Village of Fort Plain, NY
Montgomery County
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Table of Contents
Table of Contents
[Adopted by the Board of Trustees of the Village of Fort Plain 11-2-2010 by L.L. No. 2-2010. Amendments noted where applicable.]
A. 
Use of meter. Except as authorized by the Village, the sale of water to customers shall be through a metered connection to the Village system. No person shall take water or permit water to be taken from the Village's water distribution system other than through a metered service or as permitted through a metered supply point, except as authorized by the Village. No person shall accept water knowing that the water consumption has not been properly registered on a meter.
B. 
Construction. When application is made for a water connection for construction purposes, the Village shall install an approved water meter for such purpose. The user will pay the Village fees for labor and materials and water used.
C. 
No resale. Water supplied by the Village to any water system or structure is for use of such system or structure by the owners or occupants thereof. Except as authorized by the Village, the resale, delivery, transmission or supplying of such water to other persons, structures, water services or water systems is forbidden. In the case of noncompliance, the Village is authorized to shut off the system or structure from the Village water mains.
D. 
Emergencies. The Village may shut off the water supply through the water mains of the Village in cases of water main breaks or due to operational requirements or emergencies. When practicable, notice of a shutoff will be given in advance. However, even when notice is not given, neither the Village nor its employees shall be liable for any damage that may occur as a result of a shutoff.
E. 
Conservation. The Village shall have the authority to promulgate rules restricting the use of Village water in the case of a drought, water shortage or other water emergency. These water shortage rules shall become effective through an emergency proclamation by the Mayor. It shall be the responsibility of the customer to cooperate and comply with Village instructions.
The Village, by its Water Department, its agents and employees, has the right to free access, at all reasonable hours, to the structure where Village water is being used to inspect the adequacy of the system installation and condition; to make tests of the pressure and quality of the water supply; to read, service, install and remove water meters; to inspect for illegal connections and cross-connections; and to enforce the provisions of this chapter.
A. 
Except as otherwise prescribed herein or in the Village water rules and regulations, consumption charges shall be based on metered consumption, as determined by periodic meter readings taken by the Water Department.
B. 
If a meter reader cannot gain access to the meter for a scheduled reading or reliable meter data is otherwise unavailable, a calculated bill may be escalated by up to 10% beyond past consumption to cover variations. The account shall be adjusted in accordance with subsequent meter readings as necessary to more accurately reflect actual consumption. No change shall be required if the calculated billing is consistent with an average of subsequent meter readings with seasonal adjustments.
C. 
If a meter or meters shall fail to correctly register the quantities of water flowing through it, such amount shall be determined by taking the average of the 12 preceding readings of such meter or meters adjusted for seasonal variations. Where insufficient valid readings are available, such estimate may be based on the largest possible number of valid readings taken preceding or subsequent to such incorrect or stopped registration.
A. 
The Village shall issue periodic bills for water consumption on all active services.
B. 
Water rates. Rates shall be as established by the Village Board from time to time by resolution and as set forth in the Village water rules and regulations.
A. 
The owners of all structures served by connection to a Village water supply shall be liable for payment of the water bill notwithstanding the failure to receive a bill or any agreement between such owner and any tenant, lessee or occupant. Any delinquent charges shall be a lien on the real property on which such meter or meters are located.
B. 
Customer vacating structure. When a customer vacates a structure served by the Village water system, the customer or owner shall give notice to the Village specifying the date of such vacancy, and the owner of the structure shall be liable for all water and service provided until such notice is given.
A. 
Requests for adjustments. The Village Board shall hear and consider complaints by any property owner or occupant who desires to contest a water bill. The Village Board should determine whether an adjustment shall be made in the bill.
B. 
Claims and allowances.
(1) 
In all cases where any rebate or allowance is claimed, the claim therefore shall be made to the Village Board in writing.
(2) 
The Village is prohibited by the Constitution of the State of New York from giving public funds to private parties based upon the sense of justice or kindness of its officers and may only settle, compromise and pay claims which are enforceable against it and are not the primary liability of another party.
(3) 
The Village is not an insurer and will not allow payment of claims by the Village unless negligence of the Village is proved. Claims must be presented to the Village, in writing, within 90 days of the occurrence or within 30 days subsequent to the billing date.
(4) 
Such claims shall be:
(a) 
Reduced by any proportion that the negligence or actions of the claimant contributed to the damage or loss.
(b) 
Disallowed if it is covered by a contract of insurance.
(c) 
Disallowed if it is not presented in writing within the period of time allowed by applicable statutes.
