water Meter ................................................................. 21
7.1.1 Installation of ICI and Multi-Residential Water Meter ......................................... 21
7.1.2 Supply of Water Meter .......................................................................................... 22
7.1.3 Application for Water Meter - (Only for Infill Home, ICI and Multi-Residential ..
Water Meter Application) ............................................................................................... 22
7.1.4 Size of Water Meter ............................................................................................... 23
7.1.5 Water Meter Loss or Damage ................................................................................ 23
7.1.6 Notification by Owner .................................................................................................. 23
7.1.7 Provision for Installing a Water Meter .................................................................. 23
7.1.8 Water Meter By-Pass Piping ................................................................................. 23
7.1.9 Water Meter Chamber ........................................................................................... 24
7.2 Water Meter Inspection ................................................................................................... 25
7.2.0 Water Meter Inspection and Sealing ...................................................................... 25
7.2.1 Water Meter Access ............................................................................................... 25
7.2.2 Water Meter Interference Prohibited ..................................................................... 26
7.3 Water Meter Maintenance ............................................................................................... 27
7.3.0 Maintenance of Water Meter Appurtenances and Piping ...................................... 27
7.3.1 Maintenance of Chambers ..................................................................................... 27
7.3.2 Water Meter Accuracy ........................................................................................... 28
7.3.3 Water Meter Relocation ......................................................................................... 29
7.3.4 Water Meter Leaks ................................................................................................ 30
7.3.5 Water Meter Replacement ..................................................................................... 30
7.4 Water Meter Removal due to Building Demolition ........................................................ 31
7.5 Unmetered Fire Line ........................................................................................................ 32
8
WATER TURN OFF / TURN ON ........................................................................................ 32
8.0 Water Turn off by Request .............................................................................................. 32
8.1 Water Turn on by Request ............................................................................................... 33
8.2 Water Turn off / Reduction of Water supply by the City ................................................ 33
9
FIRE HYDRANTS ................................................................................................................ 34
9.0 Public Fire Hydrants ........................................................................................................ 34
9.1 Private Fire Hydrants ....................................................................................................... 35
9.2 Fire Hydrant Flow Tests .................................................................................................. 35
9.3 Fire Hydrant Permits ....................................................................................................... 35
9.4 Fire Hydrant Relocation .................................................................................................. 36
9.4.0 Application and Cost of Relocation ....................................................................... 36
9.4.1 Construction and Payment ..................................................................................... 36
10 WATER USE RESTRICTION .............................................................................................. 37
10.0 Lawn Watering Restriction .......................................................................................... 37
10.1 Water Use Restriction Order ........................................................................................ 37
By-law 2019-53
11 MISCELLANEOUS REQUIREMENTS .............................................................................. 38
11.0 Private Water Supply System ....................................................................................... 38
11.0.0 Conversion from Private Well Supply to the Waterworks System ..................... 38
11.0.1 Prohibition of New Private Well within Municipal Water Service Areas ........... 38
11.1 Steam Boilers ............................................................................................................... 39
11.2 Water-Cooled Air-Conditioning Systems .................................................................... 39
12 BILLINGS AND COLLECTION OF ACCOUNTS ............................................................. 39
12.0 Changes of occupancy and Consumer information must be reported .......................... 39
12.1 Non-Metered and Metered Accounts ........................................................................... 39
12.2 Regular Billings ............................................................................................................ 39
12.3 Final Billings ................................................................................................................ 40
12.4 Water Meter does not record properly or cannot be read − Estimated Consumption .. 40
12.5 Water Meters without Remote Readout Unit ............................................................... 40
12.6 Charges for late payment .............................................................................................. 40
12.7 Notice of non-payment ................................................................................................. 40
12.8 Records of Non-payment.............................................................................................. 41
12.9 Collection of non-payment from the Property Owner.................................................. 42
12.10 Water Turn off or Reduction for Non-payment ........................................................... 41
12.11 Water Arrears collected as a lien on Property .............................................................. 42
13 CONTACT INFORMATION................................................................................................ 42
14 POWERS OF ENTRY ........................................................................................................... 42
15 ENFORCEMENT .................................................................................................................. 44
16 OFFENCES ........................................................................................................................... 44
17 PENALTY PROVISIONS ..................................................................................................... 44
17.1 Proceeds of Fines.......................................................................................................... 45
17.2 Unpaid Fines ................................................................................................................ 45
18 ADMINISTRATIVE PENALTIES ....................................................................................... 45
19 GENERAL BY-LAW ENFORCEMENT POWERS ............................................................ 45
19.0 Order to Discontinue Activity ...................................................................................... 45
19.1 Work Order .................................................................................................................. 45
19.2 Remedial Action .......................................................................................................... 46
20 NOTICE/SERVICE ............................................................................................................... 46
21 FEES ...................................................................................................................................... 46
21.0 Service Fees .................................................................................................................. 46
21.1 Water By-law Prosecution Brief Preparation Fee ........................................................ 46
21.2 Recovery of Costs ........................................................................................................ 46
22 GENERAL PROVISIONS .................................................................................................... 46
23 BY-LAW WORDING ........................................................................................................... 47
24 SEVERABILITY ................................................................................................................... 47
25 REPEAL ................................................................................................................................ 47
26 INTERPRETATION ............................................................................................................. 47
27 SHORT TITLE ...................................................................................................................... 47
28 EFFECTIVE DATE ............................................................................................................... 47
By-law 2019-53
A By-law to Enact Rules and Regulations Covering the
Construction, Operation and Maintenance of a Waterworks
System within the serviced area of the City of Markham
WHEREAS The Corporation of the City of Markham (hereinafter referred to as the
"City") is a lower-tier municipality within the Regional Municipality of York in the
Province of Ontario;
AND WHEREAS subsection 11(3) and (4) of the Municipal Act, 2001, S.O. 2001 c.
25, as amended (hereinafter referred to as the "Municipal Act"), authorizes lower tier
municipalities to pass by-laws respecting public utilities including systems that
distribute Drinking Water;
AND WHEREAS the City has certain responsibilities for the distribution of
Drinking Water within the jurisdiction of the City of Markham;
AND WHEREAS the City is deemed to be the "water purveyor" as defined in
subsection 1.4.1.2 (1) (b) of the Ontario Building Code;
AND WHEREAS Part 7 of the Ontario Building Code, as amended, authorizes a
municipality to regulate the connection of individual water services to a municipal
potable water system;
AND WHEREAS subsection 7.6.1.3 (5) of the Ontario Building Code states that
"Where the water supply is to be metered, the installation of the meter, including the
piping that is part of the meter installation and the valving arrangement for the meter
installation, shall be according to the water purveyor's requirements";
AND WHEREAS subsection 80 (1) of the Municipal Act, authorizes a municipality,
at reasonable times, to enter on land to which it supplies a public utility,
(a) to inspect, repair, alter or disconnect the service pipe or wire, machinery,
equipment
and other works used to supply the public utility; or
(b) to inspect, install, repair, replace or alter a public utility meter.
AND WHEREAS subsection 80 (2) of the Municipal Act authorizes a municipality
to shut off or reduce the supply of a public utility to the land for the purposes of
subsection 80 (1);
AND WHEREAS subsections 81 (1) and (2) of the Municipal Act authorize a
municipality to shut off the supply of a public utility to land if fees or charges
payable by the Owners or Occupants of the land for the supply of the public utility
are overdue, upon providing reasonable notice of the proposed shut off to the
Owners and Occupants;
AND WHEREAS subsection 82 (1) of the Municipal Act provides that a
municipality is not liable for damages caused by the interruption or reduction of the
amount of a public utility supplied to the land of any Person as a result of an
emergency or a breakdown, repair or extension of its public utility if, in the
circumstances, reasonable notice of its intention to interrupt or reduce is given;
AND WHEREAS subsection 91 (9) of the Municipal Act authorizes a municipality
to enter upon land to repair and maintain its public utilities;
AND WHEREAS the Council of the Corporation of the City of Markham deems it
expedient to have water restrictions for certain classes of Property within the
serviced area of the City of Markham;
AND WHEREAS subsection 391 (1) of the Municipal Act provides that a
municipality may pass by-laws imposing fees or charges on Persons for services or
activities provided or done by or on behalf of it;
By-law 2019-53
Page 2
AND WHEREAS subsection 398 (1) of the Municipal Act provides that fees and
charges imposed by a municipality on a Person constitute a debt of the Person to the
municipality;
AND WHEREAS subsection 398 (2) of the Municipal Act states that a municipality
may add fees and charges to the Tax Roll of the Property to which the public utility
is supplied and collect them in the same manner as municipal taxes and such fees
shall have priority lien status;
AND WHEREAS subsection 425 (1) of the Municipal Act authorizes a municipality
to pass by-laws providing a Person who contravenes it is guilty of an offence and
subsection 429 (1) authorizes the establishment of a system of fines for offences
under a by-law of the municipality;
AND WHEREAS section 434.1 of the Municipal Act provides that a municipality
may require a Person to pay an Administrative Penalty if the municipality is satisfied
that a Person has failed to comply with a by-law of the municipality passed under the
Municipal Act;
AND WHEREAS section 434.2 (1) of the Municipal Act provides that an
Administrative Penalty imposed by a municipality on a Person constitutes a debt of
the Person to the municipality;
AND WHEREAS sections 435 and 437 of the Municipal Act provides for
conditions governing the power of entry of a municipality;
AND WHEREAS subsection 436 (1) of the Municipal Act authorizes a municipality
to pass by-laws providing that a municipality may enter on land at any reasonable
time for the purpose of carrying out an inspection to determine whether or not a by-
law, direction or order of the municipality is being complied with;
AND WHEREAS section 444 of the Municipal Act authorizes a municipality to
make an Order requiring the Person who contravened a by-law or who caused or
permitted the contravention or the Owner or Occupier of the land on which the
contravention occurred to discontinue the activity and any Person who contravenes
such Order is guilty of an offence;
AND WHEREAS section 445 authorizes a municipality to make an Order requiring
the Person who contravened the by-law or who caused or permitted the
contravention or the Owner or Occupier of the land on which the contravention
occurred to do the work to correct the contravention;
AND WHEREAS section 446 authorizes a municipality to direct or require a Person
to do a matter or thing and in default of it being done, the matter or thing shall be
done at that Person's expense and the municipality may collect the costs from the
Person required to do it by action or by adding the costs to the Tax Roll and
collecting them in the same matter as municipal taxes;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
CITY OF MARKHAM HEREBY ENACTS AS FOLLOWS:
1. DEFINITIONS
1.0
For the purpose of this By-law, the following definitions and
interpretations shall govern:
1) "Account" means the record of Water consumption and all fees and
charges relating to a Property;
2) "Administrative Penalty" means an administrative penalty established
by the City By-law No. 2016-84, as amended;
3) "Advanced Metering Infrastructure (AMI)" means all aspects related
to collection, transmission, storage and monitoring of consumption,
diagnostic and status data from metering devices by an automatic two-
way metering infrastructure including the related equipment, software
and hardware as adopted by the City from time to time for the purposes
of billing, data analysis and remote utility management;
By-law 2019-53
Page 3
4) "AMPS By-law for Non-Parking Offences" means the City By-law
No. 2016-84, a by-law to implement an Administrative Monetary Penalty
System for Non-Parking Offences, as amended from time to time;
5) "Applicable Law" means any applicable federal, provincial or municipal
laws, statutes, by-laws, rules, regulations, Orders, directives and codes
including the Ontario Building Code and Fire Code as amended from
time to time;
6) "Applicant" means any Person who makes an application under this By-
law;
7) "Automatic Meter Reading (AMR)" means all aspects related to
collection, transmission and storage of consumption data from metering
devices by an automatic system including the related equipment,
software and hardware as adopted by the City from time to time for the
purposes of billing and data analysis;
8) "AWWA Standards" means the standards adopted by the American
Water Works Association, as amended from time to time;
9) "Back Charges" means additional charges added to an Account to
correct deficiencies, arising out of or in relation to a stopped Water
Meter, illegal connections, Water Meter in by-pass, tampered Water
Meter, opened by-pass valve, Water Meter Reversal, incorrect Water
Meter conversion multiplier, non-sewer charges, and other applicable
situations which may cause the City to lose water sale revenue because
of improper use of Water, Water Meters or the Waterworks System;
10) "Backflow" means a flowing back of or reversal of the normal direction
of flow of water, as defined by the Ontario Building Code, as amended;
11) "Backflow Preventer" means a device or method that prevents
Backflow in a water distribution system, as defined by the Ontario
Building Code, as amended;
12) "Building" means a structure as defined by subsection 1 (1) of the
Building Code Act, 1992, S.O. 1992, c.23, as amended;
13) "Business Day" means any working day, Monday to Friday inclusive,
but excludes public holidays as defined in Part I of the Employment
Standards Act, 2000, S.O. 2000, c.41, as amended;
14) "Chief Building Official" means the chief building official appointed by
Council for the purpose of enforcement of the Building Code Act, 1992,
S.O. 1992, c.23, as amended, or their designate;
15) "City" means the Corporation of the City of Markham and includes its
employees, Municipal Law Enforcement Officers, and authorized agents
and contractors retained to act on the City's behalf ;
16) "City Standards and Specifications" means the City's Engineering
Design Criteria, Engineering Standard Drawings and Municipal
Inspection & Construction Guidelines, as amended from time to time or
any other document superseding or replacing it;
17) "Consumer" means any or all of the Owner, Occupier, Developer or
Builder of a Property which is serviced by, connected to or uses the
Waterworks System;
18) "Continuing Offence" means a Person can be charged with a separate
offence for each day on which the offence was committed or continued;
19) "Council" means the Council of the Corporation of the City of
Markham;
20) "Developer or Builder" means the Owner or Person who has entered
into an agreement with the City for the purposes of permitting
development or construction to occur on a Property or land, which
includes but is not limited to subdivision and site plan agreements
By-law 2019-53
Page 4
entered into pursuant to the Planning Act, R.S.O. 1990, c. P. 13, as
amended; or the Owner or Person to whom a building permit has been
issued by the City pursuant to the Building Code Act, 1992, S.O.1992,
c23, as amended;
21) "Director of Engineering" means the person designated as the Director
for the Department of Engineering of the City or their designate;
22) "Director of Environmental Services" means the person designated as
the Director for the Department of Environmental Services of the City or
their designate;
23) "Drinking Water" means water intended for human consumption as
defined by subsection 2 (1) of the Safe Drinking Water Act, 2002, c.32,
as amended;
24) "Fee By-law" means the City By-law No.2002-276, a by-law to impose
fees or charges for services or activities provided or done by the City, as
amended from time to time;
25) "Fire Chief" means the person appointed by the Council and who is
responsible for the delivery of fire protection services in the City
pursuant to the Fire Protection and Prevention Act, 1997, S.O. 1997, c.
