1. TITLE

This bylaw may be cited for all purposes as "Water Bylaw No. 1643, 2000 ".

2. INTERPRETATION

In this bylaw, unless the context otherwise requires:

"City" means the City of Revelstoke.

"Residential Dwelling Premise" means an individual dwelling unit that is self-contained which would include, but not exclusively, single family dwellings, suites contained therein (approved or otherwise), duplexes or triplexes, and strata units.

"Multi-residential Dwelling Premise" means a premise that contains four or more individual dwelling units which are self-contained and non-strata.

"Director of Finance" means the person appointed as such by the Council of the City and any person delegated to assist him in carrying out his duties under this bylaw.

"Superintendent of Public Works" means the person appointed as such by the Council of the City and any person delegated to assist him in carrying out his duties under this bylaw.

"Commercial premise" means a building or self-contained part thereof, occupied and used for other than a dwelling, including but not restricted to warehouses, stores, eating places, wholesale or retail business places and office blocks, packing houses, canneries, processing plants, manufacturing plants, and apartments or condominiums where water must be stored and collected from a single point on the premises.

"Customer" means the owner or occupier of real property or an agent acting on behalf of the owner or occupier.

"Owner" means the registered owner, or the person named as the registered owner on the tax roll by reason of agreement for sale, of any lands and premises situated within the City boundaries and shall, where applicable, include the agent, executor or administrator of such owner or the lessee or occupier of the premises.

"Occupier" means any person to whom a water service is rendered and shall include the tenant of lands and premises.

"Person" shall, in addition to its ordinary meaning, include a firm or partnership, company or corporation. In addition, throughout this bylaw where the context requires, the singular shall be held to mean and to include the plural and the masculine, the feminine or body corporate.

"Combined service or combined service pipe" respectively means the service or the service pipe that is intended to supply water for fire protection combined with normal use.

"Curb stop" means the City owned valve on a service pipe located on the street or lane at or near the owner's property line.

"Fire line" means a pipe that is intended solely for the purpose of providing a standby water supply for fire protection purposes.

"Inspector" means a person designated to carry out the necessary inspections for the enforcement of this bylaw.

"Normal use" means the use of water for normal residential, commercial or industrial purposes, including residential lawn or garden sprinkling, but not including fire protection of other uses which the Superintendent of Public Works deems to be special or extraordinary.

"Private service pipe" means the underground pipe connected to the building to be supplied

"Service pipe" means the City owned pipe and appurtenant fittings usually on a street and intended to carry water from the City's water main to the curb stop or to the owner's property line.

"Shut down" means a temporary interruption to service by a turn off and turn on of a service pipe or water main.

"Turn off" means to discontinue the water supply by closing a City owned valve or curb stop or by such other means as the Superintendent of Public Works may deem appropriate.

"Turn on" means to allow the flow of water by opening a City owned valve or curb stop or by such other means as the Superintendent of Public Works may deem appropriate.

"Minimum charge" means the monthly fee as contained in Schedule A for single and multiple family dwellings and the basic rate as shown by Schedule A for commercial premises.

3. WATER USAGE 

No person within the City of Revelstoke shall utilize the water system except in accordance with the provisions of this bylaw.

4. WATER SUPPLY SYSTEM

4.01 The City is authorized to establish a water supply system, including a water treatment plant, distribution system, pump stations and reservoirs which shall be under the control of the Superintendent of Public Works.

4.02 The City is authorized to establish a billing and collection system under the control and inspection of the Director of Finance.

4.03 All applications for connection to the water supply system shall be made in writing in the required form by the owner of the property to which the application refers or by the owner's duly authorized agent.

4.04 All applications for service shall state the purpose for which the service is to be used, the size of pipe and the number of outlets in connection with such installation together with the legal description and location of the property or buildings in which the installation is to be made and any other information deemed necessary by the City to determine the correct charges to be levied under this bylaw.

4.05 Additional applications for service shall be made in the same manner as in 4.03 for all extensions of service to additional buildings and for the installation of additional outlets in buildings already receiving service.

