[HISTORY: Adopted by the Town Board of the
Town of Avon as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Building construction — See Ch. 39.
Housing standards — See Ch.
71.
[Adopted 5-19-1976 by Ord. No. 76-1as Appendix 1 of the 1976 Code]
[Amended 3-11-1993 by L.L. No. 3-1993; 6-11-2020 by L.L. No. 1-2020]
A.
All water service connections between the mains of
any water district in the Town and the property curb cock, including
the tapping of the water main and the installation of the curb cock,
shall be made by the Town of Avon Water Department at the expense
of the property owner involved or the person or corporation requesting
such service connection.
B.
Any and all repairs of the service line between the
district mains up to and including the curb cock are to be made by
the Town of Avon Water Department at the expense of the property owner
or the person or corporation requesting such repair or repairs.
C.
The service charges for water service connections and repairs, set forth in Subsections A and B above, shall be paid by the property owner or the person or corporation requesting such service connection or repairs within 30 days after being billed therefor by the Town Water Clerk or other authorized agent. If not so paid, a statement thereof showing the name of the property owner and the amount unpaid and containing a brief description of the real property shall be transmitted to the Board of Supervisors of the county, and such amount shall be levied and collected as an assessment against the real property all in the manner provided in §A138-8B, hereinbelow, in the case of unpaid water rentals.
D.
The property
owner or the person, firm or corporation wishing to discontinue use
of water or to settle an account due to the sale of property must
notify and settle payment with the Town Water Clerk.
E.
The Town
has the right to shut off water for the purpose of repairing the main
or any other emergency, without notice to property owner or the person,
firm or corporation.
G.
No person
shall deface, injure, disturb or interfere with any machinery, pumps,
buildings, standpipe, mains, hydrants, gates, valves, curb cocks,
curb boxes, or any part of the water system; no person shall deposit
any sticks, stones, dirt or any other substance whatsoever in any
hydrants; no person shall perform any act by which any fire hydrant
shall be covered or hidden by snow, ice, lumber, brick, stone, earth,
ashes, or any other substance or material whereby any fire hydrant
shall be rendered difficult to access or operate; and no person shall
tie any animal to any fire hydrant; nor shall any unauthorized person
open or interfere with the hydrants, valves or other fixtures, of
the system for any purpose other than for extinguishing fires or testing
fire apparatus, except by permission of persons authorized by the
Water Department.
]Amended 6-11-2020 by L.L. No. 1-2020]
No water service lines shall be connected to
any property curb cock to run therefrom to any buildings on the property
without first obtaining a permit therefor from the Town Water Clerk
or other authorized agent of the district. The permit is issued upon
the completion and submission of the Town of Avon Standard Water Service
Application, which is available online at www.avon-nv.org, and the
fee is determined by type of road and size of service. Upon issuance,
the signed permit is a contract agreeing to the use of water according
to provisions and regulations of the Town Code. Such permit must be
paid in full and connection made thereto within 30 days.
[Amended 3-11-1993 by L.L. No. 3-1993; 6-11-2020 by L.L. No. 1-2020]
A.
Only Type
K copper tubing or plastic SDR-9 tubing shall be used for water service
lines between the curb cock and the meter. The meter is to be placed
just inside the structure wall or in an approved meter pit. If other
types of service lines are used between the curb cock and the meter,
the property owner or the person installing such different line shall
be required, at his/her own cost and expense, to install at the curb
cock a meter pit of sufficient size to permit the installation of
a water meter, such pit to be approved as to size and sufficiency
by the Superintendent of the water district. Only Ford/Mueller meter
pits are acceptable and must be correct size for meter. The Town Water
Department has the right to have a meter pit installed.
B.
All service
lines are to be installed directly from curb cock to meter and shall
not be installed until after service and curb cock are installed.
Before any water line trench containing the service line for the property
shall be backfilled, the service line shall be inspected and approved
by the Superintendent of the water district or other authorized official.
All service pipes shall be placed at a depth of at least four feet
during their entire length. The Town is not responsible for any line
installation or repair beyond the curb cock.
[Amended 3-11-1993 by L.L. No. 3-1993; 6-11-2020 by L.L. No. 1-2020]
A.
