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THE CORPORATION OF THE TOWN OF MONO
BYLAW NUMBER 2014 - 35
BEING A BYLAW TO ENACT RULES AND REGULATIONS FOR THE
MAINTENANCE,
OPERATION,
EXPANSION
AND
USE
OF
MUNICIPAL WATER SYSTEMS IN THE TOWN OF MONO AND TO
SET
OUT
WATER
SERVICE
RATES
CHARGED
BY
THE
CORPORATION OF THE TOWN OF MONO FOR WATER SUPPLIED
FROM THE MUNICIPAL WATER SYSTEM(S).
WHEREAS, The Municipal Act, 2001, S.O. 2001, c. 25 distributes powers to the
Municipality, which powers provide that the Municipality may regulate the production,
treatment and distribution of water within the Municipality;
AND WHEREAS the Corporation of the Town of Mono has constructed and/or
assumed ownership of the water works system in the municipality to supply water to
consumers and owners within the Town of Mono;
AND WHEREAS Section 391 of the Municipal Act, S.O., 2001 provides for the
passing of bylaws imposing fees or charges on any class of persons; for services or
activities provided or done by or on behalf of the Municipality;
AND WHEREAS Section 398 of the Municipal Act, S.O. 2001 provides that fees and
charges imposed by a Municipality may be added to the tax roll for the following
property in the local Municipality and collected in the same manner as Municipal
taxes;
THE COUNCIL of the Corporation of the Town of Mono deems it expedient and
desirable to make certain rules and regulations for the operation, maintenance and
use of the water system.
1.
DEFINITIONS IN THIS BYLAW
1.01 "Backflow Preventer" means a mechanical assembly, device, or method that
has been specifically designed and installed to prevent a backflow into a
drinking water system.
1.02 "Chief Building Official" means the Chief Building Official of the County of
Dufferin or his or her designate.
1.03 "Consumer" means, as the context requires, the applicant for water supply, the
owner or occupant of the premises receiving water supply, as the case may
be, and the person to whom invoices are sent for water supplied to a
premises.
1.04 "Council" shall mean the Municipal Council of The Corporation of the Town of
Mono.
1.05 "Cross Connection" means an actual or potential connection between any part
of a Drinking Water System and any other environment containing other
substances which allows or has the potential to allow a Foreign Substance to
enter a Drinking Water System. Bypass arrangements, jumper connections,
removable sections, swivel or changeover devices or any other temporary or
permanent connecting arrangements through which a Backflow may occur are
considered to be Cross Connections.
1.06 "Director of Public Works" means the Director of Public Works of The
Municipality of the Town of Mono.
1.07 "Dwelling" means a building occupied or capable of being occupied as the
home or residence of one or more persons. This definition includes any
accessory apartment constructed therein.
Amended by
2024 - 47
Amended by
Bylaw 2025-42
- 2 -
1.08 "Inspector" means any person duly authorized by the Municipality to perform
inspections under this bylaw.
1.09 "Municipal Water System" means the pipes, fixtures and other appurtenances
used for the purpose of supplying premises in the Municipality with water,
which are owned and assumed by the Municipality. The Municipal Water
System includes all Municipally owned water mains, laterals to the limit of the
municipal right of way abutting private property and all curbstops.
1.10 "Municipality" means The Corporation of the Town of Mono.
1.11 "Operator" means any person duly authorized by the Municipality to perform
maintenance, operate valves or curbstops or turn on hydrants connected to
the Municipal Water System.
1.12 "Owner" means the registered owner of a premises supplied with water from
the Municipal Water System.
1.13 "Premises" means the property being supplied or to be supplied with water
and includes a portion of a multiple occupancy premises which is supplied
separately.
1.14 "Private Water System" means the pipes and fixtures used for the purpose of
supplying any premises in the Municipality with water from the limit of the
Municipal Water System to the premises so supplied.
1.15 "Treasurer" means the Treasurer of the Municipality.
2.
GENERAL PROVISIONS
2.01 The Director of Public Works or delegate shall enforce the provisions of this
bylaw related to the Municipal Water System.
2.02 The Chief Building Official shall have the following duties under this bylaw:
a) to enforce the provisions of this bylaw relating to Private Water Services;
b) to supervise and inspect all construction related to Private Water Services;
c) to perform other duties as designated by Council.
