Bylaw 2024-01 - Utility Administration

Langham, Saskatchewan

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TOWN OF LANGHAM BYLAW 2024-01 UTILITY ADMINISTRATION BYLAW A BYLAW OF THE TOWN OF LANGHAM TO PROVIDE FOR THE MANAGEMENT AND ADMINISTRATION OF UTILITY SERVICES. ________________________________________________________________________ The Council of the Town of Langham, in the Province of Saskatchewan, enacts as follows: I DEFINITIONS 1) "ADMINISTRATOR" means the Chief Administrative Officer for the Town of Langham. 2) "APPLICATION" means the completing and submitting prescribed form obtained from the Town for approval of services including, but not limited to, connecting to existing utility service, construction of a new utility service connection, disconnecting services, reconnecting services, sewer cleaning, sewer cleaning reimbursement. 3) "CONSUMER" means any person or persons who owns or rents a premises and makes application for water and/or sewer utility services, and for whom a utility account is established. 4) "PREMISES" means a building or structure or any part thereof, which is connected to utility services and which has a separate metered water supply. 5) "OWNER" means the assessed property owner or authorized representative thereof, as contained in the records of the Town. 6) "SERVICE CONNECTION" means the water and sewer pipes which connect the water and sewer mains to the inner surface of the wall of the building supplied with the water and sewer utility service. 7) "SOLID WASTE MANAGEMENT BYLAW" means a bylaw, as amended from time to time, of the Town of Langham to regulate solid waste collection services and rates. The Solid Waste Collection Bylaw is a companion bylaw to the Utility Administration Bylaw. 8) "TOWN" means the Town of Langham, in the Province of Saskatchewan. 9) "UTILITY ACCOUNT" means the record of account maintained by the Clerk showing water and sewer utility service rates billed to the consumer and payments received on the account. 10) "UTILITY RATES BYLAW" means a bylaw, as amended from time to time, of the BYLAW 2024-01 TOWN OF LANGHAM 2 Town of Langham to fix the rates to be charged for the use and consumption of water, to fix the rates to be charged by way of rent or service charge for the use of sewer. The Utility Rates Bylaw is a companion bylaw to the Utility Administration Bylaw. 11) "UTILITY SERVICE" means the provision by the Town of a public potable water supply to a premises and the provision of a public sewage collection and disposal system from a premises, which is owned by a consumer. II RATES/FEES 1) WATER RATES The charges to be paid by the water consumer whose water service has been turned on shall be those set out in Schedule "A" of the Utility Rates Bylaw; provided, however, that the minimum shall be payable in every case whether or not any water is consumed. 2) SEWER RATES Persons who owns premises drained or that are by bylaw required to be drained into the sewer shall pay for such services a rental rate or service charge in accordance with Schedule "B" of the Utility Rates Bylaw. 3) INFRASTRUCTURE FEE All owners shall pay an infrastructure fee in accordance with Schedule "C" of the Utility Rates Bylaw. 4) SOLID WASTE COLLECTION FEE All owners shall pay a solid waste collection fee in accordance with Schedule "A" of the Solid Waste Management Bylaw. III ADMINISTRATION OF UTILITY ACCOUNTS 1) ISSUANCE AND COLLECTION PROCEDURE a) FIRST NOTICE Accounts for water service and/or sewer service shall cover a period of one (1) month, unless such service is connected in the interim, and shall be rendered on or before the first day of the month next following such period. Accounts shall be paid within a period of thirty (30) days from the date on which such accounts are rendered. b) SECOND NOTICE Accounts unpaid following the last day of each month, shall be levied a 1.5% per month penalty. c) THIRD NOTICE If a utility account remains outstanding more than 60 days, a registered letter shall be sent to the owner, stating that if arrears are not paid within 30 days the outstanding utility balance will be applied to the tax roll as described in III(1)(d). BYLAW 2024-01 TOWN OF LANGHAM 3 d) TRANSFER TO TAX ROLL If any rates, charges or rent in arrears, including late payment charges remain unpaid, that amount may be added to and thereby form part of the taxes on the land or buildings with respect to which service was provided, as provided for by Section 369(1)(b) of The Municipalities Act, 2006. 