All water meters under one inch will be supplied
by the Town of Avon Water Department at no extra cost. All water meters
over one inch shall be purchased from the Town of Avon Water Department
or the Town Water Clerk or other authorized agent of the district.
The property owner or the person, firm or corporation purchasing the
water meter shall pay therefor, at the time of delivery, the cost
of such meter to the district, plus its proportionate share of the
shipping charges, together with the cost of installing the same, which
installation shall be made by the Town of Avon Water Department or
its authorized agent.
B.
The property owner or person, firm or corporation
shall provide for its installation a suitable location inside the
structure wall or in a meter pit approved by the Town of Avon Water
Department.
C.
The cost of checking, repairing and maintaining the
meter, as well as the service line, shall be at the expense of the
property owner or the person, firm, or corporation having the custody
of the meter or the control of the property, and such checking and
repairs shall be made only by Town of Avon Water Department or other
authorized official.
D.
If the
Town of Avon Water Department or other authorized official suspects
that the water meter is not functioning properly, the meter may be
removed and replaced at the sole discretion of the Water Department.
If the consumer suspects the water meter is not functioning properly,
the meter will be tested through the Town of Avon, upon notification
to the Town of Avon Water Department by the consumer. If the meter
is found to be accurate then the consumer will pay for said meter
testing and if meter is found to be off by 4% or more, then the Town
Board will determine reimbursement costs.
E.
Any leaks
between the curb cock and the water meter must be immediately repaired
by the property owner or the person, firm or corporation once discovered.
F.
No person
shall break or deface the seal of any water meter or remove, alter,
obstruct, injure or prevent the action of any water meter. Any damage
which may be sustained to a meter resulting from carelessness of the
owner of the premises, tenant or agent of the owner shall be paid
for to the Town of Avon Water Department on demand.
[Amended 6-11-2020 by L.L. No. 1-2020]
Any member of the Town of Avon Water Department
or a duly authorized agent thereof may at any time enter a building
or upon premises where a water line is installed from supply pipes
connected to the district's system for the purpose of examining such
water lines and water meters and the manner of installation thereof
and for compliance generally with these rules and regulations.
[Amended 3-11-1993 by L.L. No. 3-1993; 6-11-2020 by L.L. No. 1-2020]
A.
Water
rates and penalties shall be as set forth from time to time by the
Town Board.
B.
Water
meters are to be read four times a year (January, April, July, and
October). If water bill is not paid within 30 days of date invoiced
then a 10% late fee will be applied.
C.
Each water
shutoff/turn-on at curb cock shall incur a charge of $32.50 per event
during working days/hours (Monday through Thursday, 6:00 a.m. to 4:30
p.m.) or $100 per event during non-working days/hours.
D.
Refusal
for radio read meter exchange/installation by the property owner or
person, firm or corporation will result in a $10 manual reading fee
added to the property owner's or person's water bill each quarter.
If the water charges as provided by § A138-6 above or as hereafter modified are not paid within 60 days from the date due, the supply of water to the property is to be cut off at the district main at the expense of the property owner, and if all such charges then due are not paid prior to the first day of November following, the same are to be levied and collected as an assessment against the real property in the same manner as provided below by § A138-8B for other water and service charges. In the event that the water supply is cut off as herein provided, the same may not be reinstalled until all charges for water, service connections or disconnections are paid in full.
A.
The water charges or rates as fixed by § A138-6 above or as hereafter modified shall be a lien upon the property upon which or in connection with which water is used or a water service line is installed.
B.
The Town Clerk, annually, not later than November
1 in each year, shall file with the Town Board statements showing
the unpaid water charges which have not appeared on any statement
previously filed. Such statement shall contain a brief description
of the property upon which the water was used, the names of the persons
or corporations liable to pay for the same and the amount chargeable
to each. The Supervisor of the Town shall transmit such statements
to the Board of Supervisors of the county at its next regular meeting.
The Board of Supervisors shall levy such sums against the property
liable and shall state the amount of the tax in a separate column
in the annual tax rolls of the Town under the name of "Water Rents,"
such tax to be paid to the Supervisor.
All provisions of the existing tax laws of the
State of New York covering enforcement and collection of unpaid taxes
or assessments for special improvements shall apply to the collection
of unpaid water service charges, connections and disconnections and
water rents.