4.06 Every owner or occupier of a residential dwelling, multi-residential or commercial premise within the City and connected to the water supply system shall pay the rates, fees and penalties set out in Schedules A, B and C, except those who have applied for and have been granted a discontinuance or suspension of service for which special provisions apply later in this bylaw.

4.07 Every person who violates any of the provisions of this bylaw or who neglects to do or refrains from doing anything required to be done by any of the provisions of this bylaw, or who does any act which violates any of the provisions of this bylaw, shall be deemed to be guilty of an infraction thereof, and liable to the penalties hereby imposed.

4.08 Every person guilty of an infraction of this bylaw shall be upon summary conviction in a Court of competent jurisdiction be liable to a fine as set out in Schedule B.

5. CONDITIONS OF SERVICE

5.01 The owner of lands or premises to which a water service has been provided hereunder shall install and keep in good repair all pipes, taps and materials and generally shall comply with all bylaws of the City in that behalf. If the same or any portion thereof is found to be defective or inoperative or if water is being wasted, the City, by its officer or agent in that behalf, may require immediate remedy thereof and the owner or occupier shall remedy the same forthwith. In the event of failure to remedy, as aforesaid, water service may be discontinued until such remedy is effected and no reduction in user charges shall be applicable. Upon payment of the required fees as provided for in the attached schedules the water service may be resumed. 

5.02 No person except those duly authorized and employed by the City shall tap into or make any connection to the water supply system or turn off or on any service pipe or curb stop. No person shall tamper with any meter or pipe connected thereto so as to interfere with recording of the quantity of water supplied to any lands or premises.

5.03 No person shall give, sell, permit or allow any person not legally entitled to water under this bylaw to take or use water from the water service provided to his lands or premises.

5.04 The use of water powered grinders, non-re circulating air conditioners or refrigerators, injection pumps, water powered pumps or the discharge of water for sprinkling or irrigating purposes through an open ended hose, pipe or other such receptacle or fixture, are hereby specifically prohibited.

5.05 No person shall interfere, meddle or tamper with any hydrant, stop cock, curb stop or other part or portion of the water supply system, in, on or under any street, sidewalk or property of the city.

5.06 If an application for an additional service pipe to any one site is allowed by the Superintendent of Public Works in accordance with Section 4.05 he may require that the water piping within a building served by two service pipes be interconnected.

5.07 The location of a service pipe shall be at the discretion of the Superintendent of Public Works. If an owner or occupier requests that a service pipe be installed at a location other than that proposed by the Superintendent of Public Works, and if the Superintendent of Public Works approves such location, the owner or occupier shall pay the connection fee as provided in the attached fee schedule, plus any costs in excess of the connection fee attributable to the alternative location.

5.08.1 No person shall connect, cause to be connected, or allow to remain connected, any piping, apparatus, fitting or fixture, container or other appliance in a manner which causes noise or pressure surges, or allows water from a source other than the City's system, or waste water, or any other harmful material to enter the City's system or creates any other disturbance that, in the opinion of the Superintendent of Public Works, may result in annoyance to other customers or damage to the water supply system.

5.08.2 Where any such conditions exist, the Superintendent of Public Works may give notice to the customer to correct the fault within 96 hours or such lesser period as may be specified in the notice.

5.08.3 If a customer fails to comply with such notice within the time specified, the Superintendent of Public Works may either:

A) have the water service shut off until the fault has been corrected, or

B) take such other action, either on or off the customer's property, as he deems appropriate to correct the fault or to reduce the possibility of further annoyance to other customers or damage to the water supply system, or

C) have any necessary remedial work carried out,

And any costs incurred may be recovered as a charge under this bylaw. Any shut off of water service under this section shall not constitute a discontinuance of service for the purposes of determining user charges.

5.09 Provision shall be made in the piping arrangement in new buildings or renovation projects for the future installation of a water meter. This piping arrangement shall be as directed and approved by the Building Inspector at the time of issuance of a plumbing permit. 

