to be measured by the City Surveyor, and to deliver to the Road Committee a certificate of the said measurement, signed by the said Surveyor, before the arching of such vault or cistern shall be commenced; for each of which certificates the City Surveyor shall be entitled to receive, on behalf of the corporation of the said City from the party requiring the same, the sum of four dollars. GREATER AMOUNT OF SPACE THAN CERTIFIED Sect. 7.-If it shall appear by such certificate or otherwise that such vault or cistern occupies a greater number of square feet than shall have been paid for as aforesaid, the owner of such vault or cistern shall, in addition to the penalty hereinafter provided, paytwenty-five (25) cents for each square foot of ground occupied by such vault or cistern, over and above the number of square feet feet paid for as aforesaid. ENCLOSURE OF VAULTS DURING CONSTRUCTION. Sect. 8.-It shall be the duty of every person or persons engaged in building vaults or cisterns as aforesaid, to enclose the ground taken or appropriated for such vaults, with a fence or railing, in such a manner as to prevent danger to street passengers; and to continue and uphold the said fence or railing until the work shall be completed or the danger removed. VAULTS OR CISTERNS, HOW CONSTRUCTED. Sect. 9.-All vaults or cisterns shall be constructed of brick or stone, in a solid and substantial manner and the outward side of the grating or opening into the street shall be either within twelve (12) inches of the outside of the curb stone of the sidewalk, or within twelve (12) inches of the foundation wall of the front of the house or building to which such vault shall belong. GRATES OF VAULTS AND CISTERNS. Sect. 10.- -All grates to vaults shall be made of wrought iron, the bars whereof shall be three-fourths (34) of an inch wide and one half (12) of an inch thick, and not more than three quarters (34) of an inch apart; or the said vaults or cisterns may be provided with thick glass lights, to the satisfaction of the City Surveyor. TIME REQUIRED FOR COMPLETION. Sec. 11. All vaults or cisterns shall be completed and the ground and sidewalk over them closed and refitted to the satisfaction of the City Surveyor, within three (3) weeks after they are commenced. VAULTS AND CISTERNS, TO BE COVERED. Sect. 12.-It shall be the duty of every proprietor who shall construct, or cause to be constructed, any vault or cistern under the provisions of this by-law, to lay and maintain at his own cost, over such vault or cistern, a flag stone footpath or side walk. PROPRIETOR LIABLE FOR DAMAGES. Sect. 13. Every proprietor who shall construct, or cause to be constructed, any vault or cistern, as aforesaid, shall be answerable for any and every damage which may be occasioned to persons, animals or property, by reason of carelessness or defect in any manner connected with the said vault or cistern. SECURITY OF GRATES OR COVERINGS. Sect. 14. No person shall remove or cause or suffer to be removed, or insecurely fixed, so that the same can be moved in its bed, any grate or covering to the opening or aperture of any vault in the said City. PENALTIES AND FINES. Sect. 15.-Every person offending against any of the provisions of this by-law shall be liable to a fine, and in default of immediate payment of said fine and costs, to an imprisonment, the amount of said fine and the term of said imprisonment to be fixed by the Recorder's Court, at its discretion; but such fine shall not exceed forty ($40) dollars and the imprisonment shall not be for a longer period than two (2) calendar months; the said imprisonment, however, to cease at any time before the expiration of the term fixed by the Recorder's Court, upon payment of the said fine and costs; and the said offender shall be liable to the same penalty for each and every day that such violation or contravention shall last, which shall be held to be a distinct and separate offense for each and every day as aforesaid. BY-LAW TO AMEND BY-LAWS Nos. 191, 235, 241, 277 AND 287 CONCERNING SEWERS (Adopted 23rd February, 1903. No. 298.) CONSTRUCTIONS OF PUBLIC SEWERS. Sec. 1. The Council may, by resolution, order the construction of any public sewer that shall be considered necessary by the Road Committee, in any street or lane in the City. SEWERS RECOMMENDED BY BOARD OF HEALTH. Sec. 2. The said Council may also, by resolution, order, within the limits of the said City, the construction of any sewer recommended by the Board of Health, in the interest of public health, in any proposed street or lane not yet open to public traffic. COST OF A DRAIN CONNECTION. Sec. 3. Whenever a public sewer is under construction, that is until such time as the brick work is not completed, proprietors on such streets or lanes shall, upon application to the City Surveyor, accompanied by the payment of one dollar ($1.00), have a connection of vitrified tile pipe three feet in length located in the position they want their connection built for each lot, having a frontage on the street or lane where the said sewer is being constructed. DRAINS, PROPRIETOR'S LIABILITY. The proprietors shall in all such cases, place a stake in the ground at the proper place, and shall also bind themselves, in writing, to hold the City free from all damages in the event of their cellars being, at any time, less than three (3) feet above the inside of the crown of said sewer. OWNERS MAKING THEIR OWN DRAIN. Sec. 4. The cost of these connections will form part of the total cost of the public sewer. The proprietors of each one of the said lots who will have obtained a connection shall be at liberty to make their own private drain, from the sewer to the alignment of their property, during the construction of said sewer as well as during the two (2) months following the completion of the same. After the expiration of such delay, the proprietors of said lots who desire to make their own private drain, shall conform to Sect. 7 of this Bylaw. CONNECTION OF DRAINS TO SEWERS. Sec. 5. All private drains shall be connected with the public sewer not lower than the springing of the arch of said sewer, and shall not have less than one quarter (4) of an