This chapter shall be known and may be cited as the "Water Service
Law of the Village of Mount Morris, New York."
As used in this chapter, the following terms shall have the
meanings indicated:
UNIT
As defined in Unit Schedule No. 1.
VILLAGE
The Village of Mount Morris.
WATER MAIN
A water pipe in a public street or right-of-way, owned by
the Village and available for public use.
A. The Village shall endeavor to maintain an adequate supply of pure,
safe and wholesome water to the residences and commercial and industrial
establishments and shall also supply sufficient water within its water
supply system to adequately protect the buildings within the Village
for fire-fighting purposes and for providing favorable ratings by
fire-rating organizations for fire insurance for both the buildings
and personal property within the Village. The Village may also provide
water which is surplus to its needs, by contract or established rates,
to other users.
B. In order to assess the costs of providing these services, it is necessary
to account for all uses of the water so provided, by the use of meters
to the fullest extent that is practical.
C. This chapter is therefore enacted in order that the water supply
system be properly maintained, improved and extended, primarily for
the benefit of the water customers within the Village.
This chapter shall be applicable to all property owners and
water customers within the Village, and the terms of this chapter
shall be applicable to all water customers outside of the Village
as terms of a contract in accordance with which water is to be supplied
to such customers.
The owners of all houses, buildings or properties used for human
occupancy, employment, recreation or other purposes, located within
the Village and abutting on any street, alley or right-of-way in which
there is now located or may in the future be located a public water
main, are hereby required to be connected to the public water supply
or to connect to the water supply under the supervision of the Superintendent,
at their own expense, and in accordance with the provisions and regulations
of this chapter. Any exemption must be approved by the Board of Water
Commissioners and/or be deemed impractical or cost prohibitive.
A. The Board of Water Commissioners reserves to itself the right to
control or restrict the use of water or benefit of service in any
and all instances where the occasion warrants such restrictions.
B. No connection may be made to the water supply and distribution system
of the Village by or on behalf of the owner of any parcel of land
located outside of the Village which is, or could reasonably be made,
contiguous to the incorporated boundary line of the Village unless
and until such parcel of land has been annexed to the Village of Mount
Morris in the manner prescribed in Article 17 of the General Municipal
Law of the State of New York or any laws amending or supplementing
the same.
C. Such parcel of land defined above may connect to the Village water
supply and distribution system without annexing to the Village only
if:
(1) It is an undue hardship to connect directly to the Village water
supply and distribution system, such determination to be made solely
by the Board of Water Commissioners; and
(2) The parcel in question lies contiguous to an existing town water
district; and
(3) The owner(s) of said parcel have received the permission of both
the Board of Water Commissioners and the residents of said town water
district.
Applicants for service shall deliver, without cost to the Village,
permanent easements of rights-of-way when necessary for the installation
and maintenance of the service pipes and service connections. All
easements shall conform to Village requirements as established by
the Board of Water Commissioners, Superintendent or Village Engineer.
The Village shall not be obligated to accept a dedication until the
applicant has obtained a satisfactory easement for the right-of-way.
A. The rules and regulations set forth in this chapter and in accordance
with the Department of Health of the State of New York shall be considered
a part of the contract of any person, association, or corporation
that obtains water from the Village, and every such person shall be
considered as having expressed his or her consent to be bound thereby.
This is in compliance with Village Law § 11-1122, requiring
the Board of Water Commissioners to adopt rules, regulations and rates
to apply to all water customers of the Village. This chapter shall,
at all times, be subject to such changes and modifications by the
Department of Health of the State of New York as said Department may,
from time to time, direct in the exercise of its jurisdiction.
B. A separate and independent water service shall be provided for every
building, except that where one building stands at the rear of another
on an interior lot and no private water service is available or can
be constructed to the rear building through an adjoining alley, court,
yard or driveway, the service pipes from the front building may, and
only with the express written authorization from the Board of Water
Commissioners, be extended to the rear building.
C. The Board of Water Commissioners may maintain an action or proceedings
in the name of the Village in a court of competent jurisdiction to
compel compliance with or to restrain by injunction a violation of
this chapter.
Unless the property supplied with water is in compliance with Article
IV, Backflow Prevention Devices, of this chapter:
A. No pipe or fixture connected with the mains of the Village shall
also be connected with pipes or fixtures supplied with water from
any other source unless specifically approved by the New York State
Department of Health and the Board of Water Commissioners.
B. No plumbing fixture or device shall be installed which will provide
a cross-connection between the Village's water supply and a drainage
or sewage system so as to permit or make possible the backflow of
sewage or waste into the Village's water supply system, nor shall
any such plumbing fixture or device be installed which will provide
a possible cross-connection between the Village's water supply
system and any well, spring, cistern, river or other private source
of water supply.
C. No water will be furnished to any premises where any possibility
exists of the mingling of the water furnished by the Village with
water from any other source, nor will the Village permit its mains
or service pipes to be connected in any way to any piping, tank, vat
or other apparatus containing liquids, chemicals or any other water
which may flow back or have a cross-connection into the Village's
service pipes or mains or any other water facilities or units and
consequently endanger or adversely affect the water supply.
