ORDINANCE NUMBER 142
RESPECTING
STREAMS AND DRAINS
BE IT ENACTED by the City Council of the City of
Halifax, under the authority of Section 354 of the Halifax
City Charter, 1963, as follows:
Number and Short Title
1. This Ordinance shall be known as Ordinance
Number 142, and may be cited as the Streams and
Drains Ordinance.
Definitions
2. In this Ordinance:
(a) "City" means the City of Halifax;
(b) "Council" means the City Council of the
City;
(c) "Director" means the Director of
Engineering and Works for the City;
(d) "Owner" includes tenant, occupant and
the person in whose name the property is
assessed on the assessment roll of the
City;
(e) "Water course" includes water course and
the bed thereof, and every source of
water supply, whether the same usually
contains water or not, and every stream,
river, lake, pond, creek, spring,
ravine, and gulch.
No Obstruction or Impediment of Flow
3. No person shall obstruct or impede the flow
of any water course, drain or sewer.
4. No owner shall permit or continue to permit
any water course, drain, or sewer upon his land to
become or remain obstructed.
Directions to Remedy
5. (1) Where the Director is of the opinion
that any water course, drain, or sewer, on private
lands in the City, is, or is being obstructed or
impeded, the Director shall, by a notice in
writing, direct the owner of such land to remove
the obstruction or impediment.
Failure to Remedy
(2) If the owner fails to remove the obstruction or impediment within one week from receipt of the notice, the City may, by its servents or agents, enter upon the land and remove the obstruction or impediments, at the expense of the owner, the City may recover the expense thereof with costs by action in any Court of competent jurisdiction.
Service of Notice
6. (1) A notice under this Ordinance shall be
served on the owner, by delivering it to the owner
personally or by leaving it at the owner's last or
usual place of abode with an adult residing
thereat or by sending it by registered mail.
(2) Notwithstanding the provisions of
subsection (1) herein, where the land is vacant,
service of a notice may be made by registered mail
to the last known assessed owner as shown on the
assessment roll of the City, and the time at which
the notice so mailed would be delivered in the
ordinary course of mail shall be considered as the
time of service thereof.
Offence Penalty
7. Every person who contravenes or fails to
comply with any of the foregoing provisions of
this Ordinance shall, for each offence, be liable
to a penalty not exceeding One Thousand Dollars
($1,000.00) and, in default of payment, to
imprisonment for a period not exceeding sixty (60)
days.
WE HEREBY CERTIFY THAT THE FOREGOING ORDINANCE NUMBER
142, RESPECTING "STREAMS AND DRAINS" WAS READ AND PASSED A
FIRST AND SECOND TIME AT REGULAR MEETINGS OF THE HALIFAX
CITY COUNCIL HELD ON MAY 27 AND JUNE 17, 1971, RESPECTIVELY.
(Signed) Allan O'Brien
MAYOR
(Signed) R.H. Stoddard
CITY CLERK
Notice of Motion to Introduce: May 13, 1971
First Reading: May 27, 1971
Committee of the Whole Council: June 9, 1971
Second Reading: June 17, 1971
Approval of M.M.A.: July 6, 1971
AMENDMENTS:
No. 1 Section 7
Notice of Motion to Introduce: September 30, 1976
First Reading: October 14, 1976
Committee of the Whole Council: October 20, 1976
Second Reading: October 28, 1976
Approval of M.M.A.: November 18, 1976
No. 2 Section 4; Section 5(2); Section 6(1)
Notice of Motion to Introduce: June 29, 1978
First Reading: July 13, 1978
Committee of the Whole Council: July 19, 1978
Second Reading: July 27, 1978
Approval of M.M.A.: August 18, 1978
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