Ordinance 142

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