5.10 The City may, at its discretion, order the installation of a meter for the purposes of measuring the quantity of water used by or supplied to any lands and premises, or part thereof, connected to the water supply system and may refuse or discontinue supply other than by a metered service. When so ordered, such meters shall be installed under the direction of the Superintendent of Public Works and the City's employees or contractors shall have access at all reasonable times to the lands and premises of the customers for the purposes of installation, repair, examination, reading and maintenance of meters. The City may establish fees and charges for the installation, rental or other use of such meters and may set consumption rate charges for each category of customer shown in Schedule A.

5.11 The City does not guarantee pressure nor continuous supply of water, nor does it accept responsibility at any time for the maintenance of pressure on its lines nor for fluctuations in pressure. The City reserves the right at any and all times and without notice to change the operating water pressures, to shut off water, or otherwise interrupt the water supply for the purposes of making repairs, extensions, alterations or improvements or for any other reason, and to increase or reduce pressure as a result thereof at any time. Neither the City, its officers, employees or agents shall incur any liability of any kind whatsoever by reason of the cessation in whole or in part of water pressure or water supply, or changes in operating pressure, or by reason of the water containing sediments, deposits, or other foreign matter of any kind. 

5.12 The use of water for sprinkling, irrigation and the washing of driveways, sidewalk and roadways is permitted only at even numbered property addresses on even numbered calendar days and odd numbered property addresses on odd numbered calendar days, between the hours of 6:00 a.m. to 10:00 a.m. and 6:00 p.m. to 10:00 p.m.

Exceptions to the above-mentioned water restrictions is permitted for new residential lawn or landscaping installations and for a construction or building project under a building or development permit issued by the City.

5.13 The City shall have the right to limit or discontinue the supply of water to any customer or to limit the hours during which water may be used should circumstances deem such action to be warranted in the public interest by the Superintendent of Public Works.

5.14 All taps supplying garden hoses, jets or sprinklers shall be turned off immediately on the sound of the Fire Hall fire alarm and shall not be turned on again until the fire, in respect of which the alarm was sounded, has been extinguished.

5.15 Customers dependent upon a continuous and uninterrupted supply of water or having processes or equipment that require clear or pure water shall provide, at their own cost, such emergency storage, over size piping, pumps and tanks, filters, pressure regulators, check valves, additional service pipes, or other means for a continuous and adequate supply of water suitable to their requirements.

5.16 All water pipes, connections, appurtenances or facilities carrying water to the customer's property line, which are constructed whether at the customer's expense or at the City's expense in present or future public highways or within the City's right-of-way or City property, shall be the property of the City.

5.17 The City requires that all customers provide, at their own expense, a pressure reducing valve on the service line on their property at a point where the line enters the premises.

5.18 No interruption of service of any kind to lands and premises shall entitle the owner or occupier of such lands and premises a reduction in user charges unless otherwise specifically provided for in this bylaw.

6. WATER MAIN EXTENSIONS

6.01 Applications for extensions of water mains shall be in writing.

6.02 The Superintendent of Public Works shall, in all cases, decide what size of water main is to be installed, but shall not prescribe a water main of a size smaller than six inches, unless there are circumstances which clearly justify a smaller size for specific reasons.

6.03 The customer, as referred to hereinafter, shall be a customer of permanent and established type (exclusive of Real Estate Developer or Builder) who receives water services at a premise improved by structures of a permanent nature.

6.04 Any water main extension installed hereunder shall become and remain the sole property of the City.

6.05 The size, type, quality of materials and their location will be specified by the City and the actual construction will be done by the City or its contractor.

6.06 In determining the length of water main extension necessary to provide service at any point, the distance from such point to the nearest distribution main shall be considered along lines of proper construction, due consideration being given to the general layout of the system. The length of the extension shall be measured along the lines of proper construction from the centre of the property last served or from the nearest distribution main to the centre of the furthest property to be served.

6.07 An extension charge payable in advance in the amount of the estimated cost of proper construction shall be paid by the applicant or applicants for the extension of the water main. Where more than one applicant is involved the amount of the extension charge shall be divided equally among the applicants who, nevertheless, shall remain jointly and severally liable for the whole charge.

