[HISTORY: Adopted by the Board of Trustees of the Village of Groton as indicated in article histories. Amendments noted where applicable.]
Sewers — See Ch. 165.
[Adopted 4-26-1926 as Sec. 20 of Ch. II of the 1926 Code of Ordinances]
[Amended 8-16-1937; 10-20-1958; 12-10-1990 by L.L. No. 2-1990]
Any person, firm or corporation violating any of the provisions of the rules and regulations established and adopted by the Board of Water Commissioners of the Village of Groton for the protection, use and control of the public water supply system in said Village of Groton shall, after due notification of such violation and demand made for the abatement thereof within 24 hours and refusal or neglect to comply with such notice and demand within such period of 24 hours, be punishable as provided in Chapter 1, General Provisions, Article III, Penalties for Offenses.
[Adopted 7-20-1970 as Ch. XIII of the 1926 Code of Ordinances]
As used in this article, the following terms shall have the meanings indicated:
- MUNICIPAL WATER SYSTEM (ALSO REFERRED TO HEREIN AS "WATER SYSTEM")
- The water system owned and operated by the Village of Groton and shall include all reservoirs, pipes and all other appurtenances which are used or useful in whole or in part for the collection, impounding or distribution of water.
- WATER RENT
- The rent, rate or charge imposed or levied by the Village of Groton, New York, for the use of water through the municipal water system.
All revenues imposed hereunder, together with all interest and penalties thereon, shall be kept in a separate fund to be known as the "Water Rent Fund" to be used for the service rendered by the municipal water system and for the construction, operation, maintenance and repair of said system.
For the use of water and for the purposes hereinbefore set forth, there is hereby established the scale of water rents as set forth in § 193-15, Water rates.
[Amended 4-20-1987 by L.L. No. 4-1987; 12-10-1990 by L.L. No. 2-1990]
All charges for water rents shall be due and payable at the office of the Village Clerk or at such other place as may be designated from time to time by the Board of Trustees. Charges for water rents or water services shall be net charges and shall be due and payable in accordance with § 193-15, Water rents.
The Village Clerk or other person authorized by the Board of Trustees shall keep a record of all owners of real property within the Village of Groton, and bills shall be mailed to the owners of such property at the same address to which village tax bills are mailed, unless the owner of the property shall direct the village, in writing, on forms which can be obtained from the Village Clerk's office, to mail such bills to him or to his agent at any other address. The failure of any owner or other user to receive a bill shall not excuse nonpayment thereof nor shall it operate as a waiver of the penalty herein prescribed. Notwithstanding any other provision in this article, all water rents or other charges relating to water service shall be a charge against the owner of the premises connected with the municipal water system, and such owner shall be liable for the payment of all such rents and charges, including penalties and interest.
If rents or charges are not paid within 60 days from the date on which they are due, the Board of Trustees may cause a notice to be delivered or mailed to the owner or to any other person designated by the owner, addressed to the address to which bills are to be sent, and to the occupant of the premises, addressed at the premises, stating the amount due and demanding payment thereof within a period of at least 10 days of the date of the notice and stating that if such payment is not made, the water service shall be discontinued without further notice, and, at the expiration of such period, the Board of Trustees or the duly designated employees or officers of the village may enter on said premises and cause the water service to be disconnected and discontinued. A charge of $25 will be made for discontinuing and $25 for reconnecting each of such services on account of nonpayment of water rents or other charges, the collection of which charge or charges shall be made and shall be enforceable in the same manner as water rents.
A separate charge shall be made and a separate bill shall be rendered for each water meter when there is more than one such meter on any one property or structure. Each unit for which there is a separate water meter shall be deemed to be a separate service account and will be billed separately even if there is but one water connection with the structure or property in which said unit is located.
The use of the water system shall be based on readings of water meters.
All water meters shall be of a kind and size to be specified by the Village. The Village shall furnish, install and own a water meter for all size services up to and including a one-inch service. For meters for services of over one inch, the consumer shall apply to the Village for a permit to install such meter, and such meter shall be installed at the expense of the owner, either by the Village or pursuant to directions and regulations of the Village; such meters shall be the property of the consumer. The Village of Groton will maintain and repair meters for all size services, up to and including one-inch service, at no expense to the consumer. The cost of repairs to a meter for service of over one inch shall be borne by the consumer.
Notwithstanding any other provision of this article, it shall be the responsibility of the owner of the property to protect meters from damage due to vandalism, freezing or other cause. The owner of the property shall be liable for the cost incurred by the village in repairing any meters damaged as aforesaid.