2.03 For the purpose of the administration of this bylaw, an Inspector may, upon
production of identification enter in or upon any land or Premises, except for
any place or room actually used as a dwelling, at any time without a warrant
and carry out such inspections as may be necessary, and access such
plumbing and/or Private Water System by way of excavation, or such other
means as the Inspector may deem expedient, on those lands or Premises as
is necessary for the purposes of inspection.
2.04 Except under the authority of a search warrant issued under section 158 of the
Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, an Inspector shall
not enter any place or room actually used as a dwelling without requesting and
obtaining the consent of the occupier, first having informed the occupier that
the right of entry may be refused and entry made only under the authority of a
search warrant.
2.05 The rules and regulations set out in this bylaw shall be considered to form part
of the contract for the supply of water between the Municipality and each
Consumer and every such Consumer, by applying for or accepting a supply of
water from the Municipality, shall be deemed to have consented to be bound
by the provisions of this bylaw.
- 3 -
3.
LIABILITY
3.01 The Municipality does not guarantee a constant supply of water and shall not
be liable for any damages resulting from the water service being shut off for
any reason, including but not limited to mechanical failure, electrical failure,
repairs or expansion of the system.
3.02 The Municipality retains the right to shut off any portion of the Municipal Water
System without prior notice, for as long a time as the Municipality may deem
necessary, for the purpose of repairing or expanding the Municipal Water
System or any portion thereof.
3.03 The Municipality's maintenance responsibilities shall be limited to the
Municipal Water System. The Municipality shall not be responsible for
blockages or other problems in any Private Water System. If the location of a
blockage is unknown prior to excavation, and if the Municipality or its forces
excavates and/or investigates and determines that the source of any problem
is located within a Private Water System or other private property, then the
Municipality's expenses in undertaking such excavation and/or investigation
shall be paid by the Owner of such Private Water System or other private
property.
4.
USE OF THE MUNICIPAL WATER SYSTEM
4.01 No person shall be supplied by water from the Municipal Water System
without first acknowledging his or her obligations to the Municipality. The
Consumer shall attend, prior to connecting any Premises to the Municipal
Water System, at the office of the Municipality to submit a water connection
application in the form attached hereto as Schedule "B", together with such
fees and/or deposits as may be required.
4.02 No person shall turn on or turn off any water valve, curbstop or fire hydrant
forming part of the Municipal Water System.
4.03 No person shall waste, dispose of, rent, give away or allow to be carried away
any water supplied by the Municipal Water System.
4.04 The Municipality may, at any time, in its absolute discretion restrict the use of
water supplied by the Municipality for the watering of outdoor plants, shrubs,
trees, flowers, vegetables or grass, or any use other than for strictly domestic
household purposes.
4.05 No person shall use water from the Municipal Water System for any heat
exchanger system and no person shall connect any such system or similar
equipment to the Municipal Water System.
4.06 No person other than the Director of Public Works or his or her designate shall
be permitted to open, operate, interfere with or take water from a fire hydrant
unless such fire hydrant is being used for fire fighting purposes or
maintenance flushing.
5.
WATER CONSERVATION
5.01 All new homes in plans of subdivision and any new home which is proposed to
be connected to the Municipal Water System, shall have permanently
installed, at all locations, water saving fixtures meeting the following minimum
specifications:
a) Shower head - 1.9 to 11 (litres per minute) variable output
b) Toilet - 6.0 litres per flush maximum
c) Water efficient dishwashers
d) Water efficient clothes washers
e) Aerated faucets
- 4 -
6.
WATER CONNECTION
6.01 No Premises shall be connected to the Municipal Water System without the
Owner first acknowledging his or her obligations to the Municipality. The
Consumer shall attend, prior to connecting any Premises to the Municipal
Water System, at the office of the Municipality to submit a water connection
application in the form attached hereto as Schedule "B", together with such
fees and/or deposits as may be required. At the discretion of the Municipality,
some fees may be deferred until the proposed connection is ready to be
turned on.
6.02 No person shall connect any Premises to the Municipal Water System without
having obtained the written consent of the Director of Public Works or his
designate.
6.03 No person shall use water drawn from the Municipal Water System for any
purpose other than as shown on the approved application for the relevant
connection to the Municipal Water System.