4, as amended, or their designate;
26) "Fire Code" means Ontario Regulation 213/07 of the Fire Protection and
Prevention Act, 1997, S.O. c.4, as amended or any successor thereto;
27) "Fire Protection System" means an assembly of pipes, valves,
appurtenances and fittings that conveys Water from the Private Fire
Service Main to the private fire hydrants(s), the fire sprinkler system or
the standpipe and hose system, or any combination of the foregoing in or
outside the building;
28) "ICI" means industrial, commercial and institutional, including mixed
use Buildings which contain at least one of an industrial, commercial or
institutional use;
29) "Infill Home" means a new home built on a vacant lot, a severed lot or
on a lot where an existing structure is demolished;
30) "Irrigation System" means fixed equipment, which includes sprinkler
heads, piping and other components that are used primarily to apply
Water to vegetation;
31) "Licensing, Permit and Service Fees By-law" means the City By-law
No.2012-137, a by-law to establish licenses fees and to impose fees or
charges on Persons for services or activities provided or done by or on
behalf of the City, as amended from time to time;
32) "Multiple Offence" means an offence in respect of two or more acts or
omissions each of which separately constitutes an offence and is a
contravention of the same provision of a by-law;
33) "Multi-Residential" includes apartment buildings, residential
condominium buildings, and townhouse condominium blocks;
34) "Municipal Law Enforcement Officer" means an employee of the City
who has been appointed to enforce the City By-laws or a member of the
York Regional Police;
35) "Occupancy Certificate or Occupancy Permit" means documents
issued by the Department of Building Standards of the City confirming a
Building's compliance with prescribed standards set out in the Ontario
Building Code;
36) "Occupier" or "Occupant" includes a Person residing on or in a
Property; a Person entitled to the possession of the Property; a tenant or
leaseholder; and, where that Person is a corporation, shall include the
officers, directors and shareholders of that corporation;
By-law 2019-53
Page 5
37) "Ontario Building Code" means Ontario Regulation 332/12, of the
Building Code Act, 1992, S.O. c.23, as amended or any successor
thereto;
38) "Ontario Drinking Water Quality Standards" means Ontario
Regulation 169/03 under Safe Drinking Water Act, 2002, S.O.2000,
c.32, as amended or any successor thereto;
39) "Order" includes a Notice, Work Order, Order to Comply, and Order to
Discontinue issued by the City;
40) "Owner" means a Person who is the registered owner of a Property or
who has any right, title, estate, or interest in a Property, other than that of
only an Occupant and, where that Person is a corporation, shall include
the officers, directors and shareholders of that corporation, and shall
include any Person with authority or power over or control of that
Property on the behalf of an Owner. An Owner includes a Developer or
Builder;
41) "Person" means an individual, sole proprietorship, partnership,
municipality, unincorporated association, unincorporated organization,
corporation, trustee, heir, executor, administrator or other legal
representative, Owner or Occupier of a Property, and includes an agent
or employee of any of them;
42) "Plumbing" means a water system, drainage system and a venting
system or parts thereof as defined in subsection 1 (1) of the Building
Code Act, 1992, S.O.1992,c.23, as amended;
43) "Private Fire Service Main" means pipes, fittings and appurtenances
that convey Water from the Water Service Connection for the purpose
of fire protection or suppression only to all points in a fire protection or
suppression system;
44) "Private Water Meter" means a Water Meter which is not owned,
serviced or maintained by the City;
45) "Private Water Service Pipe" means the pipe and fittings owned by an
Owner of Property that convey Water from the Water Service
Connection to a Water Meter, or to the point where the pipe and fittings
connected to the Water Service Connection enters a Building or structure
if there is no Water Meter;
46) "Private Water System" means an assembly of pipes, fittings, valves,
equipment and appurtenances owned by an Owner of Property that
convey Water from the Private Water Service Pipe to Water supply outlets,
fixtures, Plumbing appliances, devices and appurtenances and all other
points downstream of the Water Meter or downstream of the point where
the Private Water Service Pipe enters a Building or structure if there is no
Water Meter;
47) "Professional Engineer" means an engineer experienced in municipal
works, registered with the Association of Professional Engineers
Ontario, possessing a current valid license to practice professional
engineering as required by the Professional Engineers Act, R.S.O.1990,
as amended or any successor thereto, and working for a consulting
engineering company registered through a Certificate of Authorization to
undertake engineering work;
48) "Property" means one house, one Building, one structure, one lot or
block on a plan of subdivision or one parcel of land within the City
which has a unique municipal address and is adjacent to the Waterworks
System;
49) "Qualified Person" means an individual who holds a Drinking Water
System Operator's certificate under Ontario Regulation 128/04
(Certification of Drinking Water System Operators and Water Quality
By-law 2019-53
Page 6
Analysts) of the Safe Drinking Water Act, S.O.2002, c.32, as amended or
any successor thereto;
50) "Remote Readout Unit" means any device which is used to record or
transmit the meter register reading of a Water Meter whether or not it is
installed at a separate location from the Water Meter but does not
include the Water Meter register;
51) "Renovated Building" means any Building or structure where the
Plumbing or piping around or adjacent to a Water Meter is changed or
altered after the Water Meter is installed;
52) "Road Allowance" means any right of way for the purpose of a road
dedicated to the City or Regional Municipality of York;
53) "Safe Drinking Water Act" means the Safe Drinking Water Act,
S.O.2002, c.32, as amended or any successor thereto
54) "Single-Residential" includes detached, linked, semi-detached houses
and free hold townhouses, but excludes Multi-Residential uses;
55) "Sprinkler Meter" is a part of the Waterworks System and means any
Water Meter which is installed separately for the purpose of metering
water used by irrigation systems;
56) "Street Line" means the boundary of a Property abutting a Road
Allowance;
57) "Tax Roll" means a listing of all taxable property in the City for a given
year;
58) "Temporary Water Service Connection" means a water supply pipe
which is installed for a specific short term purpose;
59) "Treasurer" means the Treasurer of the City or his/her designate;
60) "Vacant" means a vacant or an unoccupied Property regardless of the
length of time the Property has been left unattended or not inhabited;
61) "Valve Box" is a part of the Waterworks System and means the vertical
pipe and cap installed over an underground valve in the Waterworks
System which allows the said valve to be operated from ground level;
62) "Valve Chamber" is a part of the Waterworks System and means the
underground structure housing a valve in the Waterworks System which
permits access to and operation of the said valve from ground level;
63) "Water" means Drinking Water;
64) "Water Bill" means the charge that is made to the Consumer for the
City's water and wastewater services which are billed by the City or any
authorized agents acting on behalf of the City of Markham;
65) "Watermain" means a pipe forming part of the Waterworks System that
conveys municipal Water supply to Water Service Connections;
66) "Water Meter" is a part of the Waterworks System and means the
meter read, serviced, maintained or supplied by the City to measure the
quantity of Water consumed at, in or upon a Property;
67) "Water Meter Chamber" is a part of the Waterworks System and
means the underground structure housing a Water Meter which is located
within three (3) meters of the Street Line;
68) "Water Meter Replacement Program" means an annual capital
program implemented by the City to replace Water Meters at or near the
end of their lifespan of approximately twenty (20) years. This proactive
annual program reduces maintenance costs, and risks of water leaks at
the meter, and provides an accurate measurement of Water consumed or
wasted by the Consumer;
By-law 2019-53
Page 7
69) "Water Rates" includes "water rate" and "flat rate water charge" as set
out in the Fee By-law;
70) "Water Service Box" is a part of the Waterworks System and means
the vertical pipe and cap installed over the Water Shut Off Valve and
stem on the Water Service Connection;
71) "Water Service Connection" is a part of the Waterworks System and
means the pipes, fittings and appurtenances used for the purpose of
supplying a Property in the City of Markham with Water from the
Waterworks System and is located between the Street Line and the
Watermain or between the Water Service Box and the Watermain;
72) "Water Shut Off Valve" is a part of the Waterworks System and
means the valve on the Water Service Connection owned and used by the
City to turn off or turn on the Water supply from the Waterworks System
to any Property;
73) "Water Use Restriction Order" means a ban or other restrictions put
into effect that restricts the outdoor use of Water;
74) "Waterworks System" means the municipal drinking water system
which is owned and operated by the City licensed pursuant to the Safe
Drinking Water Act, S.O.2002, c.32, as amended;
75) "Waterworks User Fees" means waterworks fees, charges and rates as
set out in the Fee By-law, but not including Water Rates;
76) "Well" means an excavation or structure created in the ground by
digging, driving, boring, or drilling to access groundwater;
77) "Wells Regulation" means Ontario Regulation 903 under Ontario Water
Resources Act, R.R.O. 1990, as amended or any successor thereto;
78) "Work" means all construction, operation and maintenance activities
related to the Waterworks System.
2 APPLICATION OF BY-LAW
2.0
This By-law shall apply to
2.0.0
Every Person using or drawing Water from the Waterworks
System;
2.0.1
The Owner or Occupier of every Property upon which Water is
used, unless the Water being used is not supplied by the
Waterworks System; and
2.0.2
All Properties with a connection to the Waterworks System
whether metered or not, and whether the connection is permanent
or temporary.
3 ADMINISTRATION OF BY-LAW
3.0
Waterworks System Construction, Operation and Maintenance
3.0.0
The City shall be responsible for the construction, operation and
maintenance of the Waterworks System in accordance with all
Applicable Law including but not limited to the Safe Drinking
Water Act.
3.0.1
The City shall become the operator of a water system that is
built within the Road Allowance as part of a subdivision by a
Developer or Builder with the approval of the City, once the
water system has been put into service even if it has not yet been
assumed by the City.
3.0.2
The City shall be responsible for the administration of the
Waterworks System including Water Meter installation, Water
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Meter maintenance and testing, and Water Meter Replacement
program.
3.0.3
The administration of the installation of new, renovated or
altered Private Water Service Pipes, Private Fire Service Mains,
Private Water Systems and appurtenances thereto, and Backflow
Preventers on private Property is the responsibility of the City's
Chief Building Official pursuant to the Ontario Building Code.
3.0.4
The City shall be authorized to inspect all existing Private Water
Service Pipes, Private Fire Service Mains, Private Water Systems
and appurtenances thereto, and Backflow Preventers located and
installed on private Property.
3.0.5
Any Person who has undertaken or caused or permitted to be
undertaken any construction or work, whether authorized or
approved by the City or not, and which is located under, over,
across or along any Watermain or other part of the Waterworks
System shall be liable to the City for any damage caused by such
construction or work. The Person shall notify the City
immediately of any damage and the City will undertake the repair
of any such damage and all costs for the repairs including but not
limited to any overhead and administrative fees as set out in the
Fee By-law, incurred by the City shall be the responsibility of
such Person.
3.0.6
Conditions on Water Supply
a. The City agrees to use reasonable diligence in providing a
regular and uninterrupted Water supply and quality of Water
but does not guarantee:
i.
a constant Water service; or
ii.
the maintenance of unvaried Water pressure; or
iii.
the maintenance of unvaried Water quality; or
iv.
the maintenance of unvaried Water supply. and
b. The City shall not be liable to the Consumer or any Person for
any damages, including but not limited to direct or
consequential damages, in relation to the provision of Water
as set out in 3.0.5(a), or caused by or arising out of the
breaking of any Private Water Service Pipe or attachment, or
any material buildup in a Private Water System, or arising
from the shutting off of Water to repair, replace or install any
part of the Waterworks System including but not limited to
Watermains or to tap Watermains.
3.1
Water Rates, Charges and Revenues Responsibilities
3.1.0
The City shall be responsible for reading Water Meters and for
the accounting, billing and collection of Waterworks User Fees
and Water Rates charged in accordance with the Fee By-law.
3.1.1
The Water Rates, Waterworks User Fees and Back Charges
shall be charged in accordance with the Fee By-law.
3.1.2
Water supplied by the City and measured by the Water Meter
will be charged to the Consumer, regardless of whether the Water
supplied is consumed or wasted.
3.1.3
Consumers shall be charged for and shall pay the amount due
and owing as set out on their Water Bill for their Property based
on the quantity of Water supplied by the City and in accordance
with the Water Rates as set out in the Fee By-law.
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3.2
By-law Administration and Enforcement
3.2.0
The Director of Environmental Services shall be responsible for
the administration and enforcement of this By-law, including
prescribing the content of:
a. any forms,
b. the City Standards and Specifications, or
c. any other documents required under this By-law as amended
or revised from time to time.
3.2.1
The Director of Environmental Services may authorize any
programs or projects which may exempt Persons or Properties
from the application of a specific provision or provisions of this
By-law.
4 USE AND RECEIPT OF WATER
4.0
No Person shall sell, dispose, or permit the sale or disposal of Water
within the City without the prior written approval of the Director of
Environmental Services.
4.1
No Person shall use, cause or permit Water to be used other than through a
Water Service Connection to the Property at which the Water is supplied,
except with the prior written approval of the Director of Environmental
Services.
4.2
No Person shall obtain Water from the Waterworks System, without
making an application to and being authorized by the Director of
Environmental Services to do so and paying the appropriate charges, fees
and Water Rates for it, except with the prior written approval of the
Director of Environmental Services.
5 ESTABLISHMENT AND DISCONTINUANCE OF WATER SERVICE
ACCOUNT
5.0
Establishment of Water Service Account
The supply of Water to a Property from the Waterworks System shall not
be turned on until the following requirements have been completed to the
satisfaction of the Director of Environmental Services:
5.0.0
A written application has been completed by the Owner or
Developer and approved by the Director of Environmental
Services indicating the purpose for which the Water is required;
5.0.1
The necessary Water Service Connection and Private Water
Service Pipe have been installed and inspected by and are to the
satisfaction of the Director of Environmental Services or the
Director of Engineering;
5.0.2
The cost of such installations have been fully paid by Owner or
Developer;
5.0.3
A Water Meter and all related wiring has been installed, tested
and sealed to the satisfaction of the Director of Environmental
Services; and
5.0.4
An Account has been created by the City or the City's
authorized agent.
5.1
Discontinuance of Water Service Account
An Owner, may request that the Water supply to a Property from the
Waterworks System be permanently discontinued. The Owner shall make
such request in writing to the Director of Environmental Services. If the
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discontinuance request is approved by the Director of Environmental
Services, the Account associated with that Property will be closed once the
following requirements have been completed to the satisfaction of the
Director of Environmental Services:
5.1.0
The Owner has prepaid in full all required fees for the
permanent removal of the Water Meter and the Water turn off in
the amounts set out in the Fee By-law;
5.1.1
The City has removed the Water Meter and turned off the Water
supply at the Water Shut Off Valve of the Property;
5.1.2
The Owner has paid in full all Water Rates or other charges due
and owing on such Account for the Property up to and until the
Water has been turned off and the Water Meter has been removed
by the City; and
5.1.3
The Owner has paid the Final Billing as required by section 12.3
of this By-law after the final Water Meter reading is taken and the
Water Meter is removed by the City.