Meters shall generally be installed at such points as approved by the village. Where meters are installed at a point other than in a building, the owner will be required to construct at his expense a suitable meter pit in accordance with the rules and regulations which may be adopted by the Board of Trustees or by the Board of Water Commissioners. Meters in trailers shall be installed only in enclosures as shall be directed by either the Board of Trustees of the Board of Water Commissioners.
All rents, water rents and other charges for water service hereunder, together with the amount of any penalties described, which shall remain unpaid for a period of more than 60 days from the due date shall be a lien on the real property upon which or in connection with which the water is used. The priority of such lien and the enforcement of such lien and the collection of such water rents or other charges for water services shall be in accordance with the statutes pertaining to such collection and enforcement.
The Board of Trustees may bring an action as upon a contract to collect water rents in arrears, including any penalties and interest which may from time to time be adopted, from any owner or occupant served by the water system or from any other user of said system.
Any costs and expenses or other charges incurred by the village because of any repair or other work to the water system or otherwise for which the owner of any property served by or connected with the water system is obligated under this article or any other ordinance, statute or provision of law shall be collected in the manner provided for the collection of water rents in this article and shall be a lien upon the property and enforceable in accordance with the provisions of this article or any other applicable provision of law.
Any duly authorized officer, employee, contractor or agent of the village or other person duly authorized by the village shall be permitted to enter on any property at reasonable hours for the purpose of reading meters, inspecting, disconnecting, repairing or for any other purposes reasonably necessary to carry out the provisions or purposes of this article.
[Amended 10-15-2007 by L.L. No. 4-2007; 4-16-2012 by L.L. No. 3-2012; 4-15-2013 by L.L. No. 3-2013; 4-16-2018 by L.L. No. 3-2018]
The rates established by this chapter shall be effective for water consumed for the period beginning May 1, 2018.
No person, association, corporation or any other groups of persons shall connect with or use the village water system without applying for and obtaining a permit from the Village Clerk or other person designated by the Board of Water Commissioners. Any tampering with or removal of any water meter or other appurtenance owned by the village without a permit obtained from the Village Clerk or other person designated by the Board of Water Commissioners is prohibited.
The Board of Water Commissioners shall, from time to time, set a fee to be collected upon application for a permit to connect to the water system; provided, however, that if, in the case of a particular connection, the Board of Water Commissioners shall determine that such standardized fee shall not be sufficient to cover the actual costs to the village of making or permitting such connection to the water system, the permit fee for such particular connection may be determined based upon actual costs to the village relating to such connection.
[Added 12-10-1990 by L.L. No. 2-1990]
Repair of frozen services shall be made at the expense of the owner of the property.
[Amended 12-10-1990 by L.L. No. 2-1990]
[Last amended 4-15-2013 by L.L. No. 3-2013; 4-16-2018 by L.L. No. 3-2018]
General consumer rates.
If no meters can be installed for any consumer, then the premises may be connected to the municipal water supply system, but the rate charge shall be the average amount paid by owners or users of a representative number of structures of comparable size, water use or occupancy, with a minimum charge of $35 or any minimum charge hereafter established, whichever is the larger amount, or such rate charge shall be determined no such other reasonable basis as may be determined by the Village Board of Water Commissioners. No connections shall be permitted until the method of determining the rate and the amount thereof shall have been determine or provided for.
If the Village, for whatever reason, is unable to obtain a meter reading for billing for any quarter, the Village reserves the right to render an estimated bill, based on account history or such other basis reasonably determined by the Village Board of Water Commissioners to fairly estimate the amount of the quarterly water usage by customers.
Meters are read bimonthly. The present reading dates are in the months of January, March, May, July, September and November. For all consumers, both general and industrial, water bills shall be due and payable on the due date designated on the bill. If a water bill is not paid on or prior to its due date, a late payment penalty in the amount of 10% of the amount of the bill will be added to and become a part of the amount due.
Only upon permission of the Village Board of Water Commissioners (Water Department) or its agent, water may be used on a temporary basis from a hydrant for such period and on such terms and conditions as shall be established by the Board of Water Commissioners.
In any event, a flat fee of $100 shall be charged for each permitted use, payable in advance.
Consumers outside the Village. The rate for general and/or industrial users shall be equal to two times the rates established for general and industrial Village consumers respectively.
Editor’s Note: This local law also provided that the revised water rates be effective on and after May 1, 2013.