(2) No such reduction shall be allowed unless the Committee on Works is of the opinion (a) that the amount of water charged for was in excess of that which was fairly required by the owner or occupant of the premises in respect to which the same is charged, and (b) that such excess has passed through the meter by reason of unavoidable accident or otherwise, without the negligence, default or failure to use proper care and precaution on the part of the owner or occupant of such premises. (3) Any claim for any such reduction shall be made in writing to the Committee on Works, within sixty days after the record of water consumed has been delivered to the owner or occupant of the premises, or the agent of either, and such writing shall set out fully the nature of the accident or other cause on which the claim is founded. (4) The engineer shall investigate the matter of such claim and report in writing whether the same is well founded, and whether or not the same should be allowed, and the extent of such allowance. (5) Upon such report the Committee on Works may (a) refuse to allow the claim, or (b) recommend the allowance of it in whole or in part, and on such terms and conditions as the Committee sees fit to impose. (6) If the Committee on Works unanimously resolves not to allow the claim in whole or in part, such resolution shall be final, but if such resolution is not unanimous such resolution of the majority of the Committee on Works shall, on the application of the claimant, be referred to the Council. Bills to be rendered by Clerk. Fire protection rates due and payable. Water rates due and payable. Interest on overdue accounts. Publication of general notice requesting payment. (7) Any resolution of the Committee on Works recommending the allowance of any claim for reduction in whole or in part, shall be sent by the Committee on Works to the Council. (8) Nothing in this section shall authorize the remission in respect to any premises of the amount rated thereon for fire protection. (9) Except as in this section provided, no reduction or allowance in respect to any water rates shall be made or given. c.c. sec. 506, s.s. 1 to 9 amended. COLLECTION OF RATES. 18. The bills for all water rates shall be rendered by the Clerk and paid to the Collector. 19. Fire protection rates shall become due and payable yearly in advance on the first day of May in every year. c.c. sec. 510 amended. 20. Until otherwise ordered, consumption and all other water rates shall become due and payable half yearly on the first days of May and November in every year. c.c. 501. Chap. 60, sec. 47, 1924 amended. 21. The Council may by ordinance determine what interest shall be payable on overdue accounts for any or all classes of water rates and may fix the rate of such interest not exceeding seven per cent. 1921. Chap. 77, sec. 6 part. 22. (1) The Clerk may at any time after water in newspapers rates become due, cause a general notice to be inserted in any two of the newspapers published in the city requiring all persons to pay water rates due by them within a period of ten days from the date of such notice, and such general notice shall be deemed as effective as a personal notice served upon each person in respect to water rates due by him. (2) The Clerk may also render an account to each person of the amount demanded from him for water rates, but no person shall be entitled to the same before payment. c.c. sec. 511, 1922, Chap. 54, sec. 5, 1924, Ch. 60, sec. 48. 23. After the expiration of such ten days, if the Procedure rates remain unpaid, the Clerk may (a) cause the water to be turned off from the premises in respect to which the water rates are payable until the same are paid, and (b) take such legal proceedings for the purpose of recovering the same as in his judgment seem advisable. c.c. sec. 512, 1924, Ch. 60, sec. 48. where rates remain unpaid. distraint for 24. (1) The Collector at the request of the Clerk Warrant of may issue a general or individual warrant of distraint unpaid rates. for water rates against persons who have not paid the same, and may collect and enforce the same in the same way and with the like remedies as are provided for the collection of ordinary rates or taxes. (2) The certificate of the Clerk in writing that the amount claimed for water rates is due from any person and is unpaid, shall without proof of his handwriting be admissible in evidence in any action or proceeding against such person, and shall be prima facie evidence of such water rates being due and unpaid, and thereupon without further proof, the City shall be entitled to a judgment unless a defence to the claim is substantiated. c.c. 513, 1924, Ch. 60, sec. 48. tute lien on 25. (1) All water rates shall constitute a lien Rates const on the real property in respect to which the same are property. rated, imposed or payable, and upon the personal property of the owner of such real property, and shall be paid by such owner. (2) Such lien shall attach-- (a) in respect to fire protection rates and upon and from the date on which they are Agreement for supply to entered in the water assessment book, and such book is completed and signed by the Clerk with the date, and (b) in respect to all other rates and charges for water from the actual date of entry in the water assessment book. (3) Every lien for water rates shall have the same effect and priorities, and shall be enforceable in the like manner and with the same remedies and against the like persons as a lien on real or personal property for ordinary city rates or taxes created by the City Charter. (4) The provisions of the City Charter relative to liens on real and personal property for rates and taxes and sales under lien for rates and taxes, and to irregularities therein, shall, except as in this section varied, also apply to water rates and charges. c.c. 514. 1924, Ch. 60, sec. 48. SPECIAL AGREEMENTS. 26. The City may enter into such agreement as Crown property the Council approves with the Crown for the supply of water to any property of the Crown. Procedure where property extension of water supply. c.c. 492 part. 27. (1) Upon the request of any owner of any owners request property situated on any street or highway in which no extension of the water supply has been made, the Engineer shall on the direction of the Committee on Works make a report on the matter of such extension with the probable cost thereof and that Committee may recommend the making of such extension on the execution of a bond as hereinafter provided and the Council may order such extension to be made. (2) No such extension shall be made until the owner or owners requiring a supply from the proposed extension execute a bond to the City agreeing to pay in respect to their respective properties, in addition to the amounts respectively assessable thereon for fire protection rate, a yearly amount equal to six per cent. per annum on the actual cost of the extension, such amount in the case of several properties to be yearly apportioned among the persons executing the bond. (3) If in respect to any one of such properties the yearly consumption of water as shown by the meter exceeds the said proportion of six per cent. such amount shall be payable by the owner of such property in addition to such proportion. (4) No owner of property on any such extension who has not executed such bond shall be entitled to a supply therefrom until he has executed the said bond, and upon any change of ownership of any such property the water may be turned off until the new owner has executed the bond. (5) The provisions as to the collection of other water rates shall apply to the rates payable under this section. (6) Any bond given under this section shall be for the term of ten years only, after which all properties on the said extension shall be subject to water rates as are other properties. (7) In case of any such extension the owners of properties fronting on the street on which such extension is made who do not execute such bond shall pay a rate in addition to the ordinary fire protection rate (a) on any property on which no building is situated ten cents on each one hundred dollars of assessed value, and (b) on each property on which a building is situated twenty cents on each one hundred dollars of assessed value. 28. In the case of any property in respect to special rate. which the Council fixes a special rate for the supply of water, the Engineer may require the owner to enter into an agreement to pay such special rate |