6.08 The applicant or applicants for an extension to the water system shall pay the actual cost including design and construction costs of the extension prior to the extension being made by the City. The cost of the extension will be estimated and any monies due after the extension is completed shall be paid to the City prior to the service connection being made, and if there are any surplus funds after the extension has been completed, they will be refunded to the applicant or applicants.

6.08.1 That where an applicant or applicants for an extension to either the water system pays for the entire cost of the extension they shall be eligible for a refund based on the actual frontage charge to each property that fronts on the new line and that connects to the line, within the extension distance.

6.08.2 Where more than one applicant is involved in the original extension any refunds shall be divided proportionately according to each applicant's original investment in the extension.

6.08.3 At no time will the applicant or applicants receive refunds greater than their original cost of the line fronting their property.

6.08.4 No refunds shall be made after five (5) years of completion of the extension.

6.09 Where an applicant or applicants so desire they may apply to the City in writing to pay the cost of such extension over not more than five (5) years. The installments shall be equal annual installments that shall be added to the annual tax notice of the subject property and shall include interest at 1% over the City's bank's prime rate at the date of approval of such installment plan. 

7. FEES AND CHARGES

General

7.01.1 Every person being the owner or occupier of lands and premises to which water service hereunder is provided, shall pay to the City the rates established under this bylaw in accordance with the attached Schedules. And each owner and occupier of such lands and premises shall be jointly and severally liable for such charges.

7.01.2 The fees applicable under this bylaw for residential dwelling premises shall be added to the tax notices for the applicable calendar year.

7.02 The Director of Finance is hereby authorized, following the appropriate resolution from Council, to change the frequency of fee collection for residential dwellings and establish an invoicing system to accommodate such change.

7.03 The fees applicable under this bylaw for multi-residential dwelling premises and commercial premises shall be invoiced quarterly in advance. The invoices will be sent to the last known address of the owner or occupier of the property on December 1, March 1, May 1 and August 1, or as soon thereafter as possible, and will be due for payment not more than thirty days thereafter, except that when a property becomes vacant all water charges outstanding become due and payable immediately.

7.04 The owner of lands or premises situated in whole or in part outside of the corporate limits of the city to which water services is supplied from time to time shall pay to the City for the use thereof at the rate shown in Schedule A.

7.05 Where in any lands or premises there are contained more than one rate classification, the rate applicable for each separate classification shall be charged in accordance with Schedule A.

Notification of Charges

7.06 The owner or occupier of property shall be deemed to have received notification of water charges if said notification was mailed or otherwise delivered to the address contained in the City's utility invoicing system, and no person shall be discharged or relieved from liability in respect of such fees and charges or from penalties attached to non-payment hereby imposed by reason of non-receipt of any statement of account thereof. The date of notification of charges shall be the invoice date in accordance with section 7.03.

Non-payment Provisions

7.07 Residential dwelling premise water fees added to property tax notices that remain unpaid at the due date of payment for such notices will suffer the same penalty as property taxes.

7.08 Quarterly water charges remaining outstanding after the due date will have a penalty added thereto in accordance with Schedule B.

7.09 The fees and charges imposed and payable under the provisions of this bylaw and which remain unpaid after December 31 shall be deemed to be taxes in arrears in respect of the property and shall be forthwith entered on the real property tax roll by the Director of Finance as taxes in arrears.

7.10 All accounts for fees and charges under this bylaw shall be rendered to the owner or occupier of lands and premises to which water service or connection is being provided on the basis that every occupier of said lands or premises shall be jointly and severally liable with the owner for the same.

Discontinuance, Alteration and Reinstatement of Service

7.11 Where any person shall refuse, omit or neglect to pay the rate or rates mentioned in Schedule A after the expiration of any billing period, the City, by its proper officer or employee in that behalf, may discontinue the service to that person and such service shall not be reinstated until such time as all outstanding amounts have been paid in full to the City.

7.12 Applications for new or reinstatement of water service must be made in writing in the prescribed form and submitted to City Hall and the applicable fees shall be prorated to the end of the year or the current billing period, whichever is appropriate.