6 WATER SERVICE CONNECTIONS
6.0
Application for Water Service Connections
6.0.0
All Water Service Connections require City Approval
No Person shall connect or permit a connection to the
Waterworks System or alter or permit an alteration to an existing
Water Service Connection without the prior approval of the
Director of Environmental Services or the Director of
Engineering and such connections shall be in full compliance
with the requirements of this By-law.
6.0.1
Application for Water Service Connection
Any Person who requires a new Water Service Connection or
wishes to change or alter an existing Water Service Connection to
the Waterworks System shall submit an application on the
prescribed form and shall comply with the following
requirements to the satisfaction of the Director of Environmental
Services or the Director of Engineering:
a. Detailed plans for the Water Service Connection shall be
submitted to the satisfaction of the Director of Environmental
Services or the Director of Engineering and in accordance
with all requirements set out in the City Standards and
Specifications;
b. Where a Water Service Connection is to be installed as part of:
i.
an unmetered fire line;
ii.
for any use other than a Single-Residential Property; or
iii.
where the proposed Water Service Connection is
greater than twenty five (25) millimeters in diameter;
detailed design drawings of the proposed Water Service
Connection or unmetered fire line, prepared and stamped by a
Professional Engineer, shall be submitted to the satisfaction of
the Director of Environmental Services or the Director of
Engineering and in accordance with all requirements set out in
the City Standards and Specifications;
c. The Owner has signed the application certifying the
completeness and accuracy of the information provided on the
application and in the plans or drawings; and
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d. Payment has been made to the City of all applicable fees,
deposits and charges, in the amounts as set out in the Fee By-
law prior to the installation of the Water Service Connection
by the City.
6.0.2
Application refused by the City
The Director of Environmental Services or the Director of
Engineering may refuse approval of an application for a Water
Service Connection where, in the opinion of the Director of
Environmental Services or the Director of Engineering,
a. The City's Waterworks System may be adversely affected;
b. There is insufficient Water supply available;
c. There is insufficient Water allocation to service the Property;
d. A Watermain is not adjacent to the Applicant's Property;
e. The Property does not have frontage on a Road Allowance
with a Watermain from which it can receive a Water Service
Connection;
f. The Property cannot receive a Water Service Connection
through a public easement; or
g. The Water Service Connection would contravene existing City
By-laws or other Applicable Law.
6.0.3
Temporary Water Service Connections
a. An application for a temporary Water Service Connection
shall comply with the permanent Water Service Connection
application process set out in this By-law and sections 6.0.1
and 6.0.2 shall apply to both temporary and permanent Water
Service Connection applications.
b. Any temporary Water Service Connection approved by the
Director of Environmental Services or Director of
Engineering shall expire six (6) months from the date of
approval. Prior to the expiration of the six (6) month period,
the Applicant may apply to renew or extend the approval of
the temporary Water Service Connection for an additional six
(6) months subject to the approval of the Director of
Environmental Services.
c. Upon the expiration of the temporary Water Service
Connection approved under this section, the City may turn off
the Water supply to the Property. The Applicant shall be
responsible for the proper disconnection of the Water Service
Connection and the return of the Water Meter in accordance
with City requirements.
6.0.4
Water Service During Construction
A Developer or Builder requiring Water for construction purposes
shall make a separate application for a Water Service Connection
on the prescribed form or in accordance with any requirements
prescribed by the Director of Environmental Services, to the City
for each subdivision or site development proposed and shall
comply with the following requirements to the satisfaction of the
Director of Environmental Services:
a. Detailed plans shall be submitted to the satisfaction of the
Director of Environmental Services illustrating the Water
Service Connection point to the Waterworks System for the
construction purposes;
b. A tested Backflow Preventer shall be installed on the water
pipe and after the Water Service Connection point to the
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Waterworks System to the satisfaction of the Director of
Environmental Services and in accordance with City By-laws
and Applicable Law;
c. Payment has been made in full to the City for all construction
Water fees, in the amount set out in the subdivision agreement
or site plan agreement entered into with the City; and
d. Payment has been made to the City of all applicable fees,
deposits and charges, in the amount as set out in the Fee By-
law prior to turn on or turn off of Water supply by the City.
6.1
Installation of Water Service Connections
6.1.0
Installation by the City
Upon the approval of an application by the Director of
Environmental Services or the Director of Engineering submitted
pursuant to section 6.0.1 or 6.0.3, a Water Service Connection
shall be installed by the City, in accordance with the City
Standards and Specifications, at the expense of the Owner, as
specified in section 6.2 "Costs of Water Service Connections".
6.1.1
Installation by the Owner
a. Notwithstanding section 6.1.0, if an application has been
approved by the Director of Environmental Services or the
Director of Engineering pursuant to section 6.0.1 or 6.0.3, the
Director of Environmental Services or the Director of
Engineering may authorize an Owner, in writing, to install a
Water Service Connection including any Watermain, at the
Owner's expense in the following circumstances and subject
to the requirements set out in sections 6.1.1(b) to 6.1.1(d):
i.
the Water Service Connection shall be installed within
or as part of an unassumed subdivision;
ii.
the Water Service Connection shall be installed in
conjunction with the construction of new Watermain
infrastructure related to the Owner's project;
iii.
the Water Service Connection shall be installed within
the City's approved easement;
iv.
The Water Service Connection shall be a requirement
of a site plan application process;
v.
The existing Water Service Connection for an ICI or
Multi-Residential Property is required to be replaced
with a larger pipe size;
vi.
The existing ICI or Multi-Residential Property requires
a new Water Service Connection; or
vii.
Any other circumstances that the Director of
Environmental Services deems appropriate.
b. The Owner shall enter into a written agreement with the City
with respect to the installation of the Water Service
Connection, any related Work, the payment of securities and
the assumption of risk by the Owner in relation to same, on
such terms and conditions as are acceptable to the Director of
Environmental Services or the Director of Engineering and in
a form that is satisfactory to the City Solicitor;
c. The Owner shall construct the Water Service Connection in
accordance with the City Standards and Specifications and
any other terms and conditions as set out in the agreement
referred to in section 6.1.1 (b); and
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d. The construction of the Water Service Connection by the
Owner shall be inspected by and installed to the satisfaction
of the Director of Environmental Services or the Director of
Engineering and the Owner shall notify the Director of
Environmental Services or the Director of Engineering that it
is ready for inspection prior to the commencement of any
backfilling or restoration of the Road Allowance or easement
where the Water Service Connection has been installed.
6.1.2
Connection or Water Service Connection Installation rejected by
the City
If a Person connects to the Waterworks System or installs a Water
Service Connection in a manner other than as permitted by this
By-law, the Director of Environmental Services or the Director of
Engineering may require the Owner to undertake the following, at
the Owner's expense:
a. Re-excavate the connection or Water Service Connection for
the purpose of inspection and testing to the satisfaction of the
Director of Environmental Services or the Director of
Engineering;
b. If required, reinstall the Water Service Connection or any
associated Work to the satisfaction of the Director of
Environmental Services or the Director of Engineering and
in compliance with this By-law; or
c. Disconnect the Water Service Connection which shall not be
reinstalled or reconnected except with the prior written
permission of the Director of Environmental Services or the
Director of Engineering and in full compliance with the
requirements of this By-law.
6.1.3
Pre-installed Water Service Connections
a. Where the Water Service Connection has been pre-installed by
a Developer or Builder, or under the City's direction on lands
assumed by the City, a building permit pursuant to the
Ontario Building Code must be issued prior to the connection
of the Private Water Service Pipe to the pre-installed Water
Service Connection for each separate Water Service
Connection.
b. If a Water Service Connection or its appurtenance that was
pre-installed as part of a plan of subdivision or a site
development has been damaged, the Owner of the Property
shall be responsible for all associated repair or replacement
costs.
6.2
Costs of Water Service Connections
6.2.0
Upon the approval of an application for a Water Service
Connection by the Director of Environmental Services or the
Director of Engineering , the Director of Environmental Services
or the Director of Engineering shall determine and advise the
Owner of:
a. All costs of providing such Water Service Connection, which
include;
i.
the City's contractor construction and contingency
costs;
ii.
the City's administrative costs to manage the
construction work and conduct inspection for
connecting the Private Service Pipe to the Water
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Service Connection in the amount as set out in the Fee
By-law;
iii.
the City's Water service fee for turning-on the Water to
the Property in the amount as set out in the Fee By-law;
and
b. The conditions upon which such Water Service Connection
shall be provided.
6.2.1
Prior to installation of the Water Service Connection by the
City, the Owner shall pay to the City all costs as set out in section
6.2.0 (a) and comply with any such conditions provided in
accordance with section 6.2.0 (b).
6.2.2
Notwithstanding sections 6.2.0 and 6.2.1, if the Water Service
Connection is installed by the Owner in accordance with section
6.1.1 and such installation is accepted by the Director of
Environmental Services or the Director of Engineering, the
Owner shall only be required to pay the City's waterworks
service fee, the service fee for turning on the Water supply to the
Property and any other applicable fees set out in the Fee By-law.
6.3
Water Service Operation and Maintenance - By the City
6.3.0
No Person, except the Director of Environmental Services or
those acting under his/her direction, shall open or close any water
valve, fire hydrant, Water Valve Chamber, Watermain or any
pipe, fixture or other part of the Waterworks System used for the
Water supply or disturb, tamper or interfere with same in any
manner whatsoever.
6.3.1
No Person, except the Director of Environmental Services or
those acting under his/her direction, shall turn on /turn off or alter
any Water Shut Off Valve.
6.3.2
The City is responsible for maintaining and repairing Water
Service Connections between the Watermain and the Street Line
or in the City's Road Allowance or easement.
6.4
Number of Water Service Connections
6.4.0
Unless otherwise approved by the Director of Environmental
Services or Director of Engineering, no Person shall install, or
permit the installation of a Water Service Connection that
services more than one Property.
6.4.1
Unless otherwise approved by the Director of Environmental
Services or Director of Engineering, no Person shall install, or
permit the installation of a Water Service Connection that
services more than one Property even if those Properties are
owned or occupied by the same Person.
6.4.2
Unless otherwise approved by the Director of Environmental
Services or Director of Engineering, no Person shall install, or
permit the installation of more than one Water Service
Connection for each Property.
6.4.3
For Property that is Multi-Residential or ICI, additional Water
Service Connections and Water Meters may be permitted or
required only with the prior approval of the Director of
Environmental Services or Director of Engineering.
6.4.4
Dual Water Service Connections and Water Meters for a
Property may be provided only for looping purposes to ensure
Water supply redundancy or in accordance with the requirements
under the Ontario Building Code.
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6.5
Replacement of Water Service Connections
6.5.0
If a new Water Service Connection has been approved to
replace an existing Water Service Connection, the existing Water
Service Connection shall be disconnected at the connection point
to the Watermain and the existing Water Service Box shall be
removed at the same time as the new Water Service Connection is
installed.
6.5.1
The Owner shall pay all costs and fees associated with the
disconnection of an existing Water Service Connection and the
connection of new a Water Service Connection in the amount as
set out in the Fee By-law.
6.6
Existing Water Service Connection or Pre-serviced Lot
6.6.0
Existing Water Service Connection to be turned off prior to
demolition
An Owner who has received a permit to demolish a Property shall
provide the Director of Environmental Services with a notice five
(5) days in advance of the demolition and the Water Service
Connection shall be turned off by the City at that Property's
Water Shut Off Valve. The Owner shall pay the City's Water turn
off service fee in the amount as set out in the Fee By-law.
6.6.1
Existing Water Service Connection to be re-used
If the Owner is seeking to re-use the existing Water Service
Connection, which previously serviced the Building, or use the
installed Water Service Connection of a pre-serviced Property,
the Owner shall make an application on the prescribed form to re-
use the Water Service Connection and shall comply with the
following requirements to the satisfaction of the Director of
Environmental Services:
a. Detailed design drawings illustrating the location, size,
material and condition of the existing Water Service
Connection shall be submitted to the satisfaction of the
Director of Environmental Services; and
b. The Owner shall retain a Professional Engineer to perform the
field inspection of the existing Water Service Connection and
to provide the City with a report indicating whether the
existing Water Service Connection conforms to the City
Standards and Specifications and confirming whether it can
be re-used.
c. The Director of Environmental Services may refuse the re-use
of the existing Water Service Connection if it fails to conform
to the City Standards and Specifications or if it is determined
to be defective.
6.6.2
Re-use of existing Water Service Connection not permitted
The re-use of an existing Water Service Connection shall not be
permitted, if the new proposed Private Water Service Pipe or a
pre-serviced Property has a larger size than the existing Water
Service Connection. The Owner shall apply for a new Water
Service Connection as set out in sections 6.0.1 and 6.0.2 and pay
for the costs of new Water Service Connection as set out in
section 6.2.
6.6.3
Existing Water Service Connection to be disconnected
If the existing Water Service Connection is not re-used, or in the
case of a pre-serviced Property where such connection will not be
used for servicing the Property, the existing Water Service
Connection shall be disconnected at the connection point to the
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City Watermain and the existing Water Service Box shall be
removed at the time the new Water Service Connection for the
Property is being installed. The Owner shall pay all costs and fees
associated with the disconnection of the existing Water Service
Connection in accordance with the Fee By-law.
6.7
Private Water Service Pipes and Private Fire Service Mains
6.7.0
Installation by the Owner
a. All Private Water Service Pipes shall be installed by and at the
expense of the Owner of the Building or Property for which
such Water services are required. The Water Meter for all
Water services shall be supplied by the City.
b. The Private Water Service Pipes shall be installed in
accordance with the site servicing design drawings approved
by the City and the requirements of the Ontario Building
Code.
c. City's Inspection before turn on of the Water Supply
The Chief Building Official shall be notified by the Owner of
the Property when a Private Water Service Pipe has been laid,
and is ready for inspection. All works must be left uncovered
and convenient for examination until inspected and approved.
The Water supply shall not be turned on unless the work has
been inspected and approved by the Chief Building Official.
6.7.1
Private Fire Protection Systems in Buildings
All Fire Protection Systems in a Building shall be constructed so
as to provide exclusive access to the Fire Protection System to the
City's Fire and Emergency Department in accordance with the
Ontario Building Code.
6.7.2
Private Water Service Pipe Sizes and Materials
a. All Private Water Service Pipes shall be of the same material
and size as the Water Service Connection to which such
Private Water Service Pipe is connected, and the pipes and
fittings used for Private Water Service Pipes shall conform to
the design and quality standards as prescribed by the City
Standards and Specifications.
b. Property Expansion/Renovation
During a Property expansion or renovation, the installation of
a new Private Water Service Pipe that has a larger size than
the existing Water Service Connection and connecting it to the
existing Water Service Connection shall not be permitted. The
Owner shall apply for a new Water Service Connection as set
out in section 6.0 with a size larger than or equal to the new
Private Water Service Pipe. Once the new Water Service
Connection is constructed, the new Private Water Service Pipe
can be connected to the new Water Service Connection.
