Water and Wastewater Fees and Service Charges By-law

1.  THAT the water and wastewater fees and charges as set out in Schedules “A” through “E” attached hereto and forming part of this by-law are hereby established and adopted by the Council of the Corporation of Haldimand County.

2.  THAT unless otherwise prescribed, no request by any person for any water and wastewater supply, service, activity or use of County property described in Schedules “A” through “E” will be processed or provided by any County Official, unless and until the person requesting the water and wastewater supply, service, activity or use of County property has paid the applicable water and wastewater fee or charge in the prescribed amount as set out in Schedules “A” through “E” to the County.

3.  THAT in the event that any water and wastewater supply, service, activity or use of County property is requested by a person, and a fee or charge for such water and wastewater supply, service, activity or use of County property has not been specifically provided for in Schedules "A" and "D" hereto, a water and wastewater fee or charge shall be calculated by County staff utilizing the formula described in Schedule "E", attached hereto and forming part of this by-law, and such water and wastewater fee or charge shall be deemed to be a water and wastewater fee or charge otherwise established and adopted by Council and shall be deemed to be included in Schedules "A" through "D".

4.  THAT in the event that any information, service, activity or use of County property is obtained or incurred by a person, and a fee or charge for such information, service, activity or use of County property has not been specifically provided for in Schedules “A” through “D” hereto, a fee or charge shall be calculated by County staff utilizing the formula described in Schedule “E”, attached hereto and forming part of this by-law, and such fee or charge shall be deemed to be a fee or charge otherwise established and adopted by Council and shall be deemed to be included in Schedules “A” through “D”.

5.  THAT unless otherwise prescribed, the fees and charges established by this by-law shall be payable to The Corporation of Haldimand County by cash, money order, certified cheque, cheque, debit card, through a financial institution, or online via credit card when due.

6.  THAT where any payment is received on account, the payment will first be applied against late payment charges owing according to the length of time the charges have been owing, with charges imposed earlier being discharged before charges imposed later. The payment will then be applied against the total amount owing according to the length of time they have been owing, with amounts imposed earlier being discharged before amounts imposed later.

7.  THAT a percentage of one and one-quarter percent (1 1/4%) shall be imposed as a penalty for non-payment of fees and charges remaining unpaid on the first day following the last day for payment of such fees and charges and thereafter, an additional charge of one and one-quarter percent (1 1/4%) shall be imposed and shall be added to any remaining fees and charges remaining unpaid on the first day of such calendar month in which the default continues until a new by-law is established.

8.  THAT the Treasurer is authorized to adjust penalty/interest applied above under the following conditions: (i) if the County has applied said penalty/interest in error, at the sole discretion of the County, 100% of the penalty/interest applied will be removed; or (ii) if the County, at its sole discretion, was negligent or contributed in part to the application of the penalty/interest in error, 50% of the penalty/interest will be removed. All further adjustments to penalty/interest require specific Council approval or an appeal to the applicable Provincial court.

9.  THAT the Treasurer is authorized to write off small unpaid balances under $10 as the Treasurer deems appropriate.

10.  THAT in the event any part of this by-law, including any part of Schedules “A” through “D”, is determined by a Court of competent jurisdiction to be invalid or of no force and effect, it is the stated intention of Council that such invalid part of the by-law shall be severable and that the remainder of this by-law including the remainder of Schedules “A” through “D”, as applicable, shall continue to operate and to be in force and effect.

11.  THAT in the event another by-law of The Corporation of Haldimand County establishes a fee or charge for water and wastewater services that is not referenced by this by-law and that is not inconsistent with this by-law, the fee or charge established by that or other by-law shall be deemed to be included in Schedules “A” through “D” attached hereto.

12.  THAT the fees and charges set out in this by-law shall be effective for any bills issued on or after January 1, 2024, for services rendered on or after January 1, 2024.

13.  THAT any provision of any by-law that is inconsistent with this by-law shall be hereby repealed.