inch per lineal foot rise from the public sewer to the alignment of the private property; such work shall not be finally covered under any pretext whatever until examined by the City Surveyor or his representative and the proprietor shall beep a watchman over such drain and be responsible for all loss, damage or accident arising from the work, until such final examination and approval by the City Surveyor or his representative within twenty four (24) hours. Should the cut be closed before being inspected, the City shall not recognize the existence of such drains and shall not make any mention thereof on its plans, unless the proprietor re-opens the cut. PUBLIC SEWER, PUBLIC NOTICE OF ITS CON STRUCTION. Sec. 6. When the Council shall decide to lay down a public sewer as aforesaid, or when any street is about to be newly paved or macadamized, in which a public sewer has already been laid, public notice thereof shall be given in the newspaper by the city surveyor to the proprietors interested in such street, specifying the time within which they can obtain permits to have their drains made from the public sewer to the line of their property. CONNECTION OF DRAIN TO SEWER. Sec. 7.-Whenever a proprietor desires to construct a private drain to connect with an existing sewer, after the street has been paved or macadamized, or after a sewer has been laid therein, he shall obtain from the City Surveyor a permit to that effect, for which he shall pay one dollar ($1.00), and he shall also pay : FEES OF CONNECTIONS, ETC. ist. For the three (3) foot tile pipe connection, $3.00. 2nd. For repairing the paving in permanent material, as estimated amount of one and one third (1%) of the length of cut to opened, four dollars ($4.00) per lineal yard. 3rd. For repairing the macadamized street, an estimated amount of one and one-third (1%) of the length of cut to be opened, be one dollar ($1.00) per lineal yard. REPAIRS TO DRAINS. Sec. 8. Should a proprietor wish to repair an existing private drain, he must make the necessary deposits and the City will not be held responsible for the said drain, PERMITS ON CERTAIN CONDITIONS. Sec. 9.-The City will not give a permit to a proprietor whose property is not three (3) feet above the crown of the public sewer, unless the proprietor shall bind himself in writing to exempt the city from all damages. SIZES OF PUBLIC SEWER. Sec. It shall be the duty of the City Surveyor, when a public sewer has been ordered to be built, to ascertain its depth, dimensions, mode of construction and general direction, to take the plan thereof and insert the same, with all particulars, in a book to be kept for that purpose. COST OF SEWERS. Sec. 11. The cost of making such sewer and connections, as aforesaid, shall be borne and paid by the owners of immoveable property situate on each side of the public street or lane and opposite which such sewer is made, by means of a special assessment to be levied upon such owners according and in proportion to the frontage of their respective properties; but proprietors shall not be assessed for a public sewer, whatever its dimensions, at a higher rate than for their proportion of the cost of a sewer three (3) feet in diameter, upon such owners according and in proportion to the frontage of their respective properties; but proprietors shall not be assessed, for a public sewer, whatever its dimensions, at a higher rate than for their proportion of the cost of a sewer three (3) feet in diameter, the same to be based upon the average cost of sewers two (2) by three (3) feet constructed during the year, taking into account the rock, if any. ASSESSMENT FOR COST OF SEWERS. The amount of such assessment shall be levied and paid in ten (10) years, that is to say, one tenth (1-10) thereof each year, with interest at the rate of five (5) per cent per annum; but it shall be lawfulf or any proprietor to pay his share in full, without interest, when the assessment roll shall have been signed by the City Surveyor. SEWERS FOR CORNER LOTS. Sec. 12. When a lot is situated on two (2) existing streets or lanes, projected streets or lanes, of which it forms the corner, and one (1) of said streets or lanes is already provided with a sewer for which the proprietor of such lot has paid, such proprietor, in case another sewer be built in the other street or lane, shall be entitled to a reduction in the assessment for the latter sewer, as follows. If a lot has a depth of one hundred (100) feet or more, it shall be exempted to the extent of fifty (50) feet. If it be less than one hundred feet (100) deep, a pro rata reduction will be made. WHEN A SEWER EXIST REDUCTION WILL BE MADE. Sec. 13.-When a public sewer is ordered to be made in any street or lane or projected street or lane, where a brick or tile sewer already exists which was paid for (in whole or in part) by the proprietors, and is reported by the city surveyor as good and sufficient for the wants of said proprietors, but not sufficient for the other purposes of a public sewer, the said proprietors shall be entitled by a reduction in the amount to be charged them for the new sewer, equal to what they paid for the original sewer, less, however, the wear and tear of the same, such reduction to be determined in a summary manner by the City Surveyor when the apportionment is made. SEWERS TO BE REPAIRED BY THE CITY AND DRAINS BY PROPRIETORS. Sec. 14. Public sewers on public property shall be repaired and kept in order by the City; private drains on private property and in the streets shall be constructed and kept in order by the proprietors. BOOK OF RECORDS FOR SEWERS. Sec. 15.-So soon as a public sewer is completed, the City Surveyor shall assess in a book to be kept by him for that purpose, the proportion of the cost of its construction (including the connections aforesaid) payable by the owners of immoveables abutting on the street, projected street or lane, wherein such sewer and drains have been laid, according to the frontage of such immoveables as aforesaid, and such assessment shall be made by the City Surveyor, as far as practicable, within six (6) months from and after the completion of said sewer and connections. |