2) PRE-AUTHORIZED DEBIT a) Utility account holders may opt into PAD for monthly payments of their utilities. b) The Town of Langham reserves the right to discontinue PAD service for any reason including, but not limited to, NSF payments. c) NSF Payments will incur a charge as prescribed in Schedule "A" of this bylaw. 3) TENANTS a) Application for utility service shall be made by the owner. Owners will be required to leave the utility billing in their name as owner to ensure they have responsibility and control over the payment of the utility account. The tenant will be advised that the owner will receive copies of any "past due" utility accounts. b) It is the owner's responsibility to advise the Town of any vacancies, or pending vacancies as soon as they are known. IV CONNECTION TO THE UTILITY SYSTEM 1) APPLICATION a) All owners desiring to be supplied with water from the Municipality's water supply system shall make application to the Town. b) Utility meters will be read and service connections turned on or off on regular working days, Monday to Friday 9:00 AM to 12:00 Noon and 1:00 PM to 5:00 PM. Water will be turned on by a town employee only if a responsible adult representative of the owner is present to check for leaks or open taps. The owner must be present to allow a town employee access to the meter for a reading, unless the meter has a remote recorder attached. c) Owners requiring disconnection/reconnection for a short term repair to their service connection shall pay in advance, the charges as set out in Schedule "A" of this bylaw. d) No owner will disconnect a utility service previously made, without first obtaining a request to disconnect utilities permit. Fees for a long-term disconnection are set forth in Schedule "A" of this bylaw. BYLAW 2024-01 TOWN OF LANGHAM 4 e) No owner will reconnect to a utility service previously made without first obtaining a request to connect utilities permit. Fees for a reconnection are set forth in Schedule "A" of this bylaw. V WATER SYSTEM 1) GENERAL REGULATIONS a) No person shall convey, sell, dispose of, or give away or permit water to be carried or taken away or use it or supply it for the use or benefit of others. b) No other water supply shall be connected to the Town water supply. c) All water tanks, swimming pools or other storage vessel or container which have or will contain non-potable or other contaminated water, and which are connected to the water utility service, shall have a water back flow preventer installed so as to prevent non-potable or contaminated water from siphoning back into the water utility service. d) Any owner who owns premises containing a water heater which is located above ground level shall install a water back flow preventer ahead of the water heater intake, so as to prevent damage to the water heater in the event of water pressure failure. e) Utility accounts shall be billed monthly. Water meters shall be read quarterly on the last five (5) working days of February, May, August, and November. Water meters shall be read not less than twice in a calendar year by a utility operator. f) Monthly estimates shall be based on the minimum water and sewer rates/fees as laid out in Schedule "A", Schedule "B", and Schedule "C" of the Utility Rates Bylaw. Water Consumption Estimates shall be adjusted to Actuals at the billing following the meter read as laid out in Schedule "A" of the Utility Rates Bylaw. If an actual water meter read cannot be obtained at the time of meter reading, estimates shall be based on the previous year's consumption for that billing period. g) If the water supply is shut off from the premises of an owner for infringement of the provisions of this bylaw, same shall not be turned on until all penalties, fees, rates, charges, and arrears, if any, have been paid. h) The Municipality may by bylaw ration or limit the amount of water furnished to any and/or all owners should circumstance deem to warrant such action. i) The Town shall have access, upon reasonable notice to the owner or occupant of a building, to all parts of every building in which waterworks services are delivered or consumed. For the purpose of this section, access shall include access for the purpose of conducting water use surveys, sampling, testing of equipment and water meters, the reading of water meters, and the repair or inspection of all waterworks equipment including water meters. Town retains all rights, including but not being limited to those of entry and repair granted to it by sections 26 through 28 of The Municipalities Act. j) The service of the owner who contravenes Section V of this bylaw may be discontinued and a fine pursuant to Part VIII shall be imposed for breach of the BYLAW 2024-01 TOWN OF LANGHAM 5 bylaw. 