6.04 The Owner of any Premises to which an unlawful connection has been made
shall be responsible for the payment of all water rates and charges which
would have been payable in respect of such connection had the same been
lawfully made, in addition to being liable for any other penalty provided.
6.05 Where an application to connect to the Municipal Water System requires
extension of any water main or other component(s) of the Municipal Water
System, the Municipality or its agents shall install any such works at the
Owner's expense. The cost involved in such extension, including necessary
appurtenances (e.g. backflow/ expansion tanks) shall be estimated by the
Municipality and the estimated cost shall be prepaid to the Municipality by the
Owner prior to Municipal forces commencing the work. If the actual costs of
installing the water service exceed the Municipality's estimate, the Owner shall
pay the difference prior to the water being turned on.
6.06 No person, other than a contractor approved by the Municipality shall install
that portion of a Private Water Service that connects directly to the Municipal
Water System.
6.07 No person shall install a connection to the Municipal Water System without a
water meter complete with RAF technology and a backflow preventer. Meter
size and specifications shall conform to current standards set by the
Municipality. In the case of non-residential premises, an Inspector and/or the
Director of Public works shall determine the size of the meter that is required.
6.08 No premises shall be connected to the Municipal Water System without a
water meter complete with RAF technology and a backflow preventer. At the
Municipality's discretion, failure to comply with this requirement may result in
the water service being shut off and not being turned on again until this
requirement is complied with and all applicable charges paid by the owner.
6.09 The construction of Private Water Services shall conform to current Municipal
specifications. Such specifications shall be obtained from Municipal staff on
approval of an application for connection to the Municipal Water System.
6.10 All Private Water Systems shall have space and fittings available for the
installation of a water meter in accordance with the requirements of this bylaw.
6.11 All Private Water Services shall be inspected and tested for leakage by or at
the direction of the Inspector prior to backfilling.
6.12 Every Consumer shall maintain his or her Private Water Service and notify the
Town of any water meter issues.
- 5 -
6.13 Unless approval in writing is obtained from the Municipality, each dwelling
shall have no more than one metered service.
6.14 Any Consumer wishing to discontinue the use of water supplied by the
Municipality must give notice in writing to the Treasurer at least 30 days in
advance of the requested date of discontinuance. Failure to provide the
required notice shall result in the charges continuing. Following any such
discontinuance of water supply from the Municipal Water System, the water
shall not be turned on until all accounts have been paid up to date.
6.15 Any Consumer wishing to have the water turned off or on for any purpose
must pay a fee for each event as set out in Schedule "A" to this bylaw to
defray the cost of such undertaking.
6.16 In the event that any Consumer or the Owner of any Premises fails to comply
with this bylaw in any respect, at the Municipality's discretion, the supply of
water to that Consumer or Premises may be turned off and may not be turned
on until all the provisions of this bylaw are complied with and an amount as set
out in Schedule "A" to this bylaw is paid to the Treasurer to defray the cost of
such undertaking.
6.17 Failure to pay water rates when they become due shall be deemed to be a
failure to comply with the provisions of this bylaw.
6.18 A Delinquent Account Record shall be kept at the Municipal office.
6.19 Any person may receive a "Certificate of Account" from the Treasurer showing
all outstanding accounts for water service, upon payment of the required fee
as set out in Schedule "A" of this bylaw.
6.20 No person shall connect, cause to be connected or allow to remain connected,
any piping, fixture fitting, container appliance, or internal system in a manner
which may allow any foreign substance to enter the Municipal Water System.
7.
ENFORCEMENT AND PENALTIES
7.01 Every Person who contravenes any provision of this by-law is guilty of an
offence and on conviction is liable for every day or part threof upon which such
offence occurs or continues to a fine of not more than $5,000 for the first
offence and $10,000 for any subsequent offence.
8.
WATER SERVICE RATE
8.01 A water service rate is hereby imposed upon Consumers of Municipal water.
Such water service rate is used to pay for operational improvements, repair,
and maintenance of the Municipal Water System, which may include a charge
for depreciation, deferred maintenance and a reserve fund for any such
purpose.
