Part II - Enacted First Nations Legislation

Decision Information

Decision Content

7 * * S^çuuJ ^ --SewQP-By-law---- ® * * - >x 117o The coun ci l o f the NECOSLIE Band o f Indians at a meeting held th is day o f 1 9 makes the fo l low in g by-law pursuant to paragraphs ( f ) , and (r ) o f Section 80 and paragraphs (b) (f)and (g) o f subsection (1) o f Section 82 o f the Indian Act BY-LAW Wo. 2 A by-lav; to provide for the construct ion and maintenance and the ra is ing and expenditure o f money for the support o f the NECOSLIE Indian Reserve Sewer system in t e Province o f 3.C. ( 1) In th is by-law (a) Manager means the person designated as such by the c o u n c i l f o f the purposes o f th is by-law; » (b) •'council'1 means the cou n c i l o f the NECOSLIE Band o f Indians (c ) "owner" means a member o f the NECOSLIE Band Of Indians who occupies any premises on the NECOSLIE Indian Reserve; (d) " permit" means a permit issued under s e c t i o n 2 o f th is bylaw; . ' (e) " premises" means a hou e, multiple dwelling house, business block or other building con tructed or under* c on s tru c t ion ; ( f ) " sewer" means the sewe mains, treatment p lant , serv ice pipes and f i t t i n g s now la id and constructed and includes the sewer mains, serv ice pipes . nd f i t t i n g s which the c o u n c i l may lay and construct or cause o be la id and constructed to within three f e e t o f any premises. ( 2) (a) Any owner who requires connection to the sewer system sh a l l apply to the c ou n c i l n the form p r e s c ibed. (b) The coun ci l s h a l l , i f i approves the a p p l ic a t io n , Issue to the owner a permit authoriz ng such owner to make, su b jec t to the condit ions contained th rein , a connect ion to the sewer system ( 3) Where any owner has been i rued à permit t i e c o u n c i l sh a l l , upon being n o t i f i e d by the owne in the form prescribed to commence excavations, extend or car e to be extended at a d e p th 'o f at l e a s t three f e e t below the surface o f the ground the serv ice pipes such d istance as i t : ecessary to convey the sewage from within 3 f e e t o f the premi es o f such owner to the sewer ta in or manhole
2 Where an owner is issued a pi rrait and n o t i f i e s the c o u n c i l to commence excavation, he shal (a) Lay and construct or cause to be la id and constructed , at his expence, at a depth o f at l e a s t --------- fe e t below the surface o f the ground such pipes not le s s than V in diameter and f i t t i n g s which, in the o] inion o f the manager are necessary to convey sewage from the p r i mises to the sewer system and (b) I n s t a l l such traps, c leanouts , p ipes , f i t t i n g s aid f i x t u r e s in, under or about his premises which, in the opinion o f the manager, are necessary to co t r o l the sewage. No owner sh a l l be e n t i t l e d t> have sewage conveyed from his premises to the sewer system unless the manager has approved the in s t a l la t i o n and connection nd such owner has paid to the c o u n c i l a serv ice fee o f ^100.00 f o r the sewer connect ion . (a) The sewage conveyed from the premises o f any owner to the sewer system sh a l l be domestic sanitary sewage only unless the cou n c i l otherwise consents in w r i t in g . Every owner s h a l l , a t his expense, repa ir and maintain and keep * repaired «and maintained a l l p ipes , f i t t i n g s , trays and f ix t u r e s that he has laiçl, constructe or in s ta l le d o * has caused to be la id connected or in s ta l led or the purpose i f conveying sev.age from the premises to the sew r system. The manager may enter the pr mises o f any owner connected to the sewer system from time to t ine f o r the purpose o f inspecting the p ipes , f i t t i n g s , traps and f ' x t u r e s . (b) I f the manager is o f the opinion that th<* pipes, f i t t i n g s , traps and f ix t u r e s in the p mises o f any owner are d e fe c t iv e or are in need o f repa ir he h a l l serve upon the owner o f such premises and order to remedy tne d e f e c t . (a) The order sh a l l allow an f i x a reasonable time within vhich the owner is to comply with the d ir e c t io n s contained therein (b) The manager shal l be the f i n a l judge as to whether the d i r e c t i c or d ire c t io n s contained in 1 e order have been complied with. I "