Meanwhile, the existing Water Service Connection shall be
disconnected as set out in section 6.6.3.
6.7.3
Maintenance Responsibilities
Every Owner shall maintain their Private Water Service Pipe in
proper working order and shall be responsible for undertaking any
required repairs and maintenance to the Private Water Service
Pipe, its fixtures and appurtenances at their own expense and in a
prompt manner.
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6.7.4
Investigation and Repair of Leakage on Private Water System
a. Every Owner shall be responsible for investigating and
determining the cause of any leak, defect or malfunction in
the Private Water System serving the Owner's Property. The
City is not responsible for locating any leaks for the Owner.
b. Every Owner shall, at their own expense, repair any leak,
defect or malfunction in, of or on the Private Water Service
Pipe, Private Fire Service Main or private fire hydrant located
on or servicing their Property which results in Water being
consumed or lost before passing through the Water Meter,
including but not limited to any leak, defect or malfunction
related to valves, fittings or corroded piping, as soon as
possible after becoming aware of any such leak, defect or
malfunction. Every Owner shall pay the cost of Water
consumed or lost as a result of such leak, defect or
malfunction.
c. In the event that an Owner fails or refuses to repair any and all
leaks, defects or malfunctions in, of or on the Private Water
Service Pipe, or Private Fire Service Main or private fire
hydrant located on or servicing their Property which results in
Water being consumed or lost before passing through the
Water Meter, including any leak, defect or malfunction
related to valves, fittings or corroded piping, the City may
issue an Order to the Owner to do so.
d. The Owner shall comply with such Order issued by the City
pursuant to section 6.7.4 (c) and undertake any required works
and repairs within five (5) Business Days of being served with
the Order.
e. If the Owner fails to comply with such Order of the City in
accordance with sections 6.7.4 (c) and 6.7.4 (d), the City may
make such repairs as the City deems necessary or appropriate
and the Owner shall pay to the City the full cost of such work,
inspection fees for each attendance at the Property by the City
as well as any overhead and administrative fees in the
amounts as set out in the Fee By-law.
f. If the Owner fails to comply with such Order of the City in
accordance with sections 6.7.4 (c) and 6.7.4 (d), the City
reserves the right to turn off Water supply to the Property
until the leaking Private Water Service Pipe or Private Fire
Service Main or private fire hydrant is repaired.
g. The Owner shall pay all costs related to the loss of Water.
Where the Water loss has not been recorded by a Water
Meter, Water consumption shall be estimated by the City
according to the nature of the leak.
h. The Owner of a Property shall grant the City access to the
Property to confirm a leak and its location in the Private
Water System through a leak survey, when the City
determines it is necessary to conduct such an inspection.
6.8
Frozen Water Service Connection/Private Water Pipes
6.8.0
Every Owner shall ensure that all Private Water Service Pipes,
the Private Water System, Private Fire Service Mains and Water
Meter on their Property are protected from freezing.
6.8.1
An Owner of a Property shall be responsible for
a. Thawing out a frozen Private Water Service Pipe, Private
Water System, Private Fire Service Main or Water Meter;
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b. Any damage incurred in the event that any of the Private
Water Service Pipe, Private Water System or Private Fire
Service Main or Water Meter freezes; and
c. Any Water loss or discharge which occurs as the result of a
leak in a frozen Private Water Service Pipe, Private Water
System, Private Fire Service Main or Water Meter.
6.8.2
The City shall be responsible for thawing out a frozen Water
Service Connection up to the Water Service Box.
6.9
Vacant or unheated Properties
6.9.0
When any Property is left Vacant or where the temperature in a
Building is allowed to drop to below five (5) degrees Celsius, the
Owner or Occupant shall turn off the Water supply within the
Property and drain the piping and Water Meter therein. The
Owner or Occupant may make an application to the City to turn
off the Water supply at the Water Service Box. The Water Shut
Off Valve will be turned on only at the request of the Owner or
Occupant and in their presence. The Owner or Occupant shall pay
for these Water turn off/turn on service fees in the amounts as set
out in the Fee By-law.
6.9.1
When any Property is left Vacant or where the temperature in a
Building is allowed to drop to below five (5) degrees Celsius and
the Water supply has not been turned off, and the Property suffers
damage to it and its contents from a leaking, frozen or burst
Water pipe or Water Meter, the Owner or Occupant shall have no
claim for any such loss or damage against the City and the Owner
or Occupant shall pay all applicable Waterworks User Fees in the
amounts as set out in the Fee By-law and any further costs
incurred by the City as a result. These costs may include the
Water Meter replacement cost if the Water Meter is damaged.
6.9.2
Should the City become aware of such leaking or burst water
pipes or Water Meter, the Director of Environmental Services
may turn off the Water supply to the Property at the Water
Service Box, and the Water supply shall not be turned on until the
Director of Environmental Services, in his/her discretion,
considers it safe and advisable to do so. The Owner or Occupant
shall pay for these Water turn off/turn on service fees in the
amounts as set out in the Fee By-law.
6.10 Tests and Disinfection
6.10.0
Water supply for ICI, and Multi-Residential Properties shall not
be turned on until the Private Water Service Pipes, Private Water
Systems, or Private Fire Service Mains have been inspected,
pressure tested, flushed and satisfy the requirements of sections
6.10.1, 6.10.2 and 6.10.3 as they apply.
6.10.1
No Person shall connect or permit to be connected any Private
Water Service Pipes, Private Water Systems or Private Fire
Service Mains of a size equal to or greater than fifty (50)
millimeters in diameter to a Water Service Connection until the
Owner of the Property has complied with following requirements
to the satisfaction of the Director of Environmental Services:
a. Submission of a completed application on a form prescribed
by the Director of Environmental Services.
b. The Private Water Service Pipes, Private Water Systems or
Private Fire Service Mains shall be disinfected under the
supervision of a Professional Engineer qualified to perform
such work, in accordance with the City Standards and
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Specifications and Ontario Drinking Water Quality Standards
and at the expense of the Owner.
c. After the Private Water Service Pipes, Private Water Systems
or Private Fire Service Mains have been disinfected, Water
samples shall be taken and testing shall be conducted in
accordance with the following :
i.
Water sampling, and transportation of the Water
sample to the laboratory shall be conducted by a
Qualified Person;
ii.
analytical testing of the Water sample shall be
conducted by an accredited laboratory which is
licensed by the Ontario Ministry of the Environment,
Conservation and Parks, or successor, for the provision
of Drinking Water testing services; and
iii.
a complete Water sample chain of custody shall be
properly established from the taking and transportation
of the Water sample through to the report of the test
results; and
d. Prepare and submit to the City a report explaining the Water
test results which shall be to the satisfaction of the Director of
Environmental Services as set out in this By-law.
6.10.2
The Water supply to a Property requiring Water testing in
accordance with section 6.10.1 shall not be turned on until the
following documents are received by and are to the satisfaction of
the Director of Environmental Services within forty-eight (48)
hours of the receipt of the laboratory testing results:
a. An original copy of the Water sampling laboratory analysis
report indicating satisfactory disinfection and the associated
chain of custody form;
b. A written verification of satisfactory disinfection by a
Professional Engineer retained by the Owner; and
c. All documentation must be stamped, signed and sealed by the
Owner's Professional Engineer.
6.10.3
All field disinfection, Water sampling, laboratory testing and
analysis report preparation, and the Professional Engineer's
verification as required by this By-law shall be done at the
expense of the Owner.
7 WATER METER
7.0
Water to Be Metered
7.0.0
Water to Be Metered
a. No Person shall use or permit the use of Water that has not
passed through a Water Meter.
b. Every Owner shall have a Water Meter installed and in use at
their Property where such Property is supplied with Water by
the City.
c. All Water supplied to a Property through Private Water
Service Pipes shall pass through a Water Meter and shall be
charged to the Consumer at such rates as set out in the Fee
By-law. All Water passing through the Water Meter will be
charged for whether used or wasted.
d. Sections 7.0.0 (a) and (b) and (c) shall not apply where:
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i.
Water is used by authorized City personnel acting in
the course of their duties or by City authorized agents
or contractors expressly acting within the scope of their
contract;
ii.
Water is used by the City for firefighting purposes;
iii.
Water is used by Consumers at a Property serviced by
the City on a "flat rate water charge" as of the date of
the coming into force of this By-law;
iv.
Water is used for construction purposes with the
approval of the City in accordance with the provisions
of this By-law; or
v.
Where the use of un-metered Water is otherwise
permitted by this By-law.
e. All Water Service Connections to the Waterworks System are
required to be metered. Any Owner of a residential unit who
does not have a Water Meter installed shall pay the City a
"flat rate water charge" as set out in the Fee By-law.
f. Any existing Property serviced by the Waterworks System, on
a "flat rate water charge", is required to have a new Water
Meter installed within one (1) year from the day the "flat rate
water charges" started or the enactment of this By-law,
whichever is earlier.
g. If two or more Water Service Connections supply Water to a
Property, each Water Service Connection shall be separately
metered.
h. Notwithstanding the issuance of any Occupancy Permit under
the Ontario Building Code, no Person shall draw or use any
Water until the Water Meter for the Property has been
installed, inspected and sealed by and to the satisfaction of the
Director of Environmental Services.
7.0.1
Water Meters - City Property
All Water Meters including Remote Readout Units, wiring and
AMR/AMI equipment that register Water supplied and billed by
the City, are and shall remain the property of the City, although
initially paid for by an Owner or Consumer, and shall be
supplied, maintained and replaced by the City.
7.0.2
Private Water Meters - Not the City's Responsibility; not used
for the City's Water billing purposes
a. Additional Private Water Meters required for the individual
metering or internal private billing purposes within a Building
or on a Property shall be installed by and at the expense of the
Owner on the downstream side of the Water Meter.
b. Consumption readings from Private Water Meters will not be
recognized by the City for municipal billing purposes. The
City is not responsible for any maintenance of Private Water
Meters or any requested reconciliation arising from the use of
Private Water Meters.
7.0.3
Sprinkler Meter for Irrigation System
The Owner or Occupier of a Property with a Sprinkler Meter shall
pay the City the Water turn on/turn off fee in the amounts as set
out in the Fee By-law, for each attendance at the Property as
requested by the Owner or Occupier.
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7.1
Water Meter Installation
7.1.0
Installation of Residential Water Meter
a. No Person shall turn on or cause to turn on the Water supply
to a Property or use or draw Water from the Waterworks
System until a Water Meter has been installed at the Property
and inspected and sealed by and to the satisfaction of the
Director of Environmental Services.
b. All Water Meters that have been installed at a Property, shall
be inspected and sealed by and to the satisfaction of the
Director of Environmental Services and all associated fees
and charges for the Water Meter and any required inspection
fees and other applicable fees in the amounts as set out in the
Fee By-law must be paid in full prior to turning on the Water
supply by the City.
c. Notwithstanding the issuance of an Occupancy Permit under
the Ontario Building Code, no Person shall occupy a Building
prior to the installation of a Water Meter, nor shall any Person
use or draw Water from the Waterworks System prior to the
installation of the Water Meter. In the event that Water is used
or drawn contrary to the above, the Owner shall pay the City a
"flat rate water charge" as set out in the Fee By-law from the
time of issuance of the Occupancy Certificate to the time of
installation of a Water Meter.
d. In the case of an Infill Home:
i.
The City shall send a notice to the Owner/Occupier
advising the Owner/Occupier to submit a Water Meter
Application and schedule an appointment for the
installation a new Water Meter by the City or a City
authorized third party agent within thirty (30) days
upon receipt of such Notice;
ii.
The notice shall be served:
(a) personally on the Occupier; and
(b) either personally on the Owner or mailed by
regular mail to the last known address of the
Owner according to the current assessment rolls.
iii.
The Owner shall pay to the City the full cost of the
installation of a Water Meter, and all applicable fees
and charges in the amounts as set out in the Fee By-
law.
e. In the case of a Property subject to meter replacement or
installation in accordance with the City's meter maintenance
program or AMR/AMI program, the City may install such
Water Meter, conduit and wire for Remote Readout Unit and
AMR/AMI equipment at no expense to the Owner.
7.1.1
Installation of ICI and Multi-Residential Water Meter
a. An Owner shall install or cause to be installed a Water Meter
in accordance with this By-law on the Owner's Property in a
secure and accessible location a minimum five (5) Business
Days prior to occupancy.
b. An Owner shall install or cause to be installed all Plumbing
and appurtenances related to the Water Meter, including
conduit for wiring in accordance with the City Standards and
Specifications and at the sole expense of the Owner.
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c. Notwithstanding any other provisions of this By-law, the wire
and the Remote Readout Unit or AMR/AMI equipment shall
be installed by the City prior to the Owner's occupancy of a
new or Renovated Building or part thereof.
d. Except as otherwise provided for in this By-law, no Person
shall turn on or cause to be turned on the Water supply to a
Property until the City has inspected and sealed the Water
Meter installed at the Property as set out in this By-law.
e. In the event that Water supply to a Property has been turned
on prior to the City inspection and sealing of the Water Meter
at the Property, the Director of Environmental Services
reserves the right to turn off the supply of Water to the
Property.
f. To allow for proper flow of Water or maintenance of
equipment or both, the City may require an Owner to install
the proper valving arrangement in respect of the supply of
Water to the Property in accordance with the City Standards
and Specifications at the sole expense of the Owner.
g. In the case of a Property subject to meter replacement or
installation in accordance with the City's meter maintenance
program or AMR/AMI program, the City may install such
Water Meter, conduit and wire for Remote Readout Unit and
AMR/AMI equipment at no expense to the Owner.
7.1.2
Supply of Water Meter
Water Meters for new development shall be supplied by the City
at the Owner's expense in accordance with the Fee By-law and
the City Standards and Specifications.
7.1.3
Application for Water Meter - (Only for Infill Home, ICI and
Multi-Residential Water Meter Application)
An Owner/Applicant of an Infill Home, ICI or Multi-Residential
Property who requires a new Water Meter for a new or
Renovated Building or who wishes to change the Water Meter
size in an existing Building shall submit a completed Water
Meter application on the prescribed form to the City and shall
comply with the following requirements to the satisfaction of the
Director of Environmental Services:
a. For ICI and Multi-Residential Water Meter applications only,
the Owner/Applicant shall provide the City with:
i.
calculated peak flow rate including consumption flow
and fire flow, to be supplied and certified by a
Professional Engineer, to pass through the Water
Service Connection;
ii.
type of business; and
iii.
number of occupants or employees.
b. The Owner/Applicant shall sign the application form and shall
be responsible for the completeness and accuracy of all
information provided with the application;
c. The Owner shall pay the application fee at the time of
submission of application; and
d. All applicable Water Meter fees and charges in the amounts as
set out in the Fee By-law must be received by the City prior to
the application being processed.
