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Home My WebLink AboutKIN 97 053 Mandatory Sewage Rt e e e - THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NO. 1997-53 A BY-LAW TO PROVIDE FOR MAKING CERTAIN REGULATIONS FOR SEWAGE AND DRAINAGE AND TO REQUIRE THE CONNECTING OF BUILDINGS TO SEWAGE WORKS IN THE TOWN OF KINCARDINE. NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: 1. In this By-law (a) "Building" means every building which (i) is located within 300 feet of a sewer -and- (ii) is located on a parcel of land abutting on a public highway or street in which a sewer ~s located or a parcel of land not more than 0.3 metre from a public highway or street in which a sewer is located, -and- (Hi) 1) contains, or is required by any other by-law, regulation or statute to contain, any sleeping, eating or food preparation facilities, or 2) contains or is required by any other by-law, regulation or statute to contain, any washing or toilet or cleaning facilities, or 3) is connected, or is required by any other by-law, regulation or statute, to be connected to a water supply, or water works, or 4) which is source of sewage, (b) "Connect" means to install a connection; (c) "Connection" means the building sewer from the sewer main to the street line 1. the street line where a private sewer is installed from sewer main to the street line . . . /2 J -2- 2. the sewer line where a private sewer has not been so installed - and if the property on which the building is located is the source of different types of sewage which are required to be delivered separately to the Sewage Works. Connection includes separate connections for the different types of sewage; (d) "Cost" includes the cost of restoring any property disturbed or damaged in the course of making a connection and the cost of design, if any, materials, labour and supervision for the connection incurred after the date of sending a notice and includes the amount of expense charged by the Town to the Owner when the municipality makes a connection at the expense of the Owner; (e) "Foundation Drain" includes a pipe around a foundation for the collection of ground water; - (f) "New Building" means a building for which a building permit was issued after passage of this By-law; (g) "Notice" means a notice given by registered mail from the Town Engineer to the last known address of the Owner; (h) "Owner" means the owner of a Building and includes the registered owner of, the person shown on the assessment roll as owner of, and the actual owner of a Building or any property on which a Building ·is located, (i) "Sewage" includes drainage, storm water, commercial wastes and industrial wastes; and (j) "Sewage Works" includes a sanitary sewer, a storm sewer, and a drainage ditch. 2. Subject to Section 3 and 4 hereof, every Owner shall connect each building owned by the Owner to the Sewage Works of the Town of Kincardine. e 3. Foundation Drains of existing buildings shall be permitted to discharge into the Town sanitary sewer system. Foundation drains of new buildings shall not be permitted to discharge into the sanitary sewer system. Roof drains, eaves troughs and all drains which collect surface or subsurface water as a result or precipitation or ground water shall not, except as provided in this paragraph, discharge into the Town sanitary sewer system. 4. (1) Any connection required to be made by an owner under this by-law shall be made e (a) within nine (9) months of the mailing of a notice to the owner by registered mail to his last known address requiring the connection to be made, or within such periods of time, if any, as are granted by Council as an extension pursuant to the provisions of this by-law, and (b) in accordance with the requirements of the Notice and any by-law regulation or statutes governing such connection. . . . /3 e e e 5. 6. - -3- (2) Any notice hereunder (a) shall require the Owner to make the connection, (b) shall advise the Owner (i) the date on which the nine (9) month period expires; (ii) that if the Owner fails to make the connection as required, the municipality has the rights to make it at the Owner's expense and to recover the expense by action or in like manner as municipal taxes. (3) A notice hereunder may classify different types of sewage and require that such types be drained through separate connections into specified sewers. (4) If a building is connected only to one sewer and separate sewers for different types of sewage are available, or made available to serve the land on which the building is located, the notice hereunder may, if the building or the land on which the building is located is or may be a source of sewage of more than one classified type, require the owner to connect the building to the sewage works in such manner that the different types of sewage are drained separately into the sewers specified in the notice. (5) If a building or the property on which it is located is being connected to a sewage works for the first time and separate sewers for different types of sewage are available or council has determined that such separate sewers will be made available in the future, the owner may be required by the notice to make separate connections for the different types of sewage. (6) This by-law does not limit the operation of any by-law, regulation or statute regulating or prohibiting the types and contents of waste or other material which may be drained into a sewer or sewage works. (1) Council may, on the application of an owner to whom a notice has been sent, grant an extension of the period of nine (9) months within which the connection must be made. (2) An extension, if granted, must not be for a period longer than two (2) years from the end of the nine (9) month period provided by the notice. (3) If the first extension is for a period of less than two (2) years, one further extension with an expiry date not more than two (2) years from the end of the original nine (9) month period provided by the notice may be granted by Council and no further extension may be granted. (1) If the owner fails to make a connection required by a notice within the nine (9) month period or such extended period permitted hereunder as Council grants the Town may make the connection at the expense of the owner and for this purpose may enter into and upon the property of the Owner. .. ./4 -- e e - -4- (2) The cost of making such connection shall be a lien or charge as municipal taxes upon the land in respect of which the connection was made and shall be added to the collector's roll by the Clerk of the municipality and shall be collected in the same manner as overdue taxes and shall bear interest from the date the first demand for payment is made at the same rate as overdue taxes. 7 . (1) Subject to Section 7(2), the owner of a building shall keep in good repair and be responsible for the maintenance and repair of the sanitary sewer connection or storm sewer connection between the building line and the main sewer on the street, easement or Town property. The owner shall be responsible for blockages caused by objects and any other matter or liquid placed in the sewer connection by occupants or users of the sewer connection. (2) Where the sanitary sewer connection or storm sewer connection blockage is caused by tree roots, and the tree is located on Town property, then the Town is liable for any costs involved in clearing such blockage. Where a tree is located on private property and causes the blockage of a sanitary sewer connection or storm sewer connection, then the Owner is liable for any costs involved in clearing such blockage. The Town shall be the sole judge of the location and cause of the blockage. (3) Upon failure of the owner to repair and/or unclog the sanitary sewer connection or storm sewer connection as required by this by-law, the sanitary sewer connection or storm sewer connection may be repaired or unclogged by the Town at the owner's expense and the cost may be recovered in a like manner as municipal taxes. 8. Any person who contravenes any of the provisions of this by-law is guilty of an offence and is subject to the penalties as prescribed in the provincial Offences Act, R.S.O. 1990,Chapter P.33. 9. This its upon by-law shall come into full force and effect final passage. 10. This by-law may be cited as the "Mandatory Sewage Connection By-law". READ a FIRST and SECOND time this 17th day of July, 1997. READ a THIRD time and FINALLY PASSED this 21st day of August, 1997. ~~- ~ ~ Clerk