CITY OF KIMBERLEY BYLAW NO CITY OF KIMBERLEY SEWER RATES AND REGULATIONS BYLAW, 1982

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1 CITY OF KIMBERLEY BYLAW NO CITY OF KIMBERLEY SEWER RATES AND REGULATIONS BYLAW, 1982 Adopted June 28, 1982 Consolidated for Convenience Only: December 21, 2016 DISCLAIMER The version of this bylaw of the City of Kimberley is provided for information or research purposes only. Every effort is made to ensure the accuracy of copies of bylaws; however, this is not an official version of City of Kimberley bylaw, and should not be relied upon as such, and these documents are not admissible in a court of law. For such purposes, official certified copies can be obtained from the Chief Corporate Administration Officer. Before making any decisions based on the copy of the bylaw, you should confirm all information contained therein. The City of Kimberley will in no event be liable or responsible for damages of any kind arising out of the use of the copy of this bylaw.

2 CITY OF KIMBERLEY PROVINCE OF BRITISH COLUMBIA BYLAW NO A BYLAW TO PROVIDE FOR THE IMPOSITION OF A CHARGE AGAINST THE OWNER OF REAL PROPERTY FOR THE USE OF THE SEWERAGE SYSTEM OF THE MUNICIPALITY. The Municipal Council of the City of Kimberley, in open meeting assembled, enacts as follows: 1. There is hereby imposed and levied a sewer-user charge against the owner of land and/or real property whose property is connected to the sewer system, and the Clerk shall classify each consumer in accordance with the categories set in Schedule A attached and forming part of the bylaw. 2. The rates shall be due and payable quarterly at the office of the Collector, 340 Spokane Street, Kimberley, British Columbia, for the periods January to March, April to June, July to September, and, October to December, on the first day of January, April, July and October. 3. A penalty of ten percent (10%) shall be added to the rates charged if not paid by four forty-five (4:45) P.M. on the tenth (10 th ) day of the third (3 rd ) month in each quarterly period. In the event that the final payment date falls upon a day on which the offices of the City are not open to the public, the time so limited shall extend to and such thing may be done on the day next following on which the offices are open to the public. Postage marks on mailed remittance will not be considered as date of payment. 3.A Despite sections 2 and 3 (1) Sewer Rates may be paid on a Preauthorized Monthly Utility Payment Plan by an owner making application to the Chief Financial Officer, City Hall, 340 Spokane Street, Kimberley, BC authorizing the City to debit their bank accounts on the 7 th day of each month at the rate of 1/12 th of the annual sewer user charge in accordance with the categories set in Schedule A attached to and forming part of this Bylaw. (2) The taxpayer will be levied a $20 charge for any instalments returned by the bank due to non-sufficient funds or any other reason. The Chief Financial Officer may cancel the privilege of

3 BYLAW NO PAGE 2 continuing in the plan if two or more consecutive instalments fail to be honoured. (3) The taxpayers participating in this plan may withdraw from the plan at any time. However, withdrawal must be done in writing. (Bylaw 2332, Amnd 12/08). 4. In case of a connection being made during any year, the charge imposed shall begin with the month during which final inspection of the water connection was made. If the connection is made on or before the fifteenth (15 th ) day of the month, the full monthly rate shall be charged, otherwise no charge shall be made for that month. 5. In the case of a disconnection being made during the year, the charge imposed shall cease with the month of disconnection. If the disconnection is made on or after the fifteenth (15 th ) day of the month, the full monthly rate shall be charged, otherwise no charge shall be made for that month. 6. Any owner paying rates for the use of the City Sewerage System shall be liable for the same until the owner has given due notice to the City Clerk of his or her desire of disconnecting the use thereof, and the charge shall be made in compliance with Section (a) In the event of vacant or unoccupied residential, commercial or industrial premises, the prescribed rate shall continue to be charged up to the date upon which the owner of such premises has made written application for termination of sewer service in accordance with the provisions of this bylaw and subsequent amendments thereto. (b) (c) In the event of vacant units in a building that is owned and operated by a non-profit Society for seniors, the Board of Directors of the Society may apply for a credit on their next quarterly billing for the vacancies. The application must be in writing detailing which units were vacant and for which months. Only units vacant for a full monthly period will qualify. The application must be received by the 10th day of the month following each calendar quarter and be signed as true and correct by a Director of the Society. Premises in (a) above shall not be deemed vacant or unoccupied where the owner or occupier is on annual vacation or extended holiday. (Bylaw 2118 Amnd 8/01)