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7.1.4
Size of Water Meter
a. Based on the information supplied by the Owner/Applicant in
their application, the Director of Environmental Services shall
determine the size of the Water Meter required for the
Property.
b. Unless approved by the Director of Environmental Services,
the size of a residential Water Meter shall not be in excess of
twenty-five (25) millimeters in diameter.
7.1.5
Water Meter Loss or Damage
a. Other than damage caused by the City, every Owner shall be
responsible for any loss or damage to a Water Meter
including but not limited to damage caused by freezing.
b. The Owner shall pay the City the costs for making the
necessary repairs to or for the replacement of such Water
Meter and all applicable fees and charges in the amounts as
set out in the Fee By-law.
7.1.6
Notification by Owner
The Owner shall immediately notify the Director of
Environmental Services that the Property is ready for the
installation of a Water Meter.
7.1.7
Provision for Installing a Water Meter
The Owner shall ensure that provision is made in the piping
system of all existing, new and Renovated Buildings or structures
for the installation of a Water Meter of the same diameter as the
Private Water Service Pipe in accordance with the City Standards
and Specifications.
7.1.8
Water Meter By-Pass Piping
a. Every Owner shall install by-pass piping for Water Meter
sizes greater than twenty-five (25) millimeters in diameter,
and maintain same in good working order in accordance with
the City Standards and Specifications and at the sole expense
of the Owner.
b. Once the by-pass piping has been installed by the Owner, the
Owner shall immediately notify the Director of
Environmental Services, and the City shall seal the by-pass
valve in the closed position upon notification of its
installation by the Owner. No Person shall, unless authorized
by the Director of Environmental Services, open a by-pass
valve or break its seal, or cause a by-pass valve to be opened
or a seal to be broken, after it has been inspected and sealed
by the City.
c. Where the by-pass pipe or valves of a Property are not
installed in accordance with the City Standards and
Specifications, the City may Order the Owner to undertake
the following work at the sole expense of the Owner:
i.
To install a new or replace the Water Meter by-pass
pipe or valves; and/or
ii.
To remove any defective pipe or valves and install a
new pipe or valves.
d. An Owner shall comply with an Order made under section
7.1.8 (c) within thirty (30) days from receipt of the Order
from the City.
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e. If an Owner fails to:
i.
Supply, install or maintain the by-pass pipe and valves
in proper working order in accordance with 7.1.8 (a);
or
ii.
Comply with an Order of the City made pursuant to
this By-law within the time required,
The City may perform any work required by the Order including
but not limited to supply, install, repair, replace or otherwise
maintain the by-pass pipe and valves, as the City considers
appropriate and the Owner shall pay to the City the full cost of
the work, the inspection fee for each attendance at the
Property, and all other applicable fees and charges in the amounts
as set out in the Fee By-law.
f. If a by-pass valve is opened or the seal is broken or damaged
regardless of the cause:
i.
the City shall close or seal the by-pass valve once it is
discovered and monitor the Water consumption pattern
for the Property for twelve (12) months after the by-
pass valve is closed and re-sealed;
ii.
the City will apply that Water consumption pattern as
the base Water consumption for the Property and
determine how long and how much Water consumption
has been unbilled in accordance with the historic
billing for the Property; and
iii.
the City will Back Charge the Owner or Occupant of
the Property for the Water consumed through the
opened or seal-broken by-pass valve based on the
Water Consumption pattern pursuant to subsection (ii)
above for the duration as set out in section 7.3.2(g) and
7.3.2 (h) of this By-law. Back charges for ICI and
Multi-Residential Property will be calculated based on
the "water rate" and Single-Residential Property will
be calculated based on the "flat rate water charge" as
set out in the Fee By-law.
7.1.9
Water Meter Chamber
a. If the Director of Environmental Services is of the opinion that
a Water Meter cannot be conveniently located inside a
Building or structure in accordance with the City Standards
and Specifications or where the City does not have access to
the Water Meter, the Director of Environmental Services may
require the Water Meter to be installed in a Water Meter
Chamber constructed by the Owner in accordance with the
City Standards and Specifications, at the sole expense of the
Owner.
b. All Water Meter Chambers shall be placed in a location
approved by the Director of Environmental Services, prior to
construction.
c. No Person shall obstruct or permit the obstruction of a Water
Meter Chamber and associated valves.
d. No Person shall place shrubs, trees, or other landscaping
within one and one half (1.5) meters of the outer perimeter of
a Water Meter Chamber.
e. The Owner shall keep all landscaping on his Property cut back
and clear of a Water Meter Chamber and the access to a
Water Meter Chamber.
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f. To facilitate the reading of a Water Meter, the City may
require the Owner to:
i.
Prepare the Water Meter Chamber cover for the
installation of a chamber cover type Remote Readout
Unit in accordance with the City Standards and
Specifications at the sole expense of the Owner.
ii.
If the City determines a chamber cover type Remote
Readout Unit device is not appropriate for a location,
the City may:
(a) Determine the appropriate type and location of the
Remote Readout Unit and the Owner shall install
such unit at the sole expense of the Owner
according to the City Standards and Specifications;
and
(b) Require the Owner to install a mounting post and
plate to accommodate the Remote Readout Unit at
the sole expense of the Owner.
7.2
Water Meter Inspection
7.2.0
Water Meter Inspection and Sealing
a. Every Water Meter on a Property shall be inspected and sealed
by the City at or about the time of installation or relocation.
The Owner shall notify the City within forty-eight (48) hours
of the installation or relocation of a Water Meter that it has
been installed or relocated and is ready for inspection.
b. The Owner or Occupier shall, within the time set out in a
notice provided by the City, permit the City to have free, clear
and unobstructed access to the Water Meter to inspect, test,
read, repair, maintain, alter, disconnect, remove, replace or
seal such Water Meter.
c. In case of Water Meter inspection, testing, repair, replacement
or maintenance, the City will provide reasonable notice to the
Owner or Occupier when required by and in accordance with
the Municipal Act.
7.2.1
Water Meter Access
a. The Owner shall install or cause to be installed a Water Meter
in a location that is in accordance with the City Standards and
Specifications.
b. The Water Meter shall be installed in or on a Property where it
is convenient for the City to inspect, test, read, repair,
maintain, alter, disconnect, remove, replace or seal such
Water Meter. The location of a Water Meter shall be
accessible without the use of a portable ladder or the necessity
of climbing over or removal of an obstacle.
c. When requested by the City, an Owner or Occupier, as the
case may be, shall remove any insulation or other obstructions
or material from, on or around a Water Meter in order to
provide the City with full, unobstructed access to the Water
Meter. The Owner or Occupier shall be responsible for
replacing any materials removed at their own expense.
d. If access to the Water Meter is not free and clear of any and all
obstructions, the City may issue an Order requiring the Owner
or Occupier to remove all obstructions or materials and to
provide free and clear access.
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e. If the Owner or Occupier fails to carry out the work as
required by the City within thirty (30) days from receipt of the
Order, then the City may perform all necessary work including
the removal of any insulation or other obstructions or material
blocking free and clear access to the Water Meter. The City
shall not be liable for any loss or damage to the Owner's
Property or loss or damage otherwise suffered by the Owner
or Occupier arising from such work.
f. The Owner or Occupier shall pay all costs incurred by the City
for carrying out the work required as a result of the Owner or
Occupier failing to comply with an Order to remove
insulation or other material blocking the Water Meter. The
Owner or Occupier shall also pay the inspection fee, if any,
for each attendance at the Property by the City, and all
applicable fees and charges in the amounts as set out in the
Fee By-law.
g. As part of an inspection, the City shall at all times be
permitted to take photographs, including digital images, of
any Plumbing, Water Meter, Private Meter, by-pass pipe and
valves, inlet and outlet valves, Backflow Preventer, Private
Water System, Private Water Service Pipe, Private Fire
Service Main or Water Meter Chamber.
h. The Owner or the Occupier shall, within the time set out in the
City notice, permit the City to inspect the Private Water
Service Pipe, Private Water System, Private Fire Service
Main, or the inlet, outlet, flushing, drainage and by-pass
valves on piping adjacent to or around the Water Meter.
i. The Owner or the Occupier of a Property with a Water Meter
not equipped with Remote Readout Unit shall, within the time
set out in the City notice, permit the City to have free, clear
and unobstructed access to the Water Meter for a visual Water
Meter reading a minimum of two (2) times per calendar year.
j. If the Owner or Occupier refuses to provide the City access to
the Water Meter, the City may exercise Section 14 "Powers of
Entry" as set out in this By-law.
7.2.2
Water Meter Interference Prohibited
a. No Person, except as authorized by the City, shall perform,
permit or cause the tampering, un-sealing, reversal, or
alteration of a Water Meter in any way which may interfere
with the proper registration of the quantity of Water that
passes through a Water Meter or ought to pass through a
Water Meter.
b. No Person shall connect any pipes or other appurtenances to
direct flow from a Private Water Service Pipe upstream of a
Water Meter or the by-pass pipe and valves.
c. If the City determines that a seal on a Water Meter has been
tampered with or is broken, or if any pipes or other
appurtenances directing flow upstream of the Water Meter
have been connected or installed, then the City will re-seal the
Water Meter. The City will Back Charge the Owner or
Occupier of the Property for the Water consumed through the
tampered, broken, reversed or un-sealed Water Meter or
through a pipe or other appurtenance directing flow upstream
of the Water Meter, as estimated by the City and in
accordance with section 7.3.2(h).
By-law 2019-53
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7.3
Water Meter Maintenance
7.3.0
Maintenance of Water Meter Appurtenances and Piping
a. Every Owner shall ensure that all valves are fitted with proper
handles and that all valves to, from and around the Water
Meter are installed and properly maintained in accordance
with the City Standards and Specifications.
b. Every Owner shall maintain all Plumbing including all piping,
fittings and valves to and from and around a Water Meter in
good working order and shall replace and repair them as
necessary in accordance with the City Standards and
Specifications. The Owner is not responsible for maintaining
the Water Meter and/or the associated strainer.
c. If the City determines that the condition of a Private Water
Service Pipe, Private Fire Service Main, or Private Water
System or valves on piping adjacent to the Water Meter is
such that the Water Meter cannot be properly or conveniently
tested, calibrated or repaired in place or removed for the
purpose of testing, replacing or repairing, the Owner shall, at
his sole expense, repair or, if necessary, replace the Private
Water Service Pipe, Private Fire Service Main, or Private
Water System or valves, as the case may be, to enable the
City to test, calibrate, repair or remove the Water Meter.
d. Where the City determines that a Private Water Service Pipe,
Private Fire Service Main or Private Water System or valves
on piping adjacent to the Water Meter requires repair or
replacement in accordance with section 7.3.0(c), the City may
issue an Order to the Owner to repair or replace the Private
Water Service Pipe, Private Fire Service Main or Private
Water System or valves, as the case may be, within thirty (30)
days from the receipt of such Order, at the sole expense of the
Owner. The Owner shall obtain a building permit from the
City prior to the repair or replacement of the Private Water
Service Pipe or Private Water System.
e. If the Owner or his/her authorized agent does not carry out the
Work as required within thirty (30) days from the receipt of
the Order from the City, then the City may carry out the work
and turn off the Water supply to the Property during the
removal, replacement, repair, testing and calibration of the
Water Meter. The City shall not be liable for any loss or
damage to the Owner's Property, including but not limited to
direct or consequential damages, or loss or damage otherwise
suffered by the Owner or an Occupant arising from such work
or the turn off or on of the Water supply.
f. The Owner shall pay all costs incurred by the City for carrying
out the work required under an Order and pursuant to section
7.3.0 (e), as a result of the Owner failing to make the
necessary repair or replacement. The Owner shall also pay the
inspection fee for each attendance at the Property made by the
City, and all applicable fees and charges in the amounts as set
out in the Fee By-law.
7.3.1
Maintenance of Chambers
a. This section applies to all chambers including Water Meter
Chambers and chambers for Sprinkler Meters if installed.
b. Every Owner shall be responsible for maintaining, repairing
and replacing any chamber, and for keeping it in a safe
condition.
By-law 2019-53
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c. Every Owner shall remove and dispose of all solid and liquid
debris, waste and other materials which are non-essential to
the proper functioning of the Water Meter or Sprinkler Meter
and/or which may be hazardous, toxic, combustible or
explosive in nature, both inside and above a chamber. The
removal and disposal of such material is subject to all
Applicable Law.
d. Every Owner shall, upon receipt of a notice from the City
requesting an inspection, provide the City with access, within
the time set out in the City notice, to any chamber, or to
permit the City to inspect, maintain, repair, replace or read the
Water Meter or Sprinkler Meter.
e. Pursuant to sections 7.3.1 (c) and (d), every Owner shall
ensure that all solid and liquid material is removed from the
chamber to allow access. If an Owner is unable to remove
material from the chamber, within the time set out in the
notice, the Owner shall notify the City no less than forty-eight
(48) hours before the scheduled inspection or other purpose
for which the access is required. In addition, the Owner shall
at the same time, advise the City of a date and time, no more
than five (5) Business Days later, when access will be
provided.
f. If an Owner fails to provide the City with access to a chamber
in accordance with 7.3.1 (d), or 7.3.1 (e), the Owner shall pay
the inspection fee for each subsequent attendance at the
Property made by the City, and all applicable fees and charges
in the amounts as set out in the Fee By-law.
7.3.2
Water Meter Accuracy
a. Pursuant to this By-law, the testing, flow rates and procedures
used to determine Water Meter (all types and sizes) accuracy
will be in accordance with the current AWWA Standards.
b. An Owner, upon written application to the City, on the
prescribed form, may make a request to have the Water Meter
at his/her Property tested by the City to determine if the Water
Meter is over- registering. The Owner shall pay to the City the
fee as set out in the Fee By-law for such testing.
c. If a Water Meter is found to be over-registering the acceptable
meter accuracy range of the type and size of the meter being
tested, as governed by the AWWA standards in favour of the
City, the City shall credit the Owner's Account with an
amount equal to the difference between the amount that had
been billed and the amount that would have been billed had
the Water Meter been recording consumption accurately.
Such credit adjustment shall cover a period of no more than
twenty-four (24) months and shall include the testing fee in
the amounts as set out in the Fee By-law.
d. Notwithstanding 7.3.2 (c) above, in the event that the Water
Meter had been installed, replaced, or tested and calibrated
within a twenty-four (24) month period prior to the accuracy
test requested by the Owner, and if a Water Meter is found
over-registering the acceptable meter accuracy range of the
type and size of the meter being tested, as governed by the
AWWA standards in favour of the City, the City shall credit
the Owner's Account with an amount equal to the difference
between the excess amount billed from the time of the
installation, replacement or testing and calibration, whichever
By-law 2019-53
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is later, to the time of the accuracy test requested by the
Owner.
e. If a Water Meter is found to be over-registering by an amount
less than or equal to the acceptable meter accuracy range of
the type and size of the meter being tested, as governed by the
AWWA standards then no credit shall be applied to the
Owner's Account. In addition, the Owner shall pay to the City
all expenses incurred by the City in removing, replacing, flow
monitoring or testing the Water Meter in the amounts as set
out in the Fee By-law.
f. Positive displacement type Water Meters up to and including
fifty (50) millimetres in diameter shall be removed by the City
and tested at an off-site location specified by the City.
