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B Y L A W N U M B E R 4921
AMENDED BY:
B/L 6566
May 20, 1980
B/L 7463
February 21, 1983
B/L 8081
December 17, 1984
B/L 8107
January 14, 1985
B/L 8842
January 26. 1987
B/L 9277
January 25, 1988
B/L 12775
December 16, 1996
B/L 226-1999
August 16, 1999
B/L 85-2004
March 22, 2004
B/L 151-2006
August 21, 2006
B/L 106-2008
June 17, 2008
B/L 103-2011
June 7, 2011
OFFICE CONSOLIDATION
This copy is prepared for purposes of convenience only and for accurate reference recourse should be
had to the original copy of the by-law and amending by-laws.
BILL
NO. 187
1974
B Y - L A W N U M B E R 4921
A BY-LAW TO REPEAL BY-LAW NUMBER 2504 AND TO ENACT IN ITS PLACE
AND STEAD A NEW BY-LAW FOR SERVICING OF PRIVATE SEWER
CONNECTIONS TO CORRECT AMBIGUITIES IN SCHEDULE "A" TO SAID
BY-LAW 2504
Passed the 23rd day of September, 1974.
WHEREAS the Council of The Corporation of the City of Windsor did, on the 27th day of May,
1963, enact By-law Number 2504 establishing a policy for servicing sewer connections in the City of Windsor
as set forth in a Schedule "A" to the said by-law, which schedule contains a "Sewer Connection Servicing
Policy" (hereinafter referred to as the "Policy");
AND WHEREAS there is contained in the said Policy, Articles 2 and 8 (a) which read as
follows:
"2. TIME LIMIT
The City will endeavour to render service immediately or as soon as possible. Under normal
circumstances, the servicing personnel will attend upon the premises within twenty -four hours of
receipt of the request at the Department of Public Works."
"8. COSTS
(a)
The City will assume the cost of clearing a blockage caused by tree roots providing the
connection is not over one hundred (100) feet in length. When the cause of the blockage appears
to be partially tree roots and partially some other foreign article, the cause will be deemed to be
tree roots."
AND WHEREAS, as the said Policy has been interpreted, The Corporation of the City of Windsor
has not assumed liability for any cost of clearing a blockage in a private sewer connection cause by tree roots,
if it becomes necessary (in the clearing of the blockage) to make an excavation in any highway or on private
property;
AND WHEREAS said Articles 2 and 8 (a) of the said Policy make no reference to the technique or
method which may be employed in clearing a blockage to a private sewer connection which is caused by tree
roots;
AND WHEREAS the Council of The Corporation of the City of Windsor wishes to confirm and
establish that the liability of the Corporation to pay any part of the cost of clearing a blockage caused by tree
roots is limited to the application and use of electric eel equipment and it is not intended in any way to provide
for the making of excavations, either on a highway or on private property;
THEREFORE, the Council of The Corporation of the City of Windsor enacts as follows:
1.
That the Policy for servicing private sewer connections in the City of Windsor, as set forth in Schedule
"A" hereunto annexed, be and the same is hereby approved and adopted.
2.
That By-law Number 2504, enacted on the 27th day of May, 1963, be and it is hereby repealed.
3.
That this by-law and everything herein contained shall come into force and take effect on the day of the
final passing thereof.
(signed) FRANK WANSBROUGH
Mayor
(S E A L)
First Reading
September 23, 1974
Second Reading
September 23, 1974
Third Reading
September 23, 1974
(signed) J.B. ADAMAC
Clerk
(Schedule A - Substituted B/L 85-2004, March 22, 2004)
(Schedule A - Substituted B/L 103-2011, June 7, 2011
SCHEDULE " A"
CITY OF WINDSOR
SEWER CONNECTION SERVICING & REPLACEMENT POLICY
DEFINITIONS
Unserviceable - a connection is deemed unserviceable for any of the following reasons;
(i)
three service calls within a 24-month period;
(ii)
lack of proper cleanout
(iii)
if the CITY ENGINEER, OR CHIEF BUILDING OFFICIAL OR THEIR DESIGNATE, and the
owner mutually agree that the connection is inadequate due to age, size, or physical condition
thereof;
(iv)
if the connection leads to a septic system and a corresponding public sewer is available;
v)
if the equipment of the servicing personnel becomes broken or lodged within the private drain
connection.