2) WATER METERS a) All water meters are the property of the Town, and shall be supplied, installed and maintained by the Town unless alternate arrangements are approved in writing by Utilities Management. b) All services must be metered, with the exception of some Town owned facilities. c) No person shall interfere with any meter, whether inside or outside a premises. VI SANITARY SEWER SYSTEM 1) GENERAL REGULATIONS a) No person shall discharge into any drain, sewer, or sewage system operated by the Municipality, anything of a harmful matter, substance, or thing whether liquid or solid, that would be injurious to health, life, or property or that would injure, pollute, block or damage any stream, watercourse, drain, sewer, sewerage system or sewage treatment plant. b) The service of the owner who contravenes Section VI of this bylaw may be discontinued and a fine pursuant to Part VIII shall be imposed for breach of the bylaw. c) No owner, without first having obtained applicable provincial permits as well as permission from the Town, will make connection with any of the public sewer lines or mains. The owner will be fully liable for any damage caused while making such connection and will also provide adequate safety provisions during the connection. d) Connection of a sewer service line will commence at the street main, working from there towards the building, thereby ensuring proper grade level. e) Each property will have only one sewer service line from the main. A duplex or semi-detached dwelling requiring a connection to the Town sanitary sewer service must have a separate sewer service line to each unit from the street main. f) No owner will make or cause to be made any connection with any Town sewer or house drain, or appurtenance thereof for the purpose of conveying or which may convey, into the same, storm water from roof drainage, cistern, sump pump or tank overflow, condensing or cooling water. g) No owner, except duly authorized employees, consultants, or contractors of the Town, will turn, lift, remove, raise or tamper with the cover of any manhole, ventilator or other appurtenance of any Town sewer. h) No owner, except duly authorized employees, consultants, or contractors of the Town, will cut, break, pierce, or tap any Town sewer or appurtenance thereof, or introduce any pipe, conduit or tube, through or into any Town sewer. BYLAW 2024-01 TOWN OF LANGHAM 6 i) No owner will interfere with the free discharge of any Town sewer, or part thereof, or do any act or thing, which may impede, obstruct the flow of or clog up any Town sewer or appurtenance thereof. j) No waste or discharge resulting from any trade, industrial or manufacturing process will be directly discharged to any Town sewer without such previous treatment as will be prescribed by the Ministry of Environment Industrial Works Construction Application process for each such case. The owner will provide the Town with a copy of the Industrial Works Construction Application permit approval once it has been obtained from the Ministry of Environment. The necessary treatment works so prescribed will be completely installed by the owner at their expense, prior to the construction of the sewer connection and thereafter will be continuously maintained and operated by the owner. k) Grease traps of sufficient size and approved design must be placed on the waste pipes from all hotels, restaurants, laundries and such other places as the Town, may direct. l) All applications for connections to the Town sewers must be made in writing. The application must be filed in the Town office and must be signed by the owner of the property to be drained, or by his authorized agent. No drain or private sewer will be connected to the Town sewer until the owner has obtained a plumbing permit. Connection must be as per current Town standards. m) The Town or any of its employees will not be liable for any damage whatsoever in nature caused either directly or indirectly by such sewer connection. The owner will be responsible for backfill, surface replacement, safety, and, without limiting the generality of the foregoing, matters of like nature. n) The Town may revoke or cancel permission that may have been granted to connect with the Town sewers