Compound, turbine, electromagnetic and fire service Water
Meters equal and greater than fifty (50) millimetres in
diameter shall, at the City's sole discretion, be tested either on
site or at an off-site location specified by the City.
g. If a Water Meter fails to register, the City will Back Charge
the Owner a Water consumption fee based on previous
metered consumption history for the period during which the
Water Meter failed to register but for not more than twenty-
four (24) months. Back charges for ICI and Multi-Residential
Property will be calculated based on the "water rate" and
Single-Residential Property will be calculated based on the
"flat rate water charge" as set out in the Fee By-law.
h. Notwithstanding the forgoing, the City may Back Charge
beyond the twenty-four (24) month period in those
circumstances, as determined by the Director of
Environmental Services to be appropriate, including but not
limited to where the failure of the Water Meter to register
arises as a result of a by-pass valve that is opened or a seal
that has been broken contrary to section 7.1.8 of this By-law,
or where a Water Meter has been reversed, tampered with, un-
sealed or altered or if any pipes or other appurtenances
directing flow upstream of the Water Meter have been
connected or installed contrary to section 7.2.2 of this By-law.
7.3.3
Water Meter Relocation
a. No Person shall relocate a Water Meter that has been installed
on a Property to the satisfaction of the Director of
Environmental Services without the prior written consent of
the Director of Environmental Services.
b. No Person shall disconnect a Water Meter for maintenance or
repair without the prior written consent of the Director of
Environmental Services.
c. An Owner/Applicant may make an application, on the
prescribed form to the Director of Environmental Services, to
relocate a Water Meter on a Property. If the Water Meter
relocation is approved by the Director of Environmental
Services, the Owner/Applicant shall pay all costs associated
with any relocation of the Water Meter including all
applicable fees and charges in the amounts as set out in the
Fee By-law.
d. The Director of Environmental Services shall not approve the
application for a Water Meter relocation if:
i.
the application is incomplete;
ii.
the prescribed fee is not paid; or
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iii.
the proposed relocation is not in accordance with the
City Standards and Specifications with respect to the
location of the Water Meter or otherwise.
e. If the location of an installed Water Meter on a Property does
not comply with the City Standards and Specifications, the
City may issue an Order requiring the relocation of an
installed Water Meter within thirty (30) days from the receipt
of the Order from the City, at the sole cost of the Owner.
f. All work undertaken and materials used to relocate a Water
Meter shall conform to the City Standards and Specifications
and comply with the requirements of the Ontario Building
Code.
g. If an Owner or his/her authorized agent fails to carry out the
work as required by the City under 7.3.3 (e) within fifteen
(15) days from the receipt of the Order from the City, then the
City may carry out the Water Meter relocation and all
necessary work required. The City shall not be liable for any
loss or damage to the Owner's Property or any loss or damage
otherwise suffered by the Owner or any Occupant arising
from such work.
h. The Owner shall pay all costs incurred by the City for carrying
out the work required as a result of the Owner failing to
comply with an Order to relocate the Water Meter pursuant to
section 7.3.3 (e). The Owner shall also pay the inspection fee
for each attendance at the Property made by the City, and all
applicable fees and charges in the amounts as set out in the
Fee By-law.
7.3.4
Water Meter Leaks
a. Every Owner or Occupier shall immediately notify the City if
any leaks develop at the Water Meter or its couplings.
b. The City will repair the leaks at the Water Meter or its
couplings at no charge to the Owner. The City shall not be
liable for any damage or loss to the Owner's Property or any
loss or damage suffered by the Owner or Occupant, including
but not limited to direct or consequential damages, as a result
of any such leaks at the Water Meter or its couplings.
7.3.5
Water Meter Replacement
a. A Water Meter will be scheduled for replacement when
approaching the end of its lifecycle under the City's annual
Water Meter Replacement Program.
b. The City will send a notice to the Owner/Occupier advising
the Owner/Occupier to schedule an appointment with the City
or a City authorized third party agent to replace the Water
Meter within thirty (30) days pursuant to the Water Meter
Replacement Program. The Owner/Occupier shall provide
the City or a City authorized third party agent access to the
Water Meter in order to undertake the Water Meter
replacement.
c. The City may send a notice to the Owner/Occupier requiring
the Owner/Occupier to repair or replace the Private Water
Service Pipe or Private Water System prior to the City's
Water Meter replacement at their Property.
d. If an Owner/Occupier fails to comply with the City's notice to
schedule an appointment with the City to replace the Water
Meter, to provide access to the Water Meter, or to repair or
replace the Private Water Service Pipe or Private Water
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System prior to the City's Water Meter replacement, the City
may issue an Order requiring the Owner/Occupier to schedule
the appointment with the City to replace the Water Meter, to
provide access to the Water Meter or to repair or replace the
Private Water Service Pipe or Private Water replacement prior
to the City's Water Meter replacement at their Property.
e. It is an offence when:
i.
an Owner/Occupier, fails to comply with an Order to
schedule an appointment with the City or a City
authorized third party agent to replace the Water Meter;
ii.
an Owner/Occupier, fails to comply with an Order to
allow the City access to replace the Water Meter
scheduled for replacement under the City's Water
Meter Replacement Program; and/or;
iii.
an Owner/Occupier, fails to comply with an Order
to repair or replace the Private Water Service Pipe or
Private Water System prior to the City's Water Meter
replacement at their Property.
7.4
Water Meter Removal due to Building Demolition
7.4.0
No Person shall demolish a Building or cause a Building to be
demolished until the final Water Meter reading is obtained and
the Water Meter and Remote Readout Unit are recovered by the
City.
7.4.1
An Owner who has received a permit to demolish a Building
shall notify the City in writing a minimum of five (5) Business
Days in advance of the date on which the Water supply to the
Property is no longer required. The Owner shall also make an
appointment with the City to take a final Water Meter reading,
remove the Water Meter and the Remote Readout Unit from the
Property and turn off the Water supply at the Water Shut Off
Valve.
7.4.2
The Owner shall pay the City the Water Meter removal cost in
the amount as set out in the Fee By-law.
7.4.3
The Owner shall be present at the Property when the final Water
Meter reading is taken, the Water Meter is removed and the
Water supply is turned off at the Water Shut Off Valve.
7.4.4
In the event an Owner fails to attend at the Property and provide
access to the City at the appointment time set under this By-law,
the Owner shall pay the City the missed appointment fee in the
amount as set out in the Fee By-law.
7.4.5
In the event an Owner fails to provide access to a Property prior
to the demolition of a Building or structure on the Property, in
accordance with this By-law, the Owner shall pay to the City an
amount equal to the cost of a new Water Meter and Remote
Readout Unit of the same type and size in accordance with the
fees and charges set out in the Fee By- law. The Owner shall also
pay the amount of Water consumption, from the last Water Meter
reading date to the date of disconnection of the Private Water
Service Pipe or Water Service Connection from the Waterworks
System, as estimated by the City.
7.4.6
If the Director of Environmental Services determines that it is
not necessary to recover a Water Meter from a Property to be
demolished, then the City will notify the Owner in writing after
receipt of the notice from the Owner to demolish a Building or
structure. Upon receipt of the notice from the City and after the
disconnection of the Private Water Service Pipe or Water Service
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Connection from the Waterworks System, an Owner may proceed
with the demolition of the Building. In such case, the Owner shall
be responsible for the removal and disposal of the Water Meter.
7.5
Unmetered Fire Line
7.5.0
An unmetered Water service line installed prior to the passage
of this By-law for fire protection purposes and Water used to
serve private fire hydrants, automatic sprinkler systems and
standpipes may remain unmetered upon the request to and
approval by the Director of Environmental Services.
7.5.1
An unmetered fire line shall be separate from a domestic Water
service line. An unmetered fire line and a domestic Water service
line may be combined within the Road Allowance or easement
provided separation takes place within the public Road
Allowance or easement and provided further that a valve is
installed on each branch within the Road Allowance or easement
so that each line can be isolated.
7.5.2
Where an unmetered fire line has been approved by the Director
of Environmental Services pursuant to section 7.5.0, no Person
shall take or use Water from the unmetered Water service line for
any purpose other than fire protection or testing of the fire
protection system unless prior written approval has been given by
the Director of Environmental Services.
8 WATER TURN OFF / TURN ON
8.0
Water Turn off by Request
8.0.0
An Owner shall notify the Director of Environmental Services
no less than forty-eight (48) hours in advance of the date on
which the Owner requires the City to temporarily turn off the
Water supply to a Property. If the Owner requires the Water
supply to the Property to be turned off permanently then the
Owner shall make the request in writing and provide the Director
of Environmental Services with the written notification a
minimum of fifteen (15) Business Days prior to the turn off date.
8.0.1
The Owner shall pay the City fees to turn off the Water supply
to a Property either temporarily or permanently in accordance
with the Fee By-law.
8.0.2
In the event that the Property is occupied by Occupants, the
Owner shall also provide the Occupants with written notice of the
Water turn off at the same time the Owner notifies the City in
accordance with this By-law.
8.0.3
The Owner shall make an appointment with the City and the
Owner or his/her authorized agent shall attend at the Property to
ensure the City has access to the Property, Water Meter and the
Water Shut Off Valve when the Water supply is being turned off.
8.0.4
In the event that an Owner or his/her authorized agent fails to
attend at or provide the City access to the Property at the set
appointment time, then the Owner shall pay the cost for the
missed appointment in accordance with the Fee By-law.
8.0.5
In the case of an emergency requiring the Water to be turned
off, the notice requirements in this By-law may be waived by the
Director of Environmental Services.
8.0.6
No Person shall turn off the supply of Water to a Property at the
Water Shut Off Valve, without the prior authorization of the
Director of Environmental Services.
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8.1
Water Turn on by Request
8.1.0
An Owner shall notify the Director of Environmental Services
no less than forty-eight (48) hours in advance of the date on
which the Owner requires the City Water supply to the Property
to be turned on.
8.1.1
The Owner shall pay the City fees to turn on the Water supply to
a Property either temporarily or permanently in accordance with
the provisions of the Fee By-law.
8.1.2
The Owner shall make an appointment with the City and the
Owner or his/her agent shall attend at the Property to ensure the
City has access to the Property, Water Meter and the Water Shut
Off Valve when the Water supply is being turned on.
8.1.3
In the event that Owner or his/her authorized agent fails to
attend at or provide the City access to the Property, at the
appointment time set, then the Owner shall pay the cost for the
missed appointment in accordance with the Fee By-law.
8.1.4
No Person shall turn on the supply of Water to a Property at the
Water Shut Off Valve without the prior authorization of the
Director of Environmental Services.
8.2
Water Turn off / Reduction of Water supply by the City
8.2.0
The Director of Environmental Services may, as he/she deems
appropriate, turn off or reduce the Water supply to a Property as
follows:
a. Turn off the supply of Water if fees or charges payable by the
Owners or Occupants of the Property for the supply of Water
to the Property are overdue or in arrears, upon providing
reasonable notice of the proposed turn off to the Owners and
Occupants of the Property by personal service or prepaid mail
or by posting the notice on the Property in a conspicuous
place;
b. Turn off the Water if fees or charges payable by the Owners or
Occupants of the Property in respect of a sewage system are
overdue or are in arrears, and the fees and charges are based
on the fees payable for the supply of Water to the Property,
upon providing reasonable notice of the proposed turn off to
the Owners and Occupants of the Property by personal service
or prepaid mail or by posting the notice on the Property in a
conspicuous place;
c. Turn off or reduce the supply of Water as a result of an
emergency, including but not limited to a leak in a Private
Water Service Pipe, a Private Fire Service Main, a private fire
hydrant, a Water Meter, a Watermain, Water Service
Connection or any part of the Waterworks System if, in the
circumstances, reasonable notice of the intention to interrupt
or reduce the supply of Water is given;
d. Turn off or reduce the supply of Water as result of a
breakdown, repair or extension of the Waterworks System if,
in the circumstances, reasonable notice of the intention to
interrupt or reduce the supply of Water is given;
e. Turn off or reduce the supply of Water to a Property in order
to inspect, repair, alter or disconnect the service pipe or wire,
machinery, equipment and other works used to supply Water,
including but not limited to any part of the Waterworks
System;
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f. Turn off or reduce the supply of Water to a Property in order
to inspect, install, repair, replace or alter a Water Meter,
Remote Readout Unit, Water Meter Chamber, or any other
meter used by the City to measure the quantity of Water
consumed at or on a Property;
g. In the event that the Director of Environmental Services
determines, in his/her sole discretion, that an immediate threat
of contamination to any part of the Waterworks System exists
that may endanger public health or safety, the City at its
discretion, may without prior notice, discontinue the Water
supply to any Property, for the purposes of preventing or
containing any such threat of contamination in accordance
with the Safe Drinking Water Act, 2002, S.O. 2002, c.32, as
amended;
h. Turn off or reduce the supply of Water temporarily or
permanently, at the request of the Owner and upon approval
of the Director of Environmental Services pursuant to the
provisions of this By-law; or
i. Turn off or reduce the supply of Water in accordance with any
provision of this By-law or in accordance with the Municipal
Act or all other Applicable Law.
8.2.1
If the Water supply to a Property has been turned off by the
City, no Person shall turn on or use the Water supply or permit
the Water supply to be turned on or used without the prior written
approval of the Director of Environmental Services.
8.2.2
The City shall not be liable for damages or loss caused,
including but not limited to direct or consequential damages, by
the interruption or reduction of the amount of Water supplied to
the land or Property of any Person as a result of an emergency or
a breakdown, repair or extension of the Waterworks System if, in
the circumstances, reasonable notice of the City's intention to
interrupt or reduce the supply of Water is given.
9 FIRE HYDRANTS
9.0
Public Fire Hydrants
9.0.0
No Person shall at any time operate or take Water from a public
fire hydrant except:
a. a municipal fire fighter, where Water is required for fire
protection or fire training purposes;
b. a Person who has written authorization from the Director of
Environmental Services and in accordance with the terms and
conditions of the written authorization;
c. a Person who is the holder of a hydrant permit issued under
section 9.3 of this By-law; or
d. a water operator from the City's Environmental Services
Department, or any successor.
9.0.1
No Person shall park an automobile, truck or vehicle of any
description on a public road within a distance of three (3) meters
of any public fire hydrant measured along the curb line or along
the shoulder of the roadway immediately adjacent to the public
fire hydrant.
9.0.2
A driveway shall be constructed no closer than one and half
(1.5) meters from a public fire hydrant.