Private Sewer Connection - is that part of a private sewer system which connects private property to a
municipal sewer system; does not include storm drainage or storm connections, and extends from the
municipal sewer to 3 feet (1.0 metres) inside the building.
Complete Sewer Replacement - includes a private drain connection, extending from the municipal sewer to 3
feet (1.0 metres) within the dwelling, and may also include a private drain connection from a septic system to
the municipal sewer system. A complete Sewer replacement does not include a repair to an existing
connection.
Partial Sewer Replacement - includes a private sewer connection from a dwelling to a known private drain
connection on the right-of-way, at the lot line provided by the City under a Local Improvement or other
development and is deemed suitable by the City Engineer or designate for use. A partial Sewer replacement
includes connecting existing septic systems to a private drain connection provided for such purpose. A partial
Sewer Replacement does not include a repair to an existing connection.
Sewer Replacement Rebate - applies to residential properties ONLY having a maximum of 2 units, and does
not include vacant land, commercial, industrial, institutional or combined use buildings.
Development - for the purposes of this bylaw, development shall mean works done under a
Local Improvement project, a Capital Works project undertaken by the City of Windsor, road and/or sewer
rehabilitation project undertaken by the City of Windsor, works done under a servicing and/or development
agreement with the City or similar actions taken by the City of Windsor to provide a property with an
acceptable sanitary private drain connection on the public right-of-way.
Actual cost of replacement- means the costs paid by the City to a third party to replace a sewer connection for
an Owner.
Owner's cost of replacement- means the actual cost of replacement less the City's contribution.
Prime Rate- means the prime rate established by the City Treasurer from time to time.
Registration Costs- means cost of registering any agreements required herein.
Servicing Personnel- means City representative.
PART A- SEWER CONNECTION SERVICING
1.
PROCEDURE
All requests shall be made directly to City Engineer or designate by either (a) personal visit; (b) letter, fax or e-
mail; or (c) telephone. No consideration will be given to requests for assistance by the City unless the
foregoing requirements have been fully met.
2.
TIME LIMIT
The City will endeavour to render service immediately or as soon as possible. Under normal circumstances, the
servicing personnel will attend upon the premises within twenty-four hours of receipt of the request being
received by City Engineer or designate.
3.
AGREEMENT
The applicant shall sign the agreement form, presented on the premises by the servicing personnel, binding the
applicant to the terms of the policy and guaranteeing any payments therein required.
4.
CLEAN-OUT
The applicant or occupant shall direct the servicing personnel to the clean-out. The clean-out must be
accessible and suitable for the employment of the equipment used by the servicing personnel.
5.
UNSERVICEABLE
CONNECTION
In the event that the connection is unserviceable,
(a)
The servicing personnel will so advise the occupant, indicating the specific deficiency which
prevents servicing.
(b)
The applicant will thereupon indicate on the form,
(i)
If the applicant desires the City to arrange for correction of the deficiency at the
expense of the applicant, or
(ii)
If the applicant will arrange for correction of the deficiency by the applicant.
(c)
The servicing personnel will advise the City Engineer or designate of the deficiency. Upon
such confirmation, the connection will be ineligible for further or future servicing by the City.
(Under certain conditions repair may be mandatory by law). Deleted & replaced B/L 106-
2008, June 17/08
(d)
When the deficiency is corrected by either (b)(i) or (ii) above, the applicant shall notify the
City of the correction, and the Chief Building Official AND City Engineer or designate will
declare the connection "Serviceable" and it will again be eligible for servicing as before.
deleted & replaced B/L 106-2008, June 17/08
(e)
This "Sewer Connection Servicing & Replacement Policy" is applicable only where the
applicant's statement of account with the City is in good standing.
6.
ACKNOWLEDGMENT
Upon completion of the servicing, the servicing personnel will present the report to the applicant or occupant
who shall sign same verifying the services rendered and nature of blockage found.
7.
COSTS
(a)
The City will assume the cost of clearing a blockage caused by tree roots providing the
connection is not over one hundred (100) feet in length. When the cause of the blockage
appears to be partially by tree roots, private drain connections that are collapsed or partially
some other foreign article, the cause will be deemed to be tree roots. Furthermore, this will be
extended to replacement of connections from decommissioned septic tanks from the
house/building to the appropriate main sewer.