4 BYLAW NO PAGE 3 7.A (1) An owner of one or more vacant rental units may obtain a reduction of the sewer fees payable for each such rental unit under this Bylaw equal to the number of vacant rental units multiplied by the number of full months vacant during each quarterly billing period multiplied by the sewer fees normally payable in respect of the vacant rental units, less an administrative fee equal to five (5%) of the total amount of the reduction in fees obtained. (2) For the purposes of this section, rental unit shall mean: i) a dwelling unit within an apartment building or duplex; ii) a secondary suite within a single family home; or iii) a mobile home within a mobile home park; that is rented out on no less than a monthly basis and, for certainty, does not include a rental unit rented for a period of less than one month or as tourist accommodation as defined in City of Kimberley Zoning Bylaw No as from time to time amended or substituted and Alpine Resort Zoning Bylaw No as from time to time amended or substituted. (3) Every owner who applies for a reduction of sewer fees under this section must, prior to the due date of each quarterly billing period, submit quarterly vacancy reports to the City, in the form prescribed by the City, until the property is reoccupied. (4) Where an owner obtains a reduction of sewer fees for a property which was not vacant rental property, the owner shall be liable to pay all fees properly payable under this Bylaw in respect of that property for which the fee reduction was claimed and shall, in addition, pay a penalty equal to 100% of the total fee reduction obtained. (Bylaw 2311 Amnd 11/07) 8. Any rate or other charges remaining unpaid on the thirty-first (31 st ) day of December shall be deemed to be taxes in arrears in respect of the property concerned and shall be forthwith entered on the real property tax roll by the Collector as taxes in arrears. 9. Any person or persons guilty of an infraction of any of the provisions of this bylaw shall upon summary conviction therefore before the Police Magistrate or any Justice of the Peace having jurisdiction within the

5 BYLAW NO PAGE 4 municipality be liable to a fine not exceeding Five Hundred Dollars ($500.00) and costs, and in default of such fine and costs, to imprisonment for any term not exceeding thirty (30) days for each offence. 10. Bylaw No Sewer Rates and Regulations Bylaw Amendment No. 1, 1981 and Bylaw No Sewer Rates and Regulations Bylaw, 1982 are hereby repealed. 11. This Bylaw may be cited as Bylaw No City of Kimberley Sewer Rates and Regulations Bylaw, This Bylaw shall come into force and take effect on the 1 st day of July, Read a first and second time on the 25 day of May, Read a third time on the 7 day of June, Received the approval of the Inspector of Municipalities on the 22 day of June, Reconsidered, finally passed and adopted on the 28 day of June, S. W. WILSON MAYOR R.B. BENNETT CITY CLERK/ADMINISTRATOR

6 SCHEDULE "A" DOMESTIC RATES: Dwelling houses, duplex houses, apartments, tenement houses and living quarters in any commercial establishment, will be charged the following rates: Single Family Dwelling Single Family Dwelling with Suite Apartment and Tenement Houses Duplex Houses Boarding Houses: 1 or 2 Roomers or Boarders Living Quarters in Commercial Establishments Swimming Pool $77.46 per quarter $77.46 per dwelling unit, per quarter $77.46 per dwelling unit, per quarter $77.46 per dwelling unit, per quarter $77.46 per dwelling unit, per quarter $77.46 per dwelling unit, per quarter $26.13 per quarter while in use (1) Where a home based business is operated within a dwelling unit only one (1) rate shall be charged being either the domestic rate for a one family dwelling or the commercial rate, whichever is the greater. (2) Where the owner of a resident business resides in a dwelling unit accessory to the permitted use, only one (1) rate shall be charged being either the commercial rate or the domestic rate for a one family dwelling, whichever is the greater.

