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HomeMy Public PortalAboutBy-law 2023-87 Reduction of Water and Sewer in Vacant UnitsCORPORATION OF THE MUNICIPALITY OF TWEED BY-LAW NO. 2023-87 Being a By -Law to Adopt a Policy for the Reduction of Water and Sewer Charges for Vacant Units in Multi -Unit Buildings in the Municipality of Tweed, and to Repeal By-Iaw No, 2006-39. WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, as amended, gives general authority for councils to adopt policies; AND WHEREAS the Council of the Corporation of the Municipality of Tweed deems it expedient to adopt a policy to provide for the reduction of water and sewer charges for vacant units in multi -unit buildings in the Municipality of Tweed; NOW THEREFORE the Council of the Corporation of the Municipality of Tweed enacts as follows: 1. THAT the Policy for Reduction of Water and Sewer Charges for Vacant Units attached hereto as Schedule 'A' to this By-Iaw is hereby adopted as the Policy for the Reduction of Water and Sewer Charges for Vacant Units in Multi -Unit Buildings in the Municipality of Tweed. 2. THAT Schedule `A' forms part of this By-Iaw. 3. THAT By-law No. 2006-39 is hereby repealed in its entirety. 4. THAT this By-Iaw shall come into force and take effect immediately upon the passing thereof by the Council of the Corporation of the Municipality of Tweed. Read a first, second, and third and final time, passed, signed, and sealed in open Council this 14th day of November, 2023. MAYOR Schedule 'A' to By-law No. 2023-87 Corporation of the Municipality of Tweed Policy for Reduction of Water and Sewer Charges for Vacant Units This Policy for the Reduction of Water and Sewer Charges for Vacant Units in multi -unit buildings within the Municipality of Tweed is issued under the authority of the Council of the Corporation of the Municipality of Tweed in accordance with By-law No. 2023-87 dated November 14, 2023. Page 1 of 4 The Corporation of the Municipality of Tweed Policy for Reduction of Water and Sewer Charges for Vacant Units in Multi -Unit Buildings This policy sets out the provisions for inactivation of water and sewer accounts or reduction of times factors on water and sewer accounts for vacant units in multi -unit residential and commercial buildings in the Municipality of Tweed. Definitions For the purposes of this policy, multi -unit residential and commercial buildings refers to residential and commercial buildings which have one or more units available as rental units, as a residential dwelling unit or commercial premises, to a member of the public other than the owner of the building. For water and sewer billing purposes, the multi -unit residential and commercial buildings referred to in this policy may have a separate water meter and corresponding account for each unit or may have one water meter serving the entire building and a times factor attached to the account equal to the number of available rental or living units in the building. This policy does not pertain to temporary water service disconnections for the purpose of vacancies by property owners, for which the provisions of Sections 7 and 8 of the Municipality of Tweed By-law No. 2005-51, as amended or replaced from time to time, shall continue to apply. Relationship to Other Policies This policy does not override any other policy or by-law of the Municipality of Tweed, including, but not limited to, By-law No. 2005-51, as amended or replaced from time to time, and By-law No. 2023-86, as amended or replaced from time to time, the provisions of which shall continue to apply in conjunction with this policy. Inactivation of Accounts The following procedures shall be undertaken for making inactive a water and sewer account, or for reducing the times factor on a water and sewer account, for vacant units. 1. Property owner makes written application to the Municipality, on specific form provided, for inactivation of water and sewer account, or reduction of times factor on water and sewer account, for one or more vacant units in a building. 2. Application reviewed by municipal staff; current water and sewer account times factor confirmed; application deemed complete. Page 2 of 4 3. Water and sewer account is adjusted for the appropriate number of vacant units by one of the following methods: a. Water and sewer account is made inactive if vacant unit has a separate account. b. Times factor on water and sewer account is reduced by the number of vacant units. 4. Minimum time period of vacancy of unit(s) for consideration of water and sewer account adjustment is three months. 5. Maximum benefit for vacancy of unit(s) is six months. 6. Adjustment of water and sewer account to be effective with the next regular quarterly billing date following receipt of an application. 7. No provisions for retroactive adjustments of water and sewer charges applied to vacant units. 8. With every billing cycle, the owner shall provide in writing confirmation of the continued vacancy by the last day of the billing cycle. Failure to receive this confirmation will result in vacancy reduction cancellation and the regular full rate shall apply. Reactivation of Accounts The following procedures shall be undertaken for reactivating a water and sewer account, or for increasing the times factor, upon occupancy of a previously vacated unit. 1. Property owner provides written notification to the Municipality, on specific form provided, of date of occupancy of previously vacated unit(s). 2. Water and sewer account is adjusted for the appropriate number of re -occupied units by one of the following methods: a. Water and sewer account is reactivated if vacant unit previously had a separate account. b. Times factor on water and sewer account is increased by the number of previously vacant units now occupied. 3. Adjustment of water and sewer account to be effective with the date of occupancy. Page 3 of 4 Penalty for Non -Compliance The following provisions shall apply where a vacant unit becomes occupied without notification by the property owner to the Municipality. 1. Property owner is responsible for notifying the Municipality of occupancy of previously vacated unit(s). 2. Where a property owner fails to notify the Municipality that a previously vacated unit(s) for which a water and sewer account adjustment has been made becomes occupied, the property owner shall be billed for water and sewer charges on that account as if the unit had not been vacant. 3. For the purposes of the preceding section, the water and sewer charges shall be billed at the minimum charge and will apply for the entire period for which water and sewer charges were reduced. 4. The Municipality's policy for the collection of water and sewer arrears shall be followed for the collection of water and sewer charges applied as a penalty for failure to notify of occupied unit(s). Page 4 of 4