8.02 The water service rate shall be charged against each Consumer as set out in
Schedule "A" of this bylaw. Water flows for a Premises shall be determined by
an approved water meter at such Premises. Invoices for water services may
be combined with invoices for wastewater services or such other Municipal
services as the Treasurer sees fit.
8.03 Payment of all water service rates imposed by the Municipality shall be the
sole responsibility of the Owner of the Premises.
8.04 Unless an Owner requests otherwise in writing, the Municipality shall direct all
invoices for charges under this bylaw to the Owner's most recent address on
file with the Municipality. Each Owner shall be obligated to notify the
Municipality forthwith of any change of mailing address.
- 6 -
8.05 Charges shall be due as billed. Any charges not paid within 21 days of the
date of the invoice for the same shall be deemed to be in default. A penalty
for non-payment of any charge, or any portion thereof shall be imposed in the
amount of 1.25% (15% annually) on the first day of default and on the first day
of each calendar month thereafter in which the default continues.
8.06 All payments received by the Municipality shall be applied to the earliest
unpaid charge for the Owner or Premises.
8.07 Customers in default shall be sent an overdue notice as a reminder of the
outstanding account. Should the account, together with applicable interest,
remain unpaid fourteen (14) days after the overdue notice is mailed, the
Treasurer may deliver a notice of disconnection to the Owner and/or to the
Premises, advising that unless payment is received within 48 hours, the water
service to the Premises will be shut off or disconnected and no further water
will be supplied to the Premises until all outstanding payments have been
made.
8.08 Accounts in default for 90 days or more shall have the default amount added
to the property tax roll and the default amount collected in the same manner
as property taxes, under the authority of the Municipal Act, S.O. 2001.
8.09 Service charges as set out in Schedule "A" of this bylaw shall be paid for
connecting, shutting off or turning on any Wastewater service. Such service
charges shall be paid by the Consumer requesting or requiring the service.
8.10 As a condition of connection to the Municipal Water System, the Municipality
may require any Consumer to post a reasonable security at the discretion of
the Treasurer for the payment of water charges.
9.
BYLAW REVIEW
9.01 This bylaw shall be reviewed from time to time in order to ensure the financial
integrity of the waterworks system of the Municipality.
10.
BYLAW REPEAL
10.01 Bylaw Number 2005-42 is hereby repealed.
11.
EFFECTIVE DATE
11.01 This bylaw shall come into effect on the day it is passed.
12.
SHORT NAME
12.01 This Bylaw may be referred to as the "Water Bylaw".
BYLAW GIVEN THE NECESSARY READING AND PASSED IN OPEN COUNCIL
THIS 9th DAY OF SEPTEMBER, 2014.
Original signed by:
John Creelman, Mayor
Fred Simpson, Clerk
SCHEDULE "A" TO BYLAW NUMBER 2014 - 35
WATER RATES
1.
The 2014 water service rates for all premises with a water meter shall be as
follows:
Cubic metres per year
Charge per cubic metre
1-350
$1.95
351-500
$2.29
501-650
$2.48
651-800
$2.63
801-1000
$2.80
1001 and over
$2.95
The above rates shall be indexed by the Treasurer as of January 1st of each
year in accordance with the Consumer Price Index as determined by statistics
Canada.
2.
Water service rates for premises without a water meter or a non-functional
water meter shall be one hundred twenty ($120) dollars per month flat charge.
3.
In addition to the charges in Section 1 of this Schedule, a flat rate of five dollars
($5) per month per household connected to the Municipal Water System shall
apply to cover maintenance costs.
4.
The service charge for turning a water service off and on again during regular
business hours at the request of an owner for maintenance or for any other
purpose shall be sixty dollars ($60).
5.
The fee for turning off and turning on a service, due to arrears, shall be sixty
dollars ($60) for each attendance to turn off or to turn on the service.
6.
The fee to rectify an illegal water turn-on shall be all administrative and labour
costs related to the event. In no case shall this fee be less than one hundred
dollars ($100).
7.
For any requests to turn on or turn off the water service after normal business
hours, the charge shall be fifty dollars ($50) plus all labour costs. In no case
shall this fee be less than one hundred and twenty dollars ($120).
8.
The fee for inspecting and/or testing a private water service, prior to backfilling,
shall be fifty dollars ($50) per site visit.
9.