- 3 s 10. (a) I f the owner f a l l s to c jmply with the order within the time s p e c i f i e d there in , ti e manager sh a l l make a report to the c o u n c i l . (b) the council may d irect ,’rat the supply o f watei to the premises refereed to in t! e order be turned o f f u n t i l such time as the owner th ereo f has compiled with the d ir e c t io n or d ire c t io n s contained thert in . 11. Where the owner complies v i t h the d i r e c t i o n or d ir e c t io n s contained In the order the c o u n c i l s h a l l , upon payment by the owner o f a s e rv ice fee o f % $ . 0 0 d i r e c t that the water be turned on to the premises o f sucl owner. n , (a) the cou n c i l may for the purpose o f repair ing and maintaining the sewer system or laying and construct ing addit ions to or extending the sewer system shut o f f the water supply to the premises o f any owner fo r such period o f time as i t considers necessary. (b) The cou n c i l or any raer oer th ereo f sha l l not be l i a b l e fo r any damages that may resu t to any premises or to the owner o f such premises from the turning o f f o f water. (a) Where any premises is connected to the sewer sÿstem the owner of such premises sh 11 pay to the co u n c i l the ra tes and charges f ixed and determi.- ed from time to time by the c o u n c i l , except that the said rate and charges sh a l l not be l e s s than r $3.00 per month per owner (b) The rates and charges sh a l l be payabie^by the owner at the o f f i c e o f the manager on r before the f i f t e e n t h day o f each month. ( c ) The co u n c i l may a l io a discount o f 10% to any owner who pays the sev/er rates and ( barges in f u l l on or be fore the due date. l*f. Where new rates and char is are f i x e d and determined by the c ou n c i l the manager shal ' post a copy o f such rates and charges in at least three conspi( uous places on the NECOSLIE Indian Reserve, à 15 (a) Where the owner o f a» y premises n eg lects or refuses to pay, when due, the rates and < barges fo r sewer s e rv ices to his
- b -vb) VJhere 1 he owner pays a l l ~ates and charges In arrears the c ou n c i l sh a l l upon payment by the owner c f a serv ice fe e o f $ 5,00 d i rect that the . nter be turned on to the premises o f such owner. 16. Every owner sh a l l be l ia i le fo r payment o f a l l charges and rates for sewer serv ices bo h is premises unless he g ives notice in w rit ing to the counci, that such serv ices be d iscontinued . 17 . (a ) All serv ices fe e s , c urges and rates c o l l e c t e d by the cou n c i l pursuant to this by-law s h a l l , when required, be expended by the cou n c i l for the constru ct ion and m inten^nce o f the sewer system. (b) Notwithstanding the prpvisions o f subsection ( a ) , the counci l may by reso lu t ion provide' fo r the remuneration o f the manager from serv ice f ees , charges and rates c o l l e c t e d by the counci l pursuant to this by-law, such remuneration not to exceed in any one month 20% o f the to ta l o f such se r v ic e f e e s , charges and rates c o l l e c t e d in the ssme month. 18. The c ou n c i l may prescribe such forms and n o t ices as are required fo r the purposes o f this by-law. 19. ( 1) No owner shal l lay, construct or i n s t a l l or cause to be laid I constructed or insta l led any p ipes , f i t t i n g s , traps or f ix tu r e s for the purpose o f conve ing o f c o n t r o l l i n g sewage from the unless such pipes, f i t t i g s , , t r a p s o f f i x t u r e s have approved by the manage . (2 ) No owner without: (a) a permit, or (b) the authority o f coun ci l sh a l l tap or make ary connection with or in te r fe r e with the sewer system. ( 3) No owner or person i h a l l in t e r fe r e with or attempt to in­ te r fe re with the ram <ger when preforming or attempting to perform the duties ..nder th is by-law. 20. Any owner or person who v io la te s any o f the prov is ions o f th is by-law sh a l l be g u i l ty 01 an o f fen ce and sh a l l be l ia b le on . summary con v ic t ion to a f in e not exceeding $100.00 or imprison­ ment fo r a term not exceeding 30 days or both f ine and imprison­ ment
COUNCILLORS: ft v I
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