[HISTORY: Adopted by the Board of Trustees of the Village of Minoa 9-3-1985 as Ch. 45 of the 1985 Code, as amended through L.L. No. 2-1986. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 51.
This chapter shall be known and may be cited as the "Water Service Law of the Village of Minoa, New York."
A. 
The Village has entered into a lease agreement with the Onondaga County Water Authority for the control, maintenance and operation of the Village water system. It is the intent of the Village of Minoa to continue to furnish an adequate supply of pure and wholesome water to the residences and business establishments in the Village and its immediate vicinity; and also to supply sufficient water with sufficient pressure in its water supply system to adequately protect the buildings in the Village from damage of destruction by fire and to permit the residents of the Village to have the protected rate of the fire rating organization on their fire insurance for both their buildings and personal property. The foregoing notwithstanding, the Village has deemed it in their best interest, and that of its residents, to repeal certain provisions of Chapter 151 relative to administration.
[Amended 1-17-2007 by L.L. No. 3-2007]
B. 
This chapter is therefore enacted in order that the water supply system may be properly maintained, improved and extended primarily for the benefit of the water users and taxpayers within the Village limits.
[Amended 3-20-2000 by L.L. No. 1-2000; 1-17-2007 by L.L. No. 3-2007]
This chapter shall be applicable to all property owners and water users within the Village of Minoa and all water users outside of the Village of Minoa which users receive water pursuant to the Onondaga County Water Authority lease agreement with the Village of Minoa.
[Amended 1-17-2007 by L.L. No. 3-2007]
For the purpose of carrying out the provisions of this chapter, the Customer Rules (Revised Rules adopted April 14, 1999 and any amendments thereof) are hereby incorporated as if fully set forth herein and enacted as laws of the Village pertaining to its Village water service as of the effective date hereof.
[1]
Editor's Note: Former §§ 151-5 through 151-8, 151-10, 151-11, 151-14 through 151-16, and 151-19 through 151-21, relative to water system administration, as amended, were repealed 1-17-2007 by L.L. No. 3-2007, given the Village’s lease agreement with the Onondaga County Water Authority. See § 151-2A.
The Village undertakes to use reasonable care and diligence to provide a constant supply of water through its mains to consumers, but reserves the right at any time without notice to shut off the water in its mains for the purpose of repairs or extensions, or for any other similar purpose, and the Village shall not be liable for the deficiency or failure in the supply of water for any cause whatsoever or for any damage caused thereby or by the bursting or breaking of any mains or service pipes or any accident to the waterworks, but it is the intention of the Village, when practicable, to give suitable notice of a shutting off to the consumer, and no deduction from water bills will be made in consequence thereof.
In case of making repairs or constructing any new work, the Board of Trustees reserves the right to shut off the water from any consumer without notice and keep it shut off as long as may be necessary.
The Village reserves the right to limit the amount of water furnished to any consumer when circumstances warrant that action, although no limit may be stated in the application or permit for such use, or the Village may entirely cut off the use for any manufacturing purpose or any use for supplying power at any time by giving reasonable notice to the consumer of that intended action.
No contractor shall take water from the Village without a builder's permit for every separate job. When any person desires to use the Village water on any premises for building purposes of any description, the owner of the premises must, before using Village water for such purpose, make a regular application at the Village Clerk's office for permission therefor and shall pay for the same at regular Village rates.
No person shall use the Village water for flushing sewers, settling earth in ditches or any similar purpose without permission from the Superintendent of Public Works and paying for the same in advance.
A. 
Stop valves, stopcocks or gate valves. It shall be unlawful for any person, unless duly authorized by the Village Board, to open, close, turn or interfere with any stop valve, stopcock or gate valve belonging to the Village.
[Amended 3-20-2000 by L.L. No. 1-2000]
B. 
Injury to Village water supply. The malicious, willful, careless or negligent destruction of or injury to any of the works or property in any way connected with the water supply of the Village is hereby prohibited.
C. 
Street mains. No person, except the Superintendent of Public Works or those acting under his or her direction, shall open or close any valve or gate in the street mains or molest or interfere with the same in any manner whatsoever.
D. 
Water laterals. No person, except the Superintendent of Public Works or those acting under his or her direction, shall add to or interfere with any connection or in any way interfere with the waterline between any curb cock and water meter.
[Amended 3-20-2000 by L.L. No. 1-2000]
A. 
Any person who violates any of the provisions of this chapter, other than nonpayment of water bills or charges, shall be guilty of a violation under the Penal Law; provided, however, that a person who violates § 151-22 shall be guilty of a misdemeanor. Upon conviction of the same, the person shall be subject to the fines, penalties and other provisions as provided in Chapter 113 of this Code.
B. 
In addition to, and separate and apart from, any other fine or penalty provision applicable hereunder, a person or contractor in violation of § 151-17 or who otherwise commences water service in violation of § 151-5 or 151-6 shall be liable for such penalties and expenses incidental to its violative conduct and estimated consumption as shall be established from time to time by resolution of the Village Board of the Village of Minoa.
[Added 9-27-2005 by L.L. No. 6-2005]
A. 
Notwithstanding any of the foregoing provisions of this chapter, except in case of emergency or hazard to public health, temporary interruption necessitated by repairs, extensions or maintenance operations, shortage of water or similar situations, no service shall be terminated by the Village without complying with the following procedures.
B. 
Upon the determination by the Superintendent of Public Works that a violation has occurred pursuant to this chapter or that a bill for services or other charges has become delinquent, the Village Clerk shall notify, in writing, the occupant or occupants of the affected premises, as well as the owner thereof, either personally or by certified mail, at the last known address of such persons, setting forth specifically the grounds for termination of service. Such notice shall be served at least 10 days prior to shutoff and shall contain a warning that, unless such person or persons shall cure the violation within 10 days, the service shall be terminated without further notice. If the violation is not cured or the bill for services not paid within that ten-day period, the Superintendent of Public Works shall terminate the water service. The service will not be restored until all violations are cured, all arrears, including penalties and interest, are paid and the fee referred to in § 151-15C is paid.
[Amended 3-20-2000 by L.L. No. 1-2000]
All water rents and charges and other sums payable under this chapter shall be a lien upon the real estate where the water is supplied. If the water rents or charges or other sums due under this chapter are not paid, the amount thereof, together with all interest and penalties thereon, shall be levied, enforced and collected in the same manner as general Village taxes.