(5) 
No rebate will be granted for water lost for any reason whatsoever on the customer's side of a meter.
(6) 
No rebate for unoccupied structures will be allowed unless the water is shut off at the curb, by a Village Water Department representative and then only from the time the Village is notified.
(7) 
No rebate will be made when the charges results from the failure on the part of the owner or consumer to comply with the village laws or water supply rules and regulations or the failure to promptly repair any broken or defective building fixture or service pipe.
(8) 
No rebate or allowance on any bill sent out by the Village shall be made by the Village Treasurer, except as approved by the Village Board.
Each fee and user charge levied pursuant to this chapter is hereby made a lien on the structure and, if the same is not paid within 30 days after it shall be due and payable, it shall be certified to the Treasurer of the Village, who if still unpaid shall place the same on the real property tax bill for that year with interest and penalties allowed by law and shall be collected as other village taxes are collected.
A. 
General rules. Water service may be discontinued by the Village for any of the following reasons:
(1) 
Use of water other than for normal and customary household consumption or as otherwise represented in the customer's application for service.
(2) 
Willful or negligent waste of water through improper and imperfect pipes, or by any other means.
(3) 
Damaging or molesting any main, service line, seal, meter or any other property or installation of the Village.
(4) 
Nonpayment of bills for water or services rendered by the Village as set forth herein.
(5) 
Cross-connecting pipes carrying water supplied by the Village with any other source of supply, or with any apparatus which may endanger the quality of the Village's water supply without proper devices and prior approval.
(6) 
Refusal of reasonable access to the property for the purposes of reading, repairing, testing or removing meters or inspecting water piping and other fixtures.
(7) 
For violation of the rules of the Village as set forth in its rules and regulations.
(8) 
For failure to repair leaking service lines after notice.
B. 
Those water customers who, 30 days after bills delivered for services rendered as prescribed herein and at the rates concurrent with the services rendered, have not paid their bills shall be deemed to be delinquent and the service to their structure may be discontinued after due notice to the owner and residents. Such service shall not be restored until proper settlement of the delinquent customer's account has been made, together with any additional costs which might have been incurred by the Village in the discontinuing or restoring of the delinquent user's service, including but not necessarily limited to a restoration fee as established by the Village Board from time to time by resolution and as set forth in the Village water rules and regulations. The payment for such delinquent bills for water or services and the restoration fee must be paid by cash, money order or bank officer's check. No personal checks will be accepted.
C. 
Shutoff notice.
(1) 
A notice shall be mailed by first class mail to the owner of the structure at the owner's last known address, to any tenants actually occupying the premises to the address of the premises and such notice shall be posted in at least one conspicuous place on the structure. At the option of the Village such notice may be made by certified mail return receipt requested or by personal delivery to the owner or occupant.
(2) 
Each shutoff notice shall state that service will be shut off unless all delinquent water and sewer bills are paid and shall state that a hearing may be had by the owner or any tenant to contest the validity of the charges in question or to show an error in the statement of the delinquency.
(3) 
Such notice shall indicate the proposed date of the shutoff and also give the name and address of the Village Clerk who may be contacted to request a hearing. The notice shall state that unless a written request for a hearing is made within 10 days after the mailing and posting of the notice, the hearing shall be deemed waived.
D. 
Shutoff hearing.
(1) 
If no hearing is requested by the deadline stated in the notice, then the Village may proceed to terminate service.
(2) 
If the termination of service will endanger the health and welfare of persons unable to care for themselves, the matter will be referred to the appropriate public agency for resolution before service is terminated.
(3) 
If a hearing is requested on or before the deadline date by an owner or tenant of the structure, a hearing shall be schedule before the Village Board. The applicant may present at the hearing any information, testimony or documentation by which to support the claim.
(4) 
Minutes shall be kept of the hearing. The Village Board shall decide whether any error was made in the water or sewer billing and whether service shall be discontinued. The Village Board shall make a report which substantiates its decision. A notice of the decision and the report shall be mailed to the applicant. If the decision is to terminate service, the notice shall state the termination date, which shall not be less than 10 days after the mailing of the decision notice.
E. 
Resumption of service.
(1) 
No service shall be commenced to a structure on which there are unpaid village taxes, penalties or assessments, nor to one which is owned by an individual or corporation with water, sewer or other municipal charges outstanding.
(2) 
If and when all delinquent bills are paid, the water service shall be turned back on by the Village. A service turn-on fee shall be charged in a an amount as set forth in the Village water rates and rules on file at the Village Office. Said service turn-on fee must be paid in advance.