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9.0.3
Anti-tampering devices
Where anti-tampering devices are required to be installed on fire
hydrants in new developments, the cost of purchasing, installing
and maintaining such devices shall be borne by the Developer or
Builder.
9.1
Private Fire Hydrants
9.1.0
No Person shall install a private fire hydrant unless the
following requirements have been met to the satisfaction of the
Director of Engineering:
a. a complete application to install the private fire hydrant has
been submitted on the prescribed form to the City;
b. the type of the private fire hydrant to be installed is approved
by the Director of Engineering;
c. the manufacturer of the private fire hydrant to be installed is
approved by the Director of Engineering; and
d. a Building Permit for the installation of the private fire
hydrant has been issued by the Chief Building Official.
9.1.1
The Director of Engineering may approve or reject applications
for the installation of a private fire hydrant based on compliance
with the requirements set out in the City Standards and
Specifications.
9.2
Fire Hydrant Flow Tests
9.2.0
A Person may make an application to the Director of
Environmental Services on the prescribed form requesting
permission to conduct a public fire hydrant or a private fire
hydrant flow test in order to determine the characteristics of the
local Waterworks System.
9.2.1
A Person requesting a fire hydrant flow test shall pay to the City
in advance of the test, all applicable fees and charges associated
with the performance of the test in the amounts as set out in the
Fee By-law.
9.2.2
The Person shall provide the Director of Environmental
Services with a copy of the flow test results promptly upon the
completion of the test. Such flow test results shall include the
date, time, location and duration of the fire hydrant flow test.
9.3
Fire Hydrant Permits
9.3.0
A Person may make an application to the Director of
Environmental Services on the prescribed form for a hydrant
permit for the temporary supply of Water from a public fire
hydrant.
9.3.1
The Director of Environmental Services may, by issuing a
hydrant permit, authorize the use of a specified fire hydrant for
the temporary supply of Water for a specified period of time and
subject to specified conditions, including but not limited to the
supervision of such use by the City. A hydrant permit may, at the
discretion of the Director of Environmental Services, be
suspended for any length of time.
9.3.2
If an application has been approved by the Director of
Environmental Services and a hydrant permit has been issued,
the City will provide and install a Backflow Preventer, a valve
and a temporary hydrant meter on the public fire hydrant. Prior to
the City's turn on of the Water supply at the hydrant, the
Applicant shall provide the City with a security deposit as set out
in the Fee By-law to ensure the safe return and proper working
By-law 2019-53
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condition of the Backflow Preventer, temporary hydrant meter and
valve supplied by the City and to cover against any potential
damage that may be caused to the fire hydrant. The Applicant
shall be responsible for reimbursing the City for all costs
associated with any damage caused, including but not limited to
repair or replacement costs to the Backflow Preventer, temporary
hydrant meter, valve or fire hydrant and any other damage arising
out of or in relation to the fire hydrant, its use and/or the use of
Water from the fire hydrant. The City may draw upon the security
deposit provided to cover the costs of any such damage.
9.3.3
No Person shall remove or tamper with the supplied Backflow
Preventer, valve and temporary hydrant meter installed on the
public fire hydrant for the temporary supply of Water.
9.3.4
Water shall only be supplied from the public fire hydrant
through the temporary hydrant meter. No Person shall connect to
the public fire hydrant or take Water from the public fire hydrant
except through the temporary hydrant meter installed by the City.
9.3.5
When the hydrant permit issued for the temporary use of the
public fire hydrant has expired or its use is complete, the City will
remove the Backflow Preventer, valve and temporary hydrant
meter from the public fire hydrant and the Applicant shall pay the
City for the following fees and charges at such rates and in the
amounts as set out in the Fee By-law:
a. all Water consumption registered on the hydrant meter
installed on the public fire hydrant;
b. the rental fee for using the public fire hydrant; and
c. the hydrant meter installation and removal by the City.
9.4 Fire Hydrant Relocation
9.4.0
Application and Cost of Relocation
a. A Person may submit an application on the prescribed City
form to the Director of Environmental Services for the
relocation of a public fire hydrant.
b. If the Director of Environmental Services approves the
relocation of a public fire hydrant in accordance with the City
Standards and Specifications, the Applicant shall pay all costs
associated with and incurred by the City for the relocation of
the fire hydrant. Prior to the commencement of any work by
the City, the Applicant shall provide the funding in the form
of a deposit, the amount of which to be determined by the
Director of Environmental Services and which shall include a
minimum of twenty percent (20%) contingency.
9.4.1
Construction and Payment
a. Upon completion of the fire hydrant relocation, including
surface restoration, the Director of Environmental Services
shall determine the cost of the fire hydrant relocation, site
restoration and the administrative fees. The Applicant shall
pay for those actual costs and all applicable fees and charges
in the amount as set out in the Fee By-law.
b. In the event that the actual cost of the work is greater than the
original deposit provided, the City shall issue an invoice to
the Applicant detailing the difference between the actual cost
and the deposit. The Applicant shall pay the outstanding
balance by the due date stated on the invoice.
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c. In the event that the actual cost of the work is less than the
original deposit provided, the City shall refund the difference
between the actual cost and the deposit to the Applicant.
10 WATER USE RESTRICTION
10.0 Lawn Watering Restriction
10.0.0
No Person shall use or cause or permit the use of Water from the
Waterworks System for the purpose of watering a lawn by hose,
pipe, sprinkler or permanent Irrigation System at any time
between June 1st and September 30th in every year except as
follows:
a. All Owners or Occupants of residential properties with an
even numbered municipal address shall be permitted to use
water between 6:00 a.m. and 9:00 a.m. or 6:00 p.m. and 9:00
p.m. on an even numbered day of the month.
b. All Owners or Occupants of residential properties with an odd
numbered municipal address shall be permitted to use water
between 6:00 a.m. and 9:00 a.m. or 6:00 p.m. and 9:00 p.m.
on an odd numbered day of the month.
c. All Owners or Occupants of residential properties shall be
permitted to use water between 6:00 a.m. and 9:00 a.m. or
6:00 p.m. and 9:00 p.m. on the 31st day of the month.
d. The provision of sections 10.0.0 (a), 10.0.0 (b) and 10.0.0 (c)
shall apply to all ICI Properties, and Multi-Residential
buildings provided that watering shall be permitted for three
(3) hours only between the hours of midnight (12:00 a.m.) and
6:00 a.m.
10.0.1
The lawn watering restriction set out in section 10.0.0, shall not
apply to newly laid sod for a period of two (2) months after the
sod is first laid.
10.1 Water Use Restriction Order
10.1.0
The Director of Environmental Services may issue a Water Use
Restriction Order in the event that the Director of Environmental
Services determines:
a. there is insufficient Water supply in the Waterworks System to
maintain an appropriate volume of Water storage for the
continued proper and safe operation of the Waterworks
System; or
b. there is insufficient Water pressure in the Waterworks System
for firefighting purposes; or
c. there is an upset or flow restriction caused by the maintenance
activities of the Waterworks System.
10.1.1
The Director of Environmental Services will give reasonable
notice to the public describing the circumstances associated with
the issuance of a Water Use Restriction Order, the date on which
it is to take effect and the conditions or restrictions of the Water
use that would apply. Notice may be given by any means that, in
the opinion of the Director of Environmental Services, is
sufficient to provide reasonable notice to the public of the Water
Use Restriction Order, which may include posting on the City's
website.
10.1.2
No Person, shall use or cause or permit, the use of Water in
contravention of the conditions set out in the Water Use
Restriction Order issued by the Director of Environmental
Services.
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10.1.3
Once the situation that caused the issuance of the Water Use
Restriction Order has been resolved or is no longer in effect, the
Director of Environmental Services will withdraw the Water Use
Restriction Order.
11 MISCELLANEOUS REQUIREMENTS
11.0 Private Water Supply System
11.0.0
Conversion from Private Well Supply to the Waterworks
System
a. If a residential Property is originally serviced by a private
Well system and the Owner requests to convert it to the
Waterworks System, the Owner shall make an application for
a Water Service Connection for such conversion.
b. The Water Service Connection application for such conversion
shall conform to section 6.0 of this By-law.
c. Upon the Director of Environmental Services or Director of
Engineering's approval of an application for a Water Service
Connection pursuant to section 6.0 and after the Water
Service Connection has been installed, the City will not turn
on the Water supply until the Owner has complied with the
following conditions to the satisfaction of the Chief Building
Official:
i.
The original private Well connection shall be fully and
properly disconnected from the Building to the
satisfaction of the Chief Building Official ;
ii.
A Water Meter has been installed on the Property by
the City; and
iii.
All disconnection and Plumbing Works have been fully
inspected and approved by and are to the satisfaction of
the Chief Building Official.
d. After the conversion from a Private Well supply to the
Waterworks System is complete in accordance with section
11.0.0 (c), the Owner shall comply with the following:
i.
The original private Well system shall be properly
abandoned and decommissioned in accordance with the
Wells Regulation; and
ii.
All documentation related to the Well abandonment
and decommission shall be submitted to the Chief
Building Official for review.
11.0.1
Prohibition of New Private Well within Municipal Water
Service Areas
a. Where municipal Water Service Connections are available, the
establishment of a new private Well or the replacement of an
existing private Well used as a primary or auxiliary Water
supply for any permanent Water use purpose is prohibited.
b. Exemptions
Notwithstanding section 11.0.1 (a), a private Well may be
permitted with the prior written approval of the Director of
Environmental Services and subject to any conditions imposed
by the Director of Environmental Services, including payment
of any applicable fees, in the following circumstances:
i.
private Well which legally existed prior to the date of
passing this By-law;
By-law 2019-53
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ii.
private Well used for watering grass in golf courses or
for use in agriculture-designated farms, hobby farms,
or demonstration farms applications;
iii.
private Well installed for the purpose of environmental
site remediation, water monitoring or site dewatering;
iv.
private Well owned or operated by the City, or
approved by the City and located on lands owned by
the City; or
v.
Any such other private Well approved by the Director
of Environmental Services.
11.1 Steam Boilers
11.1.0
Where steam boilers are supplied with Water from the
Waterworks System, the City shall not be liable for any damage,
including but not limited to direct or consequential damages,
which may result to any Person, Property or equipment that may
arise from turning off the Water supply for any purpose
whatsoever, even if notice is not given by the City prior to turning
off the Water supply, or arising out of or related to an uneven
Water pressure.
11.1.1
For all Water Service Connections to boilers, an Owner shall
install Backflow Preventers and suitable relief valves or
expansion tanks to relieve thermal expansion.
11.2 Water-Cooled Air-Conditioning Systems
11.2.0
No Person shall use any Water supplied by the City in any air-
conditioning installation whatsoever, except only in those air-
conditioning installations where Water is only used for make-up
purposes and no Water is permitted to run to waste.
11.2.1
An exemption from section 11.2.0 may be permitted only in
exceptional circumstances as approved by the Director of
Environmental Services and shall be subject to any conditions
imposed by the Director of Environmental Services.
12 BILLINGS AND COLLECTION OF ACCOUNTS
12.0 Changes of occupancy and Consumer information must be reported
12.0.0
The Owner of Property shall notify the City in writing of any
change of occupancy to the Property and shall pay all applicable
fees and charges for the change of occupancy.
12.0.1
The City may require a new Occupant or Consumer to complete
and sign a Consumer information form.
12.1 Non-Metered and Metered Accounts
12.1.0
Non-metered Accounts shall be charged with the "flat rate water
charge" as set out in the Fee By-law.
12.1.1
Metered Accounts shall be charged with the "water rate" as set
out in the Fee By-law.
12.2 Regular Billings
12.2.0
Accounts shall be billed monthly, bi-monthly or on any other
basis at the discretion of the Director of Environmental Services
or Treasurer. The bill shall be deemed to be served upon the
Consumer if it is delivered or sent by mail to the mailing
addresses provided by the Consumer.
12.2.1
When Water Rates change through a billing period, the Water
use charge shall be prorated for that billing period.
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12.3 Final Billings
12.3.0
When a Consumer proposes to vacate any Property supplied by
Water, the Consumer shall give notice to the City at least two (2)
business days before vacating the Property to permit the reading
of the Water Meter. If such notice is not given, then the Consumer
may be billed for:
a. an estimated bill; or
b. the amount calculated by the next Water Meter reading,
whichever is the greatest.
12.3.1
Any Person who has moved into or is newly occupying a
Building supplied with Water shall notify the City immediately so
that the Water Meter may be read and so that the Account and
records may be updated.
12.4 Water Meter does not record properly or cannot be read − Estimated
Consumption
12.4.0
In the event of a Water Meter failing to record properly, or
where the Remote Readout Unit is unable to obtain a reading, the
Consumer shall pay the estimated Water consumption on the
basis of a corresponding period in the immediately previous year.
12.4.1
Where the Consumer did not occupy the same Property for the
corresponding period in the immediately previous year, then the
Consumer shall pay the estimated Water consumption on the
basis of a similar period in the current year.
12.4.2
Where section 12.4.0 and 12.4.1 do not apply, then the
Consumer shall pay the applicable "flat rate water charge" as set
out in the Fee By-law.
12.5 Water Meters without Remote Readout Unit
12.5.0
If it is not feasible to install a Remote Readout Unit to a Water
Meter on a Property and the Owner obtained the approval of
Director of Environmental Services to make Water Meter
readings by themselves, the Owner or Occupant shall provide the
Water Meter readings to the City at the agreed upon and required
regular Water billing frequency.
12.5.1
If the Owner or Occupant fails to provide a Water Meter reading
to the City within or by the required time, the Owner or Occupant
shall pay for the estimated Water consumption on the basis of a
corresponding period in the immediately previous year.
12.5.2
After two consecutive estimated Water consumptions, the
Owner or Occupant shall provide the City with access to the
Property to read the Water Meter. If the Owner or Occupant fails
to provide the City access to read the Water Meter, then the
Owner or Occupant shall pay for the Water consumption
estimated at the discretion of the Director of Environmental
Services.
12.6 Charges for late payment
When an Account is not paid by the due date stated on the bill, the
Account is overdue and a late payment charge will be assessed to the
Account.
12.7 Notice of non-payment
12.7.0
Where an Account remains unpaid thirty (30) days after the due
date on the Water Bill, a final notice shall be sent out by the
regular mail to the Consumer and Property Owner.
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12.7.1
If the Account remains unpaid sixty (60) days after the due date
on the Water Bill, the City may do any or all of the following:
a. Turn off or reduce the Water supply to the Property;
b. Add the Water arrears to the Tax Roll of the Property and
collect it in the same manner as municipal taxes; and/or
c. Use any other means or method to collect any unpaid or
overdue Accounts available at law.
12.8 Records of Non-payment
12.8.0
The City shall keep records of unpaid or overdue Accounts.
Such records shall include the street, number and location of the
Property, and if the Water has been turned off for non-payment of
Account balance. Records of non-payment kept by the City shall
be for the information and protection of any Person or Persons
intending to purchase any Property, and such Person or Persons
who inquire with the City whether any Accounts of non-payment
appear upon such records.
