The schedule of charges and rates for water service shall be
as adopted annually or at any other time as determined by resolution
of the Town Board, except that, if no action is taken by the Board,
the most recently adopted schedules shall continue in effect.
All water supplied shall be charged for on the basis of the
amount registered on the meter or meters installed on the consumer's
premises with a minimum charge as established by the Town Board. Where
two or more meters supply the same premises and the consumer, the
consumer, in addition to the fixed charges for all meters, shall be
billed at the schedule of rates for a quantity of water equal to the
sum of the readings on all meters on the premises.
A charge shall be made for construction purposes during the
erection of any dwelling or business establishments. This is only
available until the building is secure. This charge shall be fixed
by the Town Board when it adopts the schedule of charges and rates
herein provided for. For all other types of construction, water shall
be metered. A $40 turn-on/off fee is required, plus the current minimum
charge for the first quarter, a current minimum charge for any fractional
part of a quarter thereafter. Note: The Water Department is not liable
for frozen meters or services. This is the sole responsibility of
the owner and/or contractor.
The Water Department, with the approval of the Town Board, shall
determine the charges and rates in special cases to cover unusual
conditions or types of service not contemplated in these rules and
regulations or in the rates and charges set by the Town Board for
regular service. No consumer will be allowed to supply water to other
persons or premises, and no owner or occupant shall use water from
another premises unless specific permission has been obtained in each
case from the Water Department. The Water Department has the right
to require, during a temporary period of emergency, that a consumer
allow it to connect an adjacent premises to such consumer's piping,
but in such case allowance will be made for any excess water registered
on his meter.
A.
Checks for payments of water bills and water charges shall be made
payable to the Town Water Department. Meters will be read and bills
rendered at regular quarterly intervals for all meters up to one inch
in size. Bills for the previous quarter shall be due and payable at
the office designated on the bill.
B.
If the quarterly bill remains unpaid for a period of 180 days after
it becomes due, the water will be shut off until such bill is paid,
together with any additional charge as fixed from time to time by
resolution of the Town Board, which shall fix a charge both for restoration
during normal hours and nonpayment.
A $100 service charge, 7:00 a.m. to 3:30 p.m., Monday through
Friday, and a $180 service charge for outside of normal business hours.
A.
An adjustment will only be given to a premises that had unintentional
water loss caused by a broken service line between the meter pit and
the house entry. The forgiveness will only be given on the current
bill. If prior bills exist, it will not be taken into consideration.
See Leak Adjustment Policy, adopted September 5, 2012.[1]
[1]
Editor's Note: See Art. IX, Leak Adjustment Policy (Service
Line).
B.
An adjustment will not be given to cover unintentional water loss
after the meter inside of the premises, excess water due to left-on
hoses, excessive irrigation, water-power sump pumps or neglect of
wear-and-tear items such as toilet flappers, leaking faucets, water-softening
systems, humidifiers and any water-distributing device attached to
the items.
The Water Department, upon the written request of a property
owner, will mail the water bills to the tenant or lessee using the
water, but the owner shall remain responsible for all charges provided
in this article, together with any penalties.
It is the responsibility of the current property owner to contact
the Water Department, a minimum of 10 days prior to the close of the
house to request a final reading to be completed. Once the reading
has been obtained, a final bill will be generated.
The Town Board may enter into a contract or contracts for the
sale of water to users not within the Elma Water District. Rates for
such use shall be specified in each such contract, provided that such
rates shall not be less than the rates established for users within
the district. In fixing such rates, the Board may consider whether
any such applicant is assessed by the Elma Water District as a property
owner within said district. Any contract for such service outside
the district shall require the party requesting such service to comply
with the provisions of this chapter.
A.
All water rents, penalties and interest thereon and all charges for
tapping, connection and disconnecting and any other charges provided
by this chapter shall be a lien on the real property upon which the
water is used, and such lien shall be prior to every other lien or
claim except the lien of an existing tax.
B.
The Town Clerk shall annually file with the Town Board and the Supervisor
the amount of any such liens which have not been paid at the time
and in the manner prescribed by the Town Board with a description
of the real property affected thereby, and the Supervisor and the
Board of Assessors may include such amount in the annual tax levy
and transmit such statements to the Board of Supervisors, who shall
levy the same upon the real property in default.
C.
Notwithstanding any other provision of this article or of the Town
Law, the Superintendent of the Elma Water Department may, when a user
terminates use of water service and requests refund of a meter deposit,
deduct from said deposit any balance due the Water Department for
water use. The Superintendent shall first send such user a voucher
itemizing the deposit, the water charge and the balance due the user,
if any. If the user does not return said voucher within 10 days with
his signature affixed, the Superintendent may proceed to offset the
meter deposit against the amount due, as above, and remit the balance,
if any, to the user.
