Legislation

Being a by-law of the City of Dartmouth relating to Sewer Rates in the City.

The Council of the City of Dartmouth enacts as follows:

1. In this by-law:

(a) "defined area" means the area defined in subclause (i) of Section 1 of Chapter 87 of the Acts of 1957.

(b) "local collector sewer" means a sewer into which sewer laterals discharge and may include a trunk sewer if sewer laterals discharge into it. (C-528)

2. (1) Every owner of land on any street in the City of Dartmouth in which a local collector sewer is constructed after the effective date of this by-law, shall pay to the Treasurer of the City for the construction of the said sewer:

(a) for each lot of land having a perimeter of less than nine hundred feet, the sum of $1,500.00; (C-528)

(b) for all other lands in the City the sum of $25.00 per lineal foot of street frontage of such land; (C-528)

(c) for every dwelling unit in excess of one on a lot, the sum of $375.00 each; and (C-528)

(d) for every approved space in a mobile home park in excess of one, the sum of $375.00 each. (C-528)

(2) Where a new lot results from subdivision of a lot which has been made subject to a lien pursuant to the provisions of subsection (1) above, the sum of $1,500.00 shall be paid, less the pro rata share of the amount already paid for a sewer lien with respect to the lot before subdivision. The amount already paid shall be credited pro rata among the new lots according to the number of new lots resulting from the subdivision. (C-528)

(3) Where a lot results from a subdivision of a lot which has been made subject to s sewer lien before the effective date of this by-law, the sum of $465.00 shall be paid less the pro rata share of the amount already paid for a sewer lien with respect to the lot before subdivision. The amount already paid shall be credited pro rata among the new lots according to the number of new lots resulting from the subdivision. (C-528)

(4) Notwithstanding subsections (1), (2) and (3) above, where a sewer was installed prior to June 1, 1968 the total sewer charge for a local collector sewer shall in no case exceed the sum of $7.50 per lineal foot of street frontage of such land. (C-528)

(5) Notwithstanding subsection (1), where a sewer was constructed prior to the effective date of this by-law but on or after June 1, 1968, the charge determined pursuant to this Section shall be $115.00 for each dwelling unit in excess of one. (C-528)

3. The amount so ascertained and computed may be paid at the option of the owner of the property in twenty annual payments each payment to consist of one-twentieth part of the principal sum together with one year's interest on the amount remaining due at twelve percentum per annum. In such case the first installment shall be due and payable upon the filing of the City Engineer's certificate with the City Clerk, and subsequent installments shall become due and payable on March 31st of respective subsequent years. In default of payment of any one of such installments for the period of six months after the same shall become due and payable the whole of the said principal sum shall become due and payable and the said land may be sold for the payment of the principal sum and accrued interest to date of sale and all the rights, remedies and proceedings respecting enforcing liens for taxes and the sale of the land therefor shall be used and applied for the purpose of enforcing the said lien for sewage rates. (C-528)

4. Where the perimeter of such land exceeds nine hundred feet with a frontage on more than one street, the total lineal foot street frontage assessed for local collector sewers installed in respect of such land shall not exceed one-half the total lineal foot frontage of the said land. (C-528)

5. Where any lot which has previously been assessed is subdivided into two or more lots sewer rates shall be assessed on the new individual lots created according to the provisions of Sections 2 and 4 of this by-law and the amounts already paid for a sewer lien in respect to a lot before subdivision shall be credited to the sewer lien on the new lot pro-rated according to the lots derived from the sub-divided lot.

6. All property connected with a local collector sewer, whether such property fronts on a street or not, shall be assessed for local collector sewer the same sum as if such property fronted on a street.(C-528)

7. Where local collector sewer is laid through property other than a City street to service land, such land shall be assessed local collector sewer rates as if the local collector sewer were laid on a public street. (C-528)

8. Where sewer systems have been installed by private developers and connected to the City sewer system, property shall be assessed as provided in Section 2 and credit given to the assessed owners for payments made for a local collector sewer and for payments made under Section 9 of this by-law. The credit give shall in no case exceed the amount paid for a local collector sewer or the total amount of street frontage calculated under the provisions of this by-law. Proof of such payment satisfactory to the Treasurer shall be provided. (C-528)

9. The amount payable by the owner of land in the defined area for sewer rates shall be reduced by the amount of principal and interest payments made in respect of such rates to the Municipality of the County of Halifax or to the City of Dartmouth pursuant to the provisions of Chapter 76 of the Acts of 1955 and of Sections 14 to 18 inclusive of Chapter 87 of the Acts of 1957.

10. In the areas which were formerly part of the Municipality of the County of Halifax and where an area rate had been levied by the Municipality of the County of Halifax for sewer rates, the property owners shall be given credit for the yearly rate calculated under the the terms of this by-law for the number of years that sewer facilities have been installed and area rate has been levied.

11. Where a public sewer is constructed in a street and:

(a) the buildings on land fronting on the street were erected before the public sewer was constructed; and

(b) the City Engineer certifies that the said buildings, excluding the basement thereof, cannot be served by the public sewer except by the installation of a lift pump;

the actual cost to the owner of said lands for the purchase and installation of a lift pump, up to a maximum of $309.00 shall be credited against the amount payable by such owner pursuant to this By-law. (C-528)

12. By-law C-243, as amended, is hereby repealed.

Done and Passed in Council this day of , A.D. 19

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Mayor

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City Clerk