if it finds that any of the work is not being done in accordance with the provisions of this Bylaw, the owner making such connection, will have no right to demand or claim any damages in consequence of such permission being revoked or canceled. o) The owner of any premises connected to a street main by a sewer service line, will be required to keep the said sewer service line, from the premises to the main, in operational condition at all times, and is fully responsible for the operation of the said sewer service line. p) No septic systems are allowed in corporate limits, except in designated areas. q) Septic systems that are allowed must adhere to provincial standards. The premises owner must have a private sewage disposal permit. Septic systems will only be considered if NO municipal sewer is available. r) Root intrusions are an indication that a sewer pipe is nearing the end of its lifespan. Tree roots are not the cause of a failure as a pipe with good integrity does not allow roots to penetrate. Boulevard Tree removal is a last resort and only done if a dig is required or the tree has deteriorated. VII STORM SEWER SERVICE BYLAW 2024-01 TOWN OF LANGHAM 7 1) GENERAL REGULATIONS a) No owner will discharge or cause to be discharged any storm water or natural water to any other property or sewer, except a storm sewer or to a natural outlet approved by the Town. b) Weeping tile must be installed below all basement footings and must drain to an approved sump as per CSA standards and be pumped to the front or back of the lot as per the drainage plan. c) Sumps must be installed as per CSA standards and are not to be connected into the Town's sanitary sewer system. d) Down Spouts must be installed on all buildings and discharged a minimum of 1.81 meters (6.0 feet) away from the building. e) No roof drains will be connected to weeping tiles or municipal storm sewer or sanitary sewer systems. At the time the Public Works Department determines a property has a connection of this type, the property owner will be notified they are in violation of the bylaw and that the matter must be rectified within a specified timeline or the penalties will be levied. VII OFFENCES AND PENALTIES 1) Every consumer who contravenes any section of this bylaw is guilty of an offence and liable on summary conviction: a) In the case of a first offence, to a fine of not less than $100.00; and b) in the case of a second or subsequent offence, to a fine of not less than $200.00 2) Based on the severity of the offence, and in addition to subsection 1, the consumer may also be subject to penalties as prescribed for in the General Penalty Bylaw and the Municipalities Act. BYLAW 2024-01 TOWN OF LANGHAM 8 VIII MISCELLANEOUS 1) ADMINISTRATION AND ENFORCEMENT OF BYLAW a) The administration and enforcement of this Bylaw is delegated to the Chief Administrative Officer. Bylaw No. 2021-01 and No. 2022-04 are hereby repealed. THIS BYLAW SHALL come into force and take effect on the 1st day of June, 2024. ______________________ ______________________ MAYOR ADMINISTRATOR SEAL READ A FIRST TIME THIS 11th day of March, 2024. READ A SECOND TIME THIS 22nd day of April, 2024. READ A THIRD TIME AND PASSED THIS 13th day of May, 2024. BYLAW 2024-01 TOWN OF LANGHAM 9 SCHEDULE "A" TO BYLAW 2024-01 LONG-TERM DISCONNECTION FEES Summer (May 1 - October 31) - During Regular Working Hours..................... $100.00 - Outside Regular Working Hours.................... $100.00 + Custom Work Overtime Rate Winter (November 1 - April 30) - During Regular Working Hours..................... $250.00 - Outside Regular Working Hours.................... $250.00 + Custom Work Overtime Rate RECONNECTION FEES Summer (May 1 - October 31) - During Regular Working Hours..................... $100.00 - Outside Regular Working Hours.................... $100.00 + Custom Work Overtime Rate Winter (November 1 - April 30) - During Regular Working Hours..................... $250.00 - Outside Regular Working Hours.................... $250.00 + Custom Work Overtime Rate REPAIR DISCONNECTION/RECONNECTION FEES Summer (May 1 - October 31) - During Regular Working Hours..................... $75.00 - Outside Regular Working Hours.................... $75.00 + Custom Work Overtime Rate Winter (November 1 - April 30) - During Regular Working Hours..................... $150.00 - Outside Regular Working Hours.................... $150.00 + Custom Work Overtime Rate OTHER FEES - NSF Payments.......................................... $20.00