{ ; 2} Page 1 of 4 Bylaw No. 1299, 2013 Sewer Connection Bylaw

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1 TOWN OF OSOYOOS BYLAW NO A Bylaw for the purpose of establishing Sewer Connection fees. WHEREAS Council of the Town of Osoyoos (the Town ) may establish fees and regulations governing the connection of a parcel of land to a municipal sewer distribution main; WHEREAS Council may, pursuant to the Community Charter, establish different rates or levels of fees with respect to connections to the Town of Osoyoos sanitary sewer collection system (the Town Sanitary Sewer Collection System ); NOW THEREFORE, the Council of the Town of Osoyoos in open meeting assembled, enacts as follows: 1. This Bylaw shall be cited as the "Sewer Connection ". 2. The owner for whom, or on whose application, a sewer connection is to be laid, installed or constructed shall, before such work is undertaken or commenced, enter into an agreement with the Town on a form to be provided by the Town for that purpose, and pay the cost (or such amount as the Council may by resolution establish) of such sewer connection. a. For the purposes of section 2 of this bylaw, the cost of applying for connection to the Town Sanitary Sewer Collection System is as follows: i. If the applicable parcel is within the municipal boundaries of the Town: the greater of $1,500 or the actual cost of connection plus a 10% administrative fee; ii. If the applicable parcel is within the Regional District of Okanagan Similkameen Area A and abuts the Town Sanitary Sewer Collection System: $23,790 per single family equivalent plus a 20% administrative fee; and iii. If the applicable parcel is within the Regional District of Okanagan Similkameen Area A and does not abut the Town Sanitary Sewer Collection System: $23,790 per single family equivalent, plus the actual cost required to upgrade the Town Sanitary Sewer Collection System to offer sewer services to the property by extending the sewer collection system to the property line, plus an 20% administrative fee. b. In addition to the applicable connection charge set out above, an applicant must pay an inspection fee of $ to the Town. 3. The Town shall in every case determine the size of pipe to be used in supplying any lands or premises and the position in the street in which it is placed. No work of any kind connected with such service shall be permitted to be done on or under the Town s streets by any person other than an employee of the Town or agent unless given express written permission by the Town, as given by the Director of Operations or his or her delegate. Page 1 of 4

2 4. The subdivider of a parcel of land shall provide a sewer distribution system within the subdivision pursuant to the requirements of the Osoyoos Subdivision and Development Servicing Bylaw No. 1100, 1998, as amended or superseded from time to time. The individual property owners shall pay the connection fees required for connection to the Town Sanitary Sewer Collection System as set out in this bylaw. 5. All applications for connection to the Town Sanitary Sewer Collection System shall be made in triplicate and shall be in the form attached to this bylaw as Schedule A. All applications for connection are subject to approval from the Town. Once an application has been approved the applicant shall complete such service connection within ninety (90) days. Should the connection not be completed within this period of time the connection shall be deemed to have been made and the registered owner of the property shall be charged and required to pay the applicable sewer rates. 6. Each sewer connection shall require an inspection by the Town of Osoyoos public works department before being used, which must be performed by the Town s public works department or the building inspector within forty eight (48) hours of the applicant notifying the Director of Operations or his or her delegate. 7. No application for connection to the Town Sanitary Sewer Collection System shall place any obligation upon the Town of Osoyoos to provide such connection if in the opinion of the Council or its authorized delegate it is not practical or feasible to establish such connection. 8. Except where a contractor has been employed by the Town or with the Town s consent to install sewer mains, and the installation of service laterals is an integral part of the work for which the contractor has been employed, all sewer service laterals shall be installed to property lines by employees of the Town and by no other person, persons or corporations except with the permission of the Town. a. When any building (house) sewer extension has become stopped, application to have it unstopped shall be made to the Director of Operations along with a deposit in the amount of $ The charges for unstopping shall be the total cost of the work. If the total cost of the work is less than $ the balance of the $ deposit shall be refunded. If the total cost of the work is more than $ the applicant shall pay the difference between the deposit and the total cost of the work. The total cost of the work shall be determined by the Director of Operations. b. Where a building is demolished or removed from its site, the building (house) sewer extension shall be provided with a water tight cap or plug. c. Where a building (house) is taken off septic tank and connected to sewer, the septic tank shall be filled in to the satisfaction of the Town s building inspector. d. Manhole covers shall only be removed by Town employees or agents unless authorized to do so by the Director of Operations or his or her delegate. No person or persons shall divert storm drains or surface water from any source into the Town Sanitary Sewer Collection System. 9. Where the Town has installed sewer mains, the owner of any septic tank is required to connect to Page 2 of 4