7.13.1 Applications for discontinuance of or alteration in water service from commercial customers must be made in writing in the prescribed form and submitted to City Hall. All such applications for discontinuance of or alterations in water service must be received by the City within 30 days of notification of water charges. Applications for retroactive changes are not permitted. No application for a discontinuance of service from an owner or occupier will be considered if the lands and premises to which the service is provided remains occupied by a tenant.

7.13.2 Where a commercial customer has applied for a discontinuance or suspension of service due to a vacancy in their premise there shall be, nonetheless, a minimum charge imposed in accordance with Schedule A.

7.13.3 Applications for discontinuance or suspension of service charges with respect to individual units under the Tourist Rental Accommodation category in Schedule A are not admissible regardless of occupancy.

7.14.1 If a residential dwelling premise becomes vacant, an owner of such property may request a suspension of water charges by applying to the City for a discontinuance of service on the required form and paying the required water turn off fee. The discontinuance of service must be for a minimum, continuous period of six months. If the property becomes occupied within the six month period the suspended water charges become due and payable immediately. If the property becomes occupied after the initial six month period water charges shall be applied from the date of reoccupation. 

7.14.2 The Director of Finance may require any evidence from the owner to support the claim that the property has not been occupied for six months.

7.14.3 No adjustment will be made for a period less than six months and no adjustment granted under this section shall be applied retroactively.

Miscellaneous

7.15 No monies received by the City in payment of fees and charges under this bylaw shall be applied to the payment of charges for the then current quarter, unless all charges which have become due in previous quarters have been fully paid. 

7.16 Where any lands or premises or other classification is not specifically mentioned in Schedule A, the Director of Finance may establish and set user rates for the same and such rate or rates shall be valid and binding as if included in said schedule.

7.17 Where it is questionable which category lands or premises fall into for the purposes of establishing an applicable fee under Schedule A, the highest appropriate fee rate determined by the Director of Finance shall apply.

7.18 In the event that the City has made an error in its calculation of fees to a property owner or occupier, it may, upon written application providing full details and the amount claimed, refund the overcharge to that owner or occupier for a period up to but not exceeding six years.

7.19 Where water service hereunder has been or is to be maintained for a period less than one month, the charge therefore shall be calculated on the basis of one month.

7.20 Where the owner or occupier of lands and premises shall refuse, omit or neglect to pay the rate or rates herein contained after the expiry date of the quarterly billing period of the City, by its proper officer or employee in that behalf, may turn off and discontinue the water supply to said lands or premises and such supply shall not be renewed or turned on until all outstanding rates and fees are paid in full together with the required turn on fee.

7.21 Nothing herein contained shall derogate from any legislation, law or bylaw or the remedies therein contained for the collection of the said rates or invalidate or derogate from the lien of the City upon lands and premises in respect of which said rates may be due; provided that under this section the water supply to any of the said lands or premises shall not be turned off and discontinued until ten (10) days notice of the fact has been given.

7.22 Any person liable to pay charges based on meter rates who wishes to dispute the quantity of water used as recorded by a meter may, upon application to the Superintendent of Public Works, have such meter tested by the City. If it is shown that the meter is functioning properly, such person shall pay a fee in accordance with Schedule C of this bylaw. If it is shown that the meter was not functioning properly and recorded a quantity of water consumption in excess of that actually used, no charge shall be made for the test and a refund shall be made to compensate for such inaccuracy, but such refund shall not be calculated for a period in excess of three (3) months immediately preceding the date of the test and the amount of the charge shall be determined by the percentage of inaccuracy as shown by the test, or on some other equitable basis. Provided that any meter may be tested at any time at the instigation of the Superintendent of Public Works, and the provisions of this section for the adjustment of inaccuracies shall apply.

8. REPEAL OF PREVIOUS BYLAWS

Bylaws #'s 878, 982, 1101, 1176 and 1633 are hereby repealed in their entirety.

[SCHEDULE A]   [SCHEDULE B & C]

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