7 SCHEDULE "A" COMMERCIAL RATES: Each business licence issued to an owner or operator of a business located on commercial property shall result in a 1st tap charge. If the business licence is transferred to another location or cancelled, the 1st tap charge for that business shall be deemed to be cut-off from the day the City is notified. Greenhouses, Amusement Halls, Dance Halls, Theatres, Fraternity Clubs, Lodges, Stores, Offices, Medical and Dental Offices, Service Clubs, Barber Shops and Beauty Parlours, Banks, Post Office, Churches, Church Halls and Club Houses, Garages and Service Stations, Hotels, Boarding Establishments (3 to 10 Boarders), Tourist Cabins, Motels: $70.11 per quarter Each Additional Tap Each Toilet Each Bath or Shower Each Air Conditioner Water Cooled And Water Cooled Appliances Each Beer, Wine and Liquor Bar Each Urinal Each Chair in Barber Shop or Beauty Parlour $ 9.44 per quarter $18.88 per quarter $ 9.44 per quarter $ 2.67 per quarter Restaurants: with Banquet Room $ per quarter Without Banquet Room $ per quarter Each Additional Tap Each Toilet Each Urinal $ 9.44 per quarter Each Bath or Shower Each Water Cooled Motor, Refrigerator, Vegetable Fountain and Other Water Using Appliances Not Specified $ 9.44 per quarter

8 COMMMERCIAL RATES CONTINUED: SCHEDULE "A" Laundries: Each Additional Tap Each Toilet Each Bath or Shower $93.73 per quarter Cleaning, Drying and Pressing Establishments: $90.41 per quarter Each Additional Tap Each Toilet Each Bath or Shower Hospitals, Schools and Other Institutions: $ per quarter Each Additional Tap $ 1.97 per quarter Each Hand Basin $ 1.97 per quarter Each Toilet $ 1.97 per quarter Each Bath or Shower $ 1.97 per quarter Each Urinal $ 1.97 per quarter Each Steam Boiler $ 1.97 per quarter Car Wash: $ per quarter Each Additional Tap Each Toilet Each Bath or Shower

9 SCHEDULE "A" COMMERCIAL RATES CONTINUED: Mobile Building: A structure manufactured as a unit and occupied as a dwelling, office, store or shop, but not a bona-fide tourist whose occupancy does not exceed two weeks $ per quarter Mobile Park: Facilities to provide service to bona-fide tourists: $69.75 per quarter Each Additional Tap Each Toilet Each Bath or Shower Each Air Conditioner Water Cooled and All Water Appliances Each Urinal Each Service Stall Commercial Swimming Pool $ 9.44 per quarter $ 9.44 per quarter $ per quarter $ per quarter while in use Micro Brewery: Each Additional Tap Each Toilet Each Bath or Shower $93.73 per quarter In addition to the above, $3.31 per 1000 litres of discharge

10 SCHEDULE "A" TEMPORARY SERVICE: Construction/demolition of buildings, or any type or work requiring the use of sewer for permanent work. Maximum period for Domestic Rate shall be three (3) months. Maximum period for Commercial Rate shall be six (6) months: Dwellings $64.95 per quarter Other frame buildings per thousand (1000) square feet All other buildings per thousand (1,000) square feet $64.95 per quarter $78.61 per quarter MINIMUM CHARGE: Minimum sewer charge imposed and levied against the owner of land or real property, whose property is connected to the sewer system, shall be $77.46 per quarter. (Bylaw No Amnd. 14) (Bylaw No Amnd. 15) (Bylaw No Amnd. 16, 2013) (Bylaw No Amnd. 17, 2014) (Bylaw No. 2530, Amnd. 18, 2015) (Bylaw No. 2571, Amnd 19, 2016)