Unlawful use of water by failure to install
a meter provided by and purchased from the district or circumventing
or tampering with the same, in addition to the minimum charge provided
for unmetered property, is hereby declared to be a misdemeanor, in
conformity with the provisions of the Penal Law of the State of New
York applicable to such unlawful uses, punishable in accordance therewith.
[Amended 3-11-1993 by L.L. No. 3-1993]
The Town of Avon and the water districts shall
not be liable to any person, firm or corporation for anything whatsoever
because of the failure of the water supply of any district, which
is furnished by the Village of Avon to such district.
These rules and regulations shall take effect
10 days after the publishing and posting thereof, except that the
same shall take effect from the date of their service as against a
person, firm or corporation served personally with a copy thereof,
certified by the Town Clerk, under the corporate seal of the Town,
showing the date of passage and the entry in the minutes of the Town.
[Adopted 4-14-1994 by L.L. No. 1-1994]
The purpose of this article is:
A.
To protect the public potable water supply of the
Town of Avon, Livingston County, New York, from the possibility of
contamination by isolating within its customers' internal distribution
system(s) or its customers' private water system(s) such contaminations
or pollutants which could backflow into the public water system; and
B.
To comply with the requirements of the New York State
Sanitary Code Section 5-1.31.
The Town of Avon Water Superintendent shall
be responsible for the protection of the Town of Avon distribution
system from contamination due to the backflow of contaminants through
the water service connection. If in the judgment of said Superintendent
an acceptable backflow prevention device is required at the Town's
water service connection to any customer's premises for the safety
of the water system, the Superintendent or his designated agent shall
give notice in writing to said customer to install such an acceptable
backflow prevention device at each service connection to this premises.
The customer shall immediately install such approved device or devices
at his own expense, and failure, refusal or inability on the part
of the customer to install said device or devices immediately shall
constitute a ground for discontinuing water service to the premises
until such device or devices have been properly installed.
As used in this article, the following terms
shall have the meanings indicated:
An acceptable air gap reduced pressure zone device or double-check
valve assembly as used to contain potential contamination within a
facility. In order for the reduced pressure zone device or the double-check
valve assembly to be acceptable, it must be listed on the most current
version of the New York State Department of Health List of Acceptable
Devices.
One in which substances are present which if introduced into
the public water supply system could be a nuisance to other water
customers but would not adversely affect human health. Typical examples
of such substances are good-grade dyes, hot water, stagnant water
from fire lines in which no chemical additives are used, etc.
The unobstructed vertical distance through the free atmosphere
between the lowest opening from any pipe or faucet supplying water
to a tank, plumbing fixture or other device and the flood level rim
of said vessel. An approved air gap shall be at least double the diameter
of the supply pipe, measured vertically, above the top of the rim
of the vessel and in no case less than one inch.
Accepted by the Town of Avon Superintendent as meeting an
applicable specification stated or cited in this article or as suitable
for the proposed use.
Any water supply on or available to the premises other than
the Town of Avon's approved public water supply. These auxiliary waters
may include water from another purveyor's public potable water supply
or any natural source(s) such as a well, spring, river, stream, harbor,
etc., or used waters. These waters may be contaminated or they may
be objectionable and constitute an unacceptable water source over
which the water purveyor does not have sanitary control.
A flow condition, induced by a differential in pressure,
that causes the flow of water or other liquids and/or gases into the
distribution pipes of the Town of Avon supply system from any source
other than its intended source.
That individual or firm approved to accomplish the necessary
inspections and operational tests of backflow prevention devices.
The presence in water of a substance that tends to degrade
its quality.
A water user served by the supply system.
The piping used to convey water supplied by the Town of Avon
supply system throughout a customer's facility. The system shall include
all those parts of the piping beyond the control point of the Town
water systems. The control point is either the curb valve or the main
valve located in the public right-of-way that isolates the customer's
facilities from the Town distribution system.
Whether a facility is rated as hazardous, aesthetically objectionable
or nonhazardous.
An assembly composed of two single, independently acting,
check valves, including tightly closing shutoff valves located at
each end of the assembly and suitable connections for testing the
watertightness of each check valve.
One in which substances may be present which if introduced
into the public water system would or may endanger or have an adverse
effect on the health of other water customers. Typical examples are
laboratories, sewage treatment plants, chemical plants, hospitals
and mortuaries.