The installation and service charge for a 5/8" x 3/4"standard water meter shall
be one thousand dollars ($1,000) per meter.
10.
A deposit of one thousand dollars ($1,000) in addition to the aforesaid meter
installation and service charge, shall be paid to the Treasurer by the Owner of
the lot at the time application is made for a building permit to erect, construct or
alter a building which will be serviced by municipal water, to ensure that the
required meter is installed and that adequate provision is made during the
installation of the plumbing in the building to accommodate the installation of
the meter. The deposit shall be refundable upon completion of the installation
of the meter, less any costs incurred by the Town.
11.
In the event that a building permit is not required, the one thousand dollar
($1,000) meter deposit shall be paid upon submission of a connection
application.
12.
For each new connection to the Municipal Water System a capital reserve
contribution of two thousand dollars ($2,000).
13.
For each new connection to the Municipal Water System, a capital upgrade fee
of $2,723.87 (this is the September 2014 amount, which shall be indexed by
6% annually on December 10th of each year) shall be paid as a cash
contribution to the reserve fund.
14.
Where an Owner requests a larger water meter than the Town's standard, all
labour, administrative and material costs associated with the provision and
installation of the requested meter shall be borne by the Owner. The costs of
such provision and installation shall be estimated by the Municipality and the
estimated amount shall be prepaid by the Owner to the Municipality prior to
Municipal forces commencing the work. If the actual cost of providing and
installing the meter exceeds the Municipality's estimate, the Owner shall pay
the difference prior to the water being turned on.
15.
Where the replacement of a water meter is required due to the damage,
removal or any fault of the Consumer, the Consumer all labour, administrative
and material costs associated with the provision and installation of a new meter
shall be borne by the Consumer. The costs of such provision and installation
shall be estimated by the Municipality and the estimated amount shall be
prepaid by the Owner to the Municipality prior to Municipal forces commencing
the work. If the actual cost of providing and installing the meter exceeds the
Municipality's estimate, the Owner shall pay the difference prior to the water
being turned on.
16.
The fee for testing or replacing a meter at the request of an Owner or
Consumer shall be one hundred dollars ($100). This fee will be refunded
should it be determined that the meter is faulty by reason of manufacturer's
defect or worn out through normal use.
17.
The fee for transfer of an account or starting a new account shall be twenty-five
dollars ($25).
18.
The fee for interim or final readings shall be twenty-five dollars ($25) for each
reading.
19.
The fee for a dishonoured cheque shall be twenty-five dollars ($25).
20.
The fee for a certificate of the Treasurer concerning the status of a premises' or
user's account shall be twenty-five dollars ($25) per certificate.
21.
The Municipality reserves the right to negotiate all water service fees charges
with any commercial or industrial Consumer or any other person whose water
usage differs or is expected to differ from that of an ordinary residential
consumer.
22.
When determining the amount of security deposit to be paid by a Consumer, a
reasonable security for the payment of water charges may be deemed to be the
equivalent of three months estimated or actual billing, whichever is greater.
SCHEDULE "B" TO BYLAW NUMBER 2014 - 35
CORPORATION OF THE TOWN OF MONO
347209 Mono Centre Road
Mono, Ontario L9W 6S3, Phone: (519) 941-3599
WATER CONNECTION APPLICATION
Name:
Address:
Email:
Phone:
Water Connection Charge
$2,000.00
Water System Capital Upgrade Charge
$2,569.69 *
Water Meter and Installation
$1,000.00
Inspection Fee ($50.00 per inspection)
TOTAL (Minimum)
$5,569.69
* As of September 2014, indexed by 6% every December 10th.
Property sketch - please mark:
i) Arrow indicating North
v) Distance of connection from side lot lines
ii) Driveway location
vi) Location of connection to house
iii) Road and house location
vii) Location of other utilities: (Hydro, cable,
gas,
phone)
iv) Distance from road to house
Please call the Public Works Department at 519-941-3599 ext. 228 for inspection of
service lines prior to backfilling.
I, the undersigned, acknowledge and agree that I have read and understood all of the
provisions of the Town's Water Bylaw 2014-35. I hereby agree to be bound by all or
the provisions, rules and requirements set out in that bylaw.
Applicant's
Approved by:
Signature:
For the Corporation of the Town of Mono