12.8.1
If no such Accounts appear, such Person may, upon the payment
of a records search fee as set out in Fees By-law, receive a
certificate from the City to that effect, but unless such certificate
is issued, the City may collect any sums which may be
subsequently discovered to have been due against such Property,
but which were not discovered or had been omitted from the
register at the time of search.
12.8.2
Sections 12.8.0 and 12.8.1 shall not preclude or stop the City
from using any other means or method of collecting any unpaid
or overdue Accounts available at law.
12.9 Collection of non-payment from the Property Owner
12.9.0
All fees charged for Water consumed or supplied to a Property,
or fees, charges or expenses incurred for the replacement or
repair of Private Water Service Pipes, Water Meters, fixtures and
all other appliances connected to a Water Service Connection or
the Waterworks System or for damage to the same, shall be
regarded as due and owing to the City from the Owner of the
Property.
12.10 Water Turn off or Reduction for Non-payment
12.10.0
If an overdue Account cannot be collected from the Owner or
the Occupant of the Property, the Director of Environmental
Services may turn off or reduce Water supply to the Property. An
application to turn on the Water supply to the Property will not be
approved by the Director of Environmental Services
notwithstanding that the Property may have changed ownership
or occupancy, until such unpaid Account and other fees and
charges owing have been paid in full to the City.
12.10.1
When Water is supplied to more than one party through a single
Water Meter, the Account for the Water supply will be in the
name of the Owner of the Property and the payment shall be the
responsibility of the Owner. In case of an overdue Account, the
Water may be turned off by the Director of Environmental
Services for non-payment of an overdue Account by the Owner,
notwithstanding that one or more of the parties have paid their
proportion of the Account to the Owner or to any other party.
12.10.2
Prior to turning off the Water to a Property for non-payment of
an overdue Account, the City shall provide reasonable notice of
the proposed Water turn off to the Owner and Occupier of the
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Property by personal service, prepaid mail or by posting the
notice on the Property in a conspicuous place.
12.10.3
When the Water has been turned off by the Director of
Environmental Services for non-payment of an overdue Account,
it will not be turned on until all outstanding Accounts and all
applicable fees and charges for the Water turn off and turn on in
the amounts as set out in the Fee By-law have been paid in full to
the City.
12.11 Water Arrears collected as a lien on Property
12.11.0
Unpaid fees and charges for the supply of Water to a Property
shall have priority lien status, and may be added to the Tax Roll
of the Property to which the Water was supplied in accordance
with the Municipal Act.
12.11.1
When the unpaid fees and charges are levied to a condominium
Property where the Water supplied is measured and accounted for
by a single bulk Water Meter, the unpaid Water fees and charges
of a condominium corporation may be transferred to the Tax
Rolls against the corporation's individual condominium units on a
pro-rata basis equal to the proportions, expressed in percentages,
allocated to the units, in which the unit owners are to contribute
to the common expenses as set out in the declaration of the
condominium corporation. The City Treasurer or designate may
exempt units, in whole or in part, from their proportionate share
of Water arrears where such units are directly supplied with
metered Water.
13 CONTACT INFORMATION
13.0 Every Owner of a Property where a Water Meter has been or is going to be
installed shall provide the City with the following information:
13.0.0
Legal name, address and current telephone number of the
Owner;
13.0.1
Legal name, address and current telephone number of the
Occupant(s); and
13.0.2
Where an Owner has appointed an authorized agent to act on
their behalf, the Owner shall provide the name, address and
current telephone number of the authorized agent.
13.1 In the event that there is a change in any of the information provided to the
City pursuant to section 13.0, then an Owner shall provide the City with
updated information in writing within five (5) Business Days from the date
the change occurred.
14 POWERS OF ENTRY
14.0 No Person shall hinder, obstruct, or attempt to hinder or obstruct or to
deny the City or any City employee, Municipal Law Enforcement Officer,
authorized agent or contractor expressly acting within the scope of this
By-law or pursuant to the Municipal Act access to a Property for any
purpose provided for in this By-law or pursuant to the Municipal Act.
14.1 Any Person who hinders or obstructs, or attempts to hinder or obstruct, or
who denies access to the City or any City employee, Municipal Law
Enforcement Officer, authorized agent or contractor expressly acting
within the scope of this By-law or pursuant to the Municipal Act shall be
deemed to be in contravention of this By-law.
14.2 The City or any City employee, Municipal Law Enforcement Officer,
authorized agent or contractor expressly acting within the scope of this
By-law or pursuant to the Municipal Act may enter onto land or Property
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to which Water is supplied by the City at any reasonable time in
accordance with the requirements of this By-law and sections 79, 80, 435,
436, 437 and 438 of the Municipal Act, in order to:
14.2.0
Inspect, repair, alter or disconnect a service pipe or wire,
machinery, equipment and other works used to supply Water;
14.2.1
Read, inspect, install, repair, replace, maintain, alter or remove a
Water Meter, AMI or Remote Readout Unit;
14.2.2
Inspect a Backflow Preventer;
14.2.3
Turn off or reduce the Water supply;
14.2.4
When a Customer discontinues the use of Water or the City
lawfully ceases supplying Water to the Property, to: turn off the
Water; to remove any property of the City; and/or to determine
whether Water has been, or is being, unlawfully used;
14.2.5
Inspect Water service leakage including Private Water Service
Pipe or Private Fire Service Main or private fire hydrant;
14.2.6
Follow up on an Order issued under this By-law;
14.2.7
Follow up on an Order made under section 431 of the Municipal
Act;
14.2.8
Carry out an inspection to determine compliance with the
requirements or provisions of this By-law, or a direction or Order
issued pursuant to this By-law;
14.2.9
Undertake remedial work in accordance with this By-law or the
Municipal Act; and/or.
14.2.10
For any other purpose authorized by this By-law or the
Municipal Act.
14.3
When exercising its power of entry under this By-law, the City will
provide reasonable notice to the Owner or Occupier when required by and
in accordance with sections 435 and 437 of the Municipal Act.
14.4
Where an inspection is conducted by a Municipal Law Enforcement
Officer, City employee, or authorized agent, the City representative
conducting the inspection may, in accordance with section 436 (2) of the
Municipal Act:
14.4.0
Require the production for inspection of documents or things
relevant to the inspection;
14.4.1
Inspect and remove documents or things relevant to the
inspection for the purpose of making copies or extracts;
14.4.2
Require information from any person concerning a matter
relating to the inspection; and
14.4.3
Alone or in conjunction with a person possessing special or
expert knowledge make examinations or take tests, samples or
photographs necessary for the purpose of the inspection.
14.5
When the City has provided notice to exercise a power of entry when
required by and in accordance with this By-law and the Municipal Act, and
the Owner or Occupier has not provided access within the time set out in
the City notice, the Owner or Occupier will be charged a "missed
appointment or service refusal" fee in the amount as set out in the Fee By-
law to compensate the City for costs incurred in attempting access and for
each subsequent attempt.
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15 ENFORCEMENT
15.0
The provisions of this By-law may be enforced by a Municipal Law
Enforcement Officer or any other City staff authorized to do so by the
Director of Environmental Services.
15.1
A Municipal Law Enforcement Officer who has reasonable grounds to
believe that a Person has contravened any provision of this By-law may
require that Person to provide their identification to the Officer.
15.2
Every Person who is required by a Municipal Law Enforcement Officer to
provide identification under section 15.1 shall identify themselves to the
Municipal Law Enforcement Officer and give their correct name, date of
birth, and address, which shall constitute sufficient identification. Failure
to provide sufficient identification shall constitute obstruction of the
Municipal Law Enforcement Officer.
16 OFFENCES
16.0
Every Person who contravenes or fails to comply with any provision of
this By-law or an Order or notice issued pursuant to this By-law is guilty
of an offence.
16.1
Every Person who contravenes or fails to comply with any provision of
this By-law is guilty of an offence and upon conviction is liable to a fine
as provided for by the Provincial Offences Act, R.S.O. 1990, Chapter
P.33, as amended.
16.2
No Person shall fail to comply with any conditions or term of any Order or
notice issued under this By-law.
16.3
No Person shall hinder or obstruct, or attempt to hinder or obstruct, a
Municipal Law Enforcement Office or any person who is exercising a
power or performing a duty under this By-law.
16.4
If there is a contravention of any provision of this By-law, and the
contravention has not been corrected, the contravention of the provision
shall be deemed to be a Continuing Offence for each day or part of a day
that the contravention remains uncorrected.
16.5
If any Order has been issued under this By-law, and the Order has not
been complied with, the contravention of the Order shall be deemed to be
a Continuing Offence for each day or part of a day that the Order is not
complied with.
16.6
For purposes of this By-law, an offence is a second or subsequent offence
if the act giving rises to the offence occurred after a conviction had been
entered at an earlier date for the same offence.
17 PENALTY PROVISIONS
17.0
Every Person who is guilty of an offence under this By-law, upon
conviction shall be subject to the following penalties established pursuant
to the Municipal Act:
17.0.0
Upon first conviction, to a fine of not less than Two Hundred
and Fifty Dollars ($250.00) and not more than Fifty Thousand
Dollars ($50,000.00).
17.0.1
Upon a second or subsequent conviction for the same offence, to
a fine of not less than Four Hundred Dollars ($400.00) and not
more than One Hundred Thousand Dollars ($100,000.00).
17.0.2
Upon conviction for a Continuing Offence, to a fine of not less
than Two Hundred and Fifty Dollars ($250.00) and not more
than Ten Thousand Dollars ($10,000.00) for each day or part of
the day that the offence continues. The total of the daily fines
may exceed One Hundred Thousand Dollars ($100,000.00).
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17.0.3
Upon conviction of a Multiple Offence, to a fine of not less than
Two Hundred and Fifty Dollars ($250.00) and not more than Ten
Thousand Dollars ($10,000.00) for each offence included in the
Multiple Offence. The total of all fines for each included offence
may exceed One Hundred Thousand Dollars ($100,000.00).
17.1
Proceeds of Fines
Pursuant to subsection 433 (1) of the Municipal Act, where a Person has
been convicted of any offence under this By-law, every fine imposed for a
contravention of this By-law belongs to the City.
17.2
Unpaid Fines
Pursuant to subsection 441.1 of the Municipal Act, the Treasurer may add
any part of a fine for a commission of a provincial offence that is in default
under section 69 of the Provincial Offences Act to the Tax Roll for any
Propertyin the local municipality for which all of the Owners are
responsible for paying the fine and collect it in the same manner as
municipal taxes.
18 ADMINISTRATIVE PENALTIES
18.0
Instead of laying a charge under the Provincial Offences Act for a breach
of any provision of this By-law, an Order, a Work Order, or any other
order issued pursuant to this By-law, a Municipal Law Enforcement
Officer may issue an Administrative Penalty to the Person who has
contravened this By-law.
18.1
The Municipal Law Enforcement Officer has the discretion to either
proceed by way of an Administrative Penalty or a charge laid under the
Provincial Offences Act. If an Administrative Penalty is issued to a Person
for the breach, no charge shall be laid against that same Person for the
same breach.
18.2
The amount of the Administrative Penalty for a breach of a provision of
this By-law, a Work Order or Order issued under this By-law is fixed as
set out in the AMPS By-law for Non-Parking Offences, as amended, or
any successor by-law.
18.3
A Person who is issued an Administrative Penalty shall be subject to the
procedures as provided for in the AMPS By-law for Non-Parking
Offences, as amended, or any successor by-law.
18.4
An Administrative Penalty imposed on a Person pursuant to this By-law
that is not paid within fifteen (15) days after the day it becomes due and
payable, constitutes a debt of the Person to the City and may be added to a
Tax Roll and collected in the same manner as municipal taxes.
19 GENERAL BY-LAW ENFORCEMENT POWERS
19.0
Order to Discontinue Activity
Pursuant to section 444 of the Municipal Act, the City may issue an Order
requiring any Person, who contravened this By-law or who caused or
permitted the contravention or the Owner or Occupier of the land or
Property on which the contravention occurred to discontinue the
contravening activity.
19.1
Work Order
Pursuant to section 445 of the Municipal Act, the City may issue an Order
requiring any Person, who contravened this By-law or who caused or
permitted the contravention or the Owner or Occupier of the land or
Property on which the contravention occurred to do the work to correct the
contravention.
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19.2
Remedial Action
Wherever this By-law or an Order issued pursuant to this By-law directs or
requires any work or thing to be done, in default of its being done by the
Person directed or required to do it, such work or thing may be done by the
City at the expense of the Person. Pursuant to section 446 of the Municipal
Act, the City may recover all the costs incurred in doing the work or thing
from the Person directed or required to do it by action or by adding the
costs to the Tax Roll and collecting them in the same manner as municipal
taxes.
20 NOTICE/SERVICE
20.0
Where an Order is issued or a notice is given by the City, unless otherwise
provided for in this By-law, the Order or notice may be served:
20.0.0
personally on the Person to whom it is directed;
20.0.1
mailed by regular mail to the last known address provided to the
City of the Person to whom it is directed; or
20.0.2
posted in a conspicuous place at the subject Property.
20.1
A Person is deemed to be in receipt of the Order or notice on the date it is
served personally or posted at the subject Property and five (5) Business
Days after the Order or notice is posted by mail to the last known address
provided to the City. If no address for the Person has been provided, then
the City will send the Order or notice by mail to the Property address
identified on the Tax Rolls.
21 FEES
21.0
Service Fees
21.0.0
The municipal service fees for the administration and
enforcement of this By-law shall be in accordance with the City's
Licensing, Permit and Service Fees By-law.
21.0.1
Service fees for the administration and enforcement of this By-
law may be applied when a contravention has been confirmed by
a Municipal Law Enforcement Officer pursuant to the Licensing,
Permit and Service Fees By-law.
21.1
Recovery of Costs
Pursuant to section 446 of the Municipal Act, where the City, its
employees or authorized agents have performed work required to bring the
Property into compliance with the By-law, all expenses incurred by the
City in doing the work as well as any related fees, shall be deemed to be a
debt to the City and may be collected by action or the costs may be added
to the Tax Roll for the Property and collected in the same manner as
municipal taxes.
21.2
Fees and charges imposed on a Person pursuant to the Fee By-law, or the
Licensing, Permit and Service Fees By-law, as may be amended from time
to time, constitute a debt of the Person to the City. The Treasurer may add
such fees and charges imposed by the City to the Tax Roll in accordance
with the provisions of section 398(2) of the Municipal Act and collect
them in the same manner as municipal taxes.
21.3
Any fees, charges and administrative costs associated with this By-law are
non- refundable and are either set out in the Fee By-law or the Licensing,
Permit and Service Fees By-law, as may be amended from time to time.
22 GENERAL PROVISIONS
Where a timeframe is set out in this By-law for carrying out any action, the
Director of Environmental Services may extend the time for compliance beyond