Village of Hancock, NY
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Hancock as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 88.
[Adopted 12-12-1983 by L.L. No. 1-1983 as Ch. 47 of the 1983 Code]

§ 109-1 Regulations to govern.

The following rules, regulations and schedules of rates as set forth in this article shall govern the use of water supplied by the Village of Hancock, New York, to consumers within the corporate limits of the Village of Hancock.

§ 109-2 Application for water use.

All persons desiring to use Village water shall file with the Village Clerk an application describing the location of the property where the water is to be consumed, the purpose for which water is to be used and such other information as may be required by the Board of Trustees, which Board will provide the necessary application forms.

§ 109-3 Permits.

The Board of Trustees shall have the authority to grant permits for the use of water within the Village limits, provided that a water main is adjacent to the property and that no extension thereof is necessary. Permits in all other cases within the Village limits shall be given by action of the Board of Trustees.

§ 109-4 Information required.

All applicants for water must state fully and truly all purposes for which it is required, and at all times parties must frankly and without concealment answer all questions put to them relating to its consumption. In case of misrepresentation or use of water not mentioned in the permit or of waste of water, the Board of Trustees shall have the right to shut off the supply of water until it shall be satisfied that there will be no further cause of complaint and that the party has paid such fines and additional charges as may be imposed under this article.

§ 109-5 Inspections.

In order to inspect the condition and use of all plumbing, the Board of Trustees, or any person delegated by said Board for that purpose, shall have free access at all reasonable hours to all parts of any building on premises where Village water is delivered or used.

§ 109-6 Maintenance responsibility.

A. 
The owner of any property where Village water is consumed shall keep his own service pipes, street taps, curb boxes, water meter and all other fixtures connected therewith in good repair and protected from frost at his own risk and expense. He shall guard against and prevent all waste of water.
[Amended 2-10-1992 by L.L. No. 1-1992]
B. 
When, in the opinion of the Board of Trustees, a service pipeline to any property is discontinued or abandoned, the property owner shall take out a street excavation permit[1] and shall disconnect said service pipelines from the Village service water main within 10 days after notice from the Board of Trustees directing the disconnection.
[1]
Editor's Note: See also Ch. 96, Streets and Sidewalks, Art. I, Excavations.
C. 
In the event that any property owner or his authorized representative shall fail to comply with the requirements set forth in this section, the Board of Trustees may perform the work herein required, and the expenses thereof shall be borne by the owner of the premises. Any unpaid charges for the above work shall constitute a lien as prescribed for unpaid water rents.

§ 109-7 Restriction on supplying water to others.

It shall be a violation for any tenant or owner of any premises on which water is permitted to be consumed to supply water to any other person or premises.

§ 109-8 Alteration of pipes.

No addition or alteration in or about any service pipe or distribution pipe shall be made or caused to be made without notice thereof being previously given to and permission had in writing from the Board of Trustees.[1]
[1]
Editor's Note: Original § 47-9, of the 1983 Code, Regulation 9: Sprinklers, which immediately followed this section, was repealed 2-10-1992 by L.L. No. 1-1992.

§ 109-9 Regulations; rates and charges.