(b)
The applicant will assume the cost of clearing a blockage occasioned by any cause other than
tree roots, such cost being set out in the City's Schedule of Fees, as updated from time to time.
(c)
In the event that a connection is found to be unserviceable as in 5 (c) above, the applicant shall
pay the inspection fee then current. Future service under the provisions of 5 (d) will be subject
to the provisions of (a) or (b) above.
PART B - SEWER CONNECTION REPLACEMENT POLICY
1.REPLACEMENT
The City will provide a sewer replacement rebate for a complete sewer replacement calculated as follows:
1.
Where there is a fronting Public Sewer that can be used in a complete sewer replacement, the City will
provide a rebate being the lesser of the following:
(i)
The amount set out in the City's Schedule of Fees, as amended from time to time. It is the
intention of this provision that the City's Schedule of Fees will be the relevant rate,
(ii)
Fifty Per Cent (50%) of the total cost of the complete replacement,
(iii)
The unit cost (being the total cost divided by the total length) multiplied by the length of the
replacement on the public highway.
2.
Where there is no fronting Public Sewer that can be used in a complete sewer replacement for the
property being serviced and the City, in its discretion, determines it is not in its interest to build a
fronting sewer under the local improvement provisions of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, the rebate will be the greater of one of the following amounts:
(a)
the dollar value calculated from the following formula:
City Grant = AC - [CC + ELIP]
AC = The actual cost to replace the complete private sewer connection from the dwelling
to the municipal sewer
CC = The calculated cost to replace the private sewer connection to the centre line of the
abutting right-of-way
ELIP = The current Equivalent Local Improvement Charge for the Property being
serviced, calculated by applying the Local Improvement Frontage Charge, set by Council
from time to time, for the year the private sewer connection is being replaced, and/or an
equivalent Sewerage Fee having been made for the service being applied for;
OR
(b)
The amount as set by Council for Sewer Replacement Rebate.
These calculations to be based on field measurements. The depth of the assumed fronting public sewer
is to be established by the depth of the servicing sewer, and the cost to be established by current prices.
3.
A sewer replacement rebate is not available, if a sewer connection was constructed to the property line
under a local improvement project, or other development within the previous 20 years.
4.
Where a complete sewer replacement or a partial sewer replacement is undertaken by the City on
behalf of the owner, the Owner shall pay to the City the Owner's cost of replacement in accordance
with Part B Section 5.
5.
Before any work is done, the Owner shall agree to pay the Owner's cost of replacement by either:
(i)
Paying in full within 30 days of the date of the invoice, the amount specified as the Owner's
cost of replacement shown on the invoice sent to the Owner by the City, or
(ii)
Paying in full by way of 5 equal annual installments the Owner's cost of replacement plus
interest calculated at the rate of prime rate plus l% established as of the date the sewer
connection replacement cost is determined by the City, to be calculated annually in advance,
plus registration costs, hereinafter called the Owner's amortized cost of replacement.
6.
In the event that the Owner elects to pay the Owner's amortized cost of replacement as per Part B
Section 5 (ii), then the Owner shall enter into an agreement with the City confirming:
(i)
The Owner's election to pay the Owners amortized cost of replacement.
(ii)
The Owner's authorization to the City to add the Owners amortized cost of replacement to the
Owner's property taxes, and to collect the same as property taxes.
(iii)
The Owner's agreement to pay the Owner's amortized cost of replacement as part of the
Owner's property taxes.
(iv)
The Owner's agreement that the Owner's amortized cost of replacement constitutes a lien
against the Owner's real property until such time as the Owner's amortized cost of
replacement has been paid in full.
(v)
That this agreement may be registered against the title of the Owner's property."
7.
Subject to the provisions of this By-law, as amended, the Chief Administrative Officer and the City
Clerk are hereby authorized and directed to execute, from time to time, agreements with the Owners
for the payment, by the Owners to the City, of the costs to replace the sewer connections to properties
in Windsor.
2.
REPLACEMENT BY OWNER
1.
The Owner may provide a complete sewer replacement and still be entitled to a sewer replacement
rebate as follows;
(i)
The sewer replacement rebate payable to an Owner shall be calculated as per Part B Section 1,
and shall be payable after providing evidence of a paid invoice for the complete sewer
replacement and a request by the Owner for reimbursement.