One which does not require the installation of an acceptable
backflow prevention device.
The entire Town of Avon water system, including the source,
treatment works, transmission mains, distribution system and storage
facilities servicing the public. This includes the distribution system
up to its connection with the customer's water system.
A device containing a minimum of two independently acting
check valves, together with an automatically operated pressure differential
relief valve located between the two check valves. During normal flow
and at the cessation of normal flow, the pressure between these two
checks leakage of either check valve; the differential relief valve,
by discharging to the atmosphere, shall operate to maintain the pressure.
The unit must include tightly closing shutoff valves located at each
end of the device, and each device shall be fitted with properly located
test cocks.
The Superintendent of Public Works of the Town of Avon.
A.
The customer's water system shall be open for inspection
at all reasonable times to authorized representatives of the Town
of Avon.
B.
The Superintendent and/or Town Engineer shall rate
a customer's water system according to its degree of hazard to the
public water supply system. Some of the factors to be considered are
the use availability of contaminants, the availability of an auxiliary
water supply and the type of fire-fighting system in use.
C.
An acceptable backflow prevention device shall be
installed on each service line to a customer's water system at or
near the property line or immediately inside the building being served,
but in all cases before the first branch line leading off the service
line as follows:
D.
The design of the installation of an acceptable backflow
prevention device must be prepared in accordance with New York State
laws and regulations. The design must be approved by the Superintendent
and all agencies required by the applicable New York State and Town
of Avon laws and regulations.
E.
It shall be the duty of the customer at any premises
where backflow prevention devices are installed to have certified
inspections and operational tests made at least once a year. In those
instances where the Superintendent deems the hazard to be great enough,
he may require certified inspections at more frequent intervals. Certified
inspections and operational tests must also be made when any backflow
prevention device is to be installed, repaired, overhauled or replaced,
in addition to the requirement of an annual certified inspection,
at the expense of the customer, and shall be performed by the device
manufacturer's representative and witnessed by the Town of Avon representative
or by a certified tester approved by the Town of Avon Superintendent.
The Town of Avon has addresses and telephone numbers of those persons
who are certified as testers for backflow prevention devices. It shall
be the duty of the Superintendent to see that certified inspection
and operation tests of the backflow prevention devices are made. The
customer shall notify the Superintendent, in advance, in writing,
when the tests are undertaken so that he or his representative may
witness the tests if it is so desired.
F.
All presently installed prevention devices which do not meet the requirements of this section but were approved devices for the purposes described herein at the time of installation and which have been properly maintained shall, except for the inspection and maintenance requirements under Subsection E, be excluded from the requirements of these rules so long as the Superintendent is assured that they will satisfactorily protect the utility system. Whenever the existing device is moved from the present location or requires more than minimum maintenance or constitutes a hazard to health, the unit may be replaced by a backflow prevention device meeting the requirements of this section.
G.
No water service connection to any customer's water
system shall be installed or maintained by the Town of Avon unless
the water supply is protected as required by state laws and regulations
and this article. Service of water to any premises shall be discontinued
by the Town of Avon Superintendent if a backflow prevention device
required by this article is not installed, tested and maintained or
if it is found that a backflow prevention device has been removed
or bypassed. Service will not be restored until such conditions or
defects are corrected.
A.
A violation of the provisions of § A138-16 of this article is a misdemeanor punishable by a fine not to exceed $1,000 for any one case, or by imprisonment for not more than one year, or both, to be recovered in an action or proceeding brought by the Attorney for the Town of Avon in a court of competent jurisdiction. Each day of a continuing violation shall be subject to a separate such fine, imprisonment or civil penalty.
[Amended 9-8-2005 by L.L. No. 3-2005]
B.
The Attorney for the Town of Avon may maintain an action or proceeding in the name of the Town of Avon in a court of competent jurisdiction to compel compliance with this article or restrain by injunction any violation of this article, notwithstanding the provisions of Subsection A hereof for a penalty or other punishment.
C.
Where any violation of this article causes expense
to the Town of Avon, such violation may also be punishable by a civil
suit against the violator, brought by the Attorney for the Town of
Avon in the name of the Town of Avon in a court of competent jurisdiction,
to recover such additional cost.