A. 
Installation fees.
[Amended 2-10-1992 by L.L. No. 1-1992; 9-14-1992 by L.L. No. 4-1992]
(1) 
After application has been made and a permit granted in accordance with §§ 109-2, 109-3 and 109-4, an installation fee as set forth from time to time by resolution of the Board of Trustees[1] shall be paid by the applicant to the Village of Hancock. The Village will then install water service to the property line of the applicant.
[1]
Editor's Note: Current fees are on file in the office of the Village Clerk.
(2) 
The installation fees represent a minimum fee for each installation. The Superintendent of Public Works is authorized to estimate the installation fee, and the installation fee, plus the estimated cost for parts and labor, will be paid by the applicant at the time of making application.
B. 
Metered and nonmetered service.
[Amended 12-9-1985 by L.L. No. 3-1985; 2-10-1992 by L.L. No. 1-1992; 9-14-1992 by L.L. No. 4-1992]
(1) 
Nonmetered service.
(a) 
The minimum rate for nonmetered service and nonmetered rates per quarter for private dwellings shall be as set forth from time to time by resolution of the Board of Trustees[2] Two- or three-family dwellings shall be charged as two- or three-family private dwellings, respectively.
[2]
Editor's Note: Current fees are on file in the office of the Village Clerk.
(b) 
Modification of number of taps (nonmetered service). It shall be the responsibility of the owner to report any modification of the number of taps. Charges shall be made on a prorated basis to the nearest quarter. Failure to report the addition of taps within 30 days shall be considered a violation of this article.
(2) 
Metered service. The following rules, regulations and rates shall apply in all cases where the consumption of water is metered:
(a) 
The minimum charge for metered service and the rates for all metered services shall be as set forth from time to time by resolution of the Board of Trustees.[3]
[3]
Editor's Note: Current fees are on file in the office of the Village Clerk.
(b) 
All bills for metered water rents and services shall be billed quarterly, will be chargeable against the premises where the water is used and shall be payable as provided in Subsection C below.
(c) 
Usage of water which may be metered. Manufacturing industries, bakeries, coalyards, dry-cleaning establishments, garages, service stations, greenhouses, commercial hotels, ice machines, laundries, mercantile establishments, car washes, restaurants, institutions, schools, lawn-sprinkling pipe systems and water-cooled refrigerators may be metered. In addition to the foregoing, the Board of Trustees shall have the authority to require the use of a water meter on any premises when it deems it advisable.
C. 
General billing. Charges for water consumption are billed quarterly, payable before the 30th of the month in which rendered.
[Amended 12-9-1985 by L.L. No. 3-1985; 2-10-1992 by L.L. No. 1-1992; 9-14-1992 by L.L. No. 4-1992]
D. 
Nonpayment of bills.
[Amended 12-9-1985 by L.L. No. 3-1985; 2-10-1992 by L.L. No. 1-1992]
(1) 
A penalty of 10% shall be added to all bills not paid before the 30th day of the month in which bills are rendered.
(2) 
If the bill is not paid within 60 days after it is due, water may be shut off, and a permit for turning it back on will not be issued until all water rents, penalties and a service fee as set from time to time by resolution of the Board of Trustees have been fully paid.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
In the event that water services have been turned off by order of the Board of Trustees for any other reason, it shall be the responsibility of the owner of the property involved to apply to the Village Clerk for renewed services. A service charge of $10 shall be paid therefor.
[Amended 12-9-1985 by L.L. No. 3-1985; 2-10-1992 by L.L. No. 1-1992]
F. 
All water rents in arrears, including penalties, interest or other charges, are chargeable against the premises where the water is used and shall become a lien upon the real property, payable by the owner of the property.
G. 
Partial payments will be credited against the accounts of the property until all arrears, penalties and other charges have been fully paid. The Board of Trustees will not accept payments for current water rent until all arrears have been paid. Water rents for a fractional part of a term shall be due and payable at the end of the term. No credit shall be allowed for a period of less than 30 days. Partial payments for water rents may be made in monthly payments in advance of the quarterly billing, upon prior arrangements with the Clerk's office.
[Amended 12-9-1985 by L.L. No. 3-1985]
H. 
The Board of Trustees reserves the right to change the rules, regulations and rates for the use of water from time to time as conditions may require.[5]
[5]
Editor's Note: Original § 47-11 of the 1983 Code, Regulation 11: Vacancy, as amended, which immediately followed this section, was repealed 2-10-1992 by L.L. No. 1-1992.

§ 109-10 Control of water service.

[Amended 2-10-1992 by L.L. No. 1-1992; 9-14-1992 by L.L. No. 4-1992]
The Superintendent of Public Works shall be in control of all turning on or turning off of water service. The Water Department shall charge a separate fee as set forth from time to time by resolution of the Board of Trustees for each,[1] based upon whether or not the work is done during normal working hours or after working hours.[2]
[1]
Editor's Note: Current fees are on file in the office of the Village Clerk.
[2]
Editor's Note: Original § 47-13 of the 1983 Code, Use of hydrants, which followed this section, was repealed 9-14-1992 by L.L. No. 4-1992.

§ 109-11 Penalties for offenses.

[Amended 2-10-1992 by L.L. No. 1-1992]
A. 
Any person violating any of the rules, regulations or local laws governing the use of Village water shall be subject to a penalty of not less than $50 nor more than $250 or imprisonment for not more than 15 days, or both, for each violation. Each act of violation or each day on which any violation shall continue shall constitute a separate offense.
[Amended 9-14-1992 by L.L. No. 4-1992]
B. 
If any water rent remains unpaid on the first day of May, the Village Clerk shall certify the amount due and payable to the Board of Trustees, who shall levy the same as taxes and add such water rent and penalties for the succeeding tax roll. Such taxes shall be collected and enforced in the same manner and at the same time as provided for in the collection and enforcement of the Village taxes, and it shall be the duty of the Village Clerk to charge and collect interest thereon at the same rate specified for the collection of Village taxes. Such water rents shall constitute a lien upon the real property served and such lien shall be prior and superior to every other lien or claim, except the lien of an existing tax, assessment or other lawful charge.

§ 109-12 Collection of fines and penalties.

All fines and penalties imposed under these provisions for infractions of the rules in connection with the consumption or use of water shall become a lien upon the real property where such violation occurs. In all other cases, a fine, penalty or rent shall be collected by an action in the name of the Village of Hancock, in a court having jurisdiction of the subject matter.