3 the Town sewer system within three months of notification of same. 10. The pouring of gasoline, coal oil, waste acid or any inflammable liquid into the Town Sanitary Sewer Collection System is prohibited. 11. a. The Town may terminate the sewer connection to the land or premises of any owner or occupier of land who: i. is not in compliance with any of the provisions of this bylaw; or ii. has failed to pay fees or charges required under this bylaw; and may refuse to restore the sewer connection until the owner is in compliance with this bylaw and has paid all fees and charges required by this bylaw. b. The Town may not terminate the sewer connection under section 11(a) unless it has, at least seven (7) days prior to the termination of the sewer connection, delivered written notice of the impending termination of services to the owner or occupier. c. The Town may not terminate the sewer connection under section 11(a)(i) unless it has provided the owner or occupier with an opportunity to make representation to Council. d. The fee for termination of a sewer connection under section 11(a) shall be $ The Town shall have the right to access, at all reasonable times, any premises, connected or about to be connected to the Town Sanitary Sewer Collection System, for the purpose of inspection, installation or repair of any sewer service. 13. No person shall have any claim for compensation or damages as a result of the Town shutting off the sewer service for any cause whatsoever. 14. Every person who contravenes any of the provisions of this bylaw; suffers or permits any act or thing to be done in contravention or violation of any of the provisions of this bylaw; or neglects to or refrains from doing anything required to be done by this bylaw; shall be liable on summary conviction to a fine or penalty of not less than $ and not exceeding $2, or to a term of imprisonment not exceeding six (6) months. Each twenty four (24) hour day during which a violation, contravention or breach of this bylaw continues shall be deemed a separate offence. 15. In the event that any part of this bylaw is declared ultra vires by a Court of competent jurisdiction, then such part shall be deemed to be severed from the bylaw and the remainder of the bylaw shall continue in full force and effect. 16. Bylaw No. 754 and amendments thereto are hereby repealed. Read a first, second and third time of the 4 th day of March, Adopted on the 18th day of March, Page 3 of 4

4 Original signed by Mayor Stu Wells Mayor Original signed by Janette Van Vianen Corporate Administration Officer Page 4 of 4

5 SCHEDULE A BYLAW 1299 TOWN OF OSOYOOS Box 3010, 8707 Main St, Osoyoos BC, V0H 1V0 PHONE: DATE: The undersigned being the registered owner/owners of the property described as: Lot: Block: D.L. Plan No.: Roll #: DO HEREBY APPLY for sewer service connection from the sewer main to my near property line. I/We having hereby applied to the Town of Osoyoos, agree to comply with all the applicable Provincial Plumbing, Health and Safety Codes and such bylaws as may be in effect or may be passed on by Council in the future relating to such services. I/We hereby authorize the Town of Osoyoos to arrange to install the sewer service connection, it being fully understood that the charges for the said installation will be on the following basis: Connection and inspection charges will be levied on each service and are payable with the application. In consideration of the Town of Osoyoos undertaking to supply me/us a sewer service connection, I/We hereby covenant and agree to protect and save harmless the Town of Osoyoos from all claims, demands, costs and charges of whatsoever kind arising out of or in any manner incident to or caused by any stoppage or defect or other pertinent to the said sewer service connection made pursuant to this application. APPLICANTS NAME APPLICANTS MAILING ADDRESS OWNERS NAME/ADDRESS INSTALLATION ADDRESS APPLICANTS SIGNATURE CONNECTION FEE INSPECTION FEE Municipal Approval Date Name/Title Signature Page 5 of 4