A. Any property owner wishing to install, replace, repair or enlarge
a water service connection must first make an application for a water
service permit to the Village Clerk's office and pay the appropriate
fees as published in the Village's schedule of rates, rents and
fees. If this work involves excavation within the public right-of-way, a street opening permit must also be obtained in accordance with Chapter
199, Article
VI, Street Openings, §
199-50, Permit and notice required. The Superintendent or the Village Clerk's office shall provide the requirements to comply with Dig Safely New York along with the street opening permit.
B. Outside of the incorporated boundaries of the Village, any property
owner wishing to connect to Village-owned water mains must first request
approval from the Board of Water Commissioners. See the map of Village-owned
water mains outside the Village (Schedule C).
C. The fees shall include a permit fee and a tapping fee. The costs
of reviewing the application and inspecting the final installation
are included in the permit fee.
D. The required written application to the Village shall include a sketch
showing the location and configuration of the proposed connection.
The application must state fully the several and various uses for
which the water is to be used. The application must be signed by the
owner or his or her duly authorized agent. If the Superintendent and/or
Code Enforcement Officer feel that the plans need to be reviewed by
the Village Engineer, the applicant shall be required to pay all expenses
associated with the review. Upon satisfactory completion of these
requirements, a permit to perform the work will be issued. Documents
will be kept on file in the Code Enforcement office.
E. Upon completion of the permitted work, and before the trenches are
backfilled, materials and workmanship shall be inspected by the Superintendent
and approved in writing. Water will not be supplied to the premises
until all of these requirements have been met. The curb valve controlling
the water flow into the premises shall be operated by Village personnel
or persons or firms employed or contracted by the Village, except
as otherwise approved by the Village.
A. Property owner to pay expenses. The property owner is responsible
for all expenses involved in the original installation of the entire
service connection from the water main into the premises served and
for the replacement of the entire service connection from the curb
valve into the premises, except where such replacement is for the
convenience of the property owner in order to increase the rate of
flow, increase the size, or change the material of the water line.
In such cases, the property owner is responsible for all expenses
of the entire replacement from the water main into the premises.
B. Connections at the water main. All taps, tees and connections into
any water main shall be done only by persons or firms employed or
contracted by the Village, except as otherwise approved by the Village.
C. After the trench has been properly dug to a depth of at least five
feet by the property owner and notice thereof given to the Superintendent,
the Village shall make the connection with the water main. The property
owner shall furnish for the service all service pipes and fittings
to and including the curb valve and tap. The Village shall furnish,
install, and maintain the proper meter. All material from the main
to and including the curb valve and the meter shall remain the property
of the Village.
D. Required depth. The water service pipe must be placed not less than
five feet below the surface of the ground along its entire length
from the water main to the inside face of the foundation of the building
which the service pipe will provide with water.
E. Material requirements. See §
226-58, Water system specifications.
A. Upon acceptance of a water service application by the Village, the
Superintendent shall locate the main nearest to the location of the
desired tap.
B. All excavating on private property and the public right-of-way shall
be the responsibility of the property owner. The property owner shall
contact the Superintendent and arrange a mutually agreeable date for
the excavating. The property owner is responsible for notifying Dig
Safely New York for a mark-out. The notice must be served at least
two but not more then 10 working days, not including the date of the
call, before the commencement date of the excavation.
C. The excavating, tapping and restoration of Village property shall
be overseen by the Superintendent. When the Superintendent is satisfied
that the job is properly completed, the Superintendent shall notify
the Village Clerk and the Code Enforcement Officer in writing. Documents
will be kept on file in the Code Enforcement Office.
D. Excavation in the public right-of-way and installation of the pipe
shall be the responsibility of the property owner. All backfilling
and necessary paving shall be completed no later than five working
days following final inspection of the work by the Superintendent.
Failure to complete the repairs to the right-of-way may result in
the work being completed by the Village and all costs charged back
to the property owner.
For excavations for the introduction of any water pipe or connection
under the authority of a street opening permit from the Village, the
property owner will be held responsible for the trench opened. Public
safety and conveniences shall be duly regarded and conserved by the
construction of such bridges across open trenches as may be required
to insure safety to the public. Lights, barricades and all such other
means of protection against accident must be provided.
The Village shall not be required to install any service connection
between November 15 and April 15, except by special arrangement, in
which case the customer shall pay for the excess over normal costs.
The fees for tapping the water main shall be in accordance with
the current fee schedule, published as a part of the rates, rents
and fees schedule.
A. The property owner is required to maintain the entire service pipe
downstream from the curb valve. If no valve was provided within the
vicinity of the curb, the property owner is then required to maintain
the service pipe from the valve at the water main. If the service
pipe does not provide a flow of water that is satisfactory to the
owner due to its size or deterioration, or if a change in material
is desired, the property owner is responsible for the cost of all
replacement required between the water main and the premises served
unless the change in material is required by federal or state mandate,
in which case the Village will provide the replacement of the portion
between the water main and the curb valve, inclusive, and the property
owner will be responsible for providing the replacement of the rest
of the service connection. If the service pipe should freeze, this
will be considered to be evidence that it was not installed at sufficient
depth and therefore must be remedied at the property owner's
expense. The service pipe must be maintained in such condition that
it can withstand normal activities such as vibration of the soil as
encountered in street use and maintenance, operation of valves, and
the replacement of meters.
B. The curb box shall be maintained by the property owner in such a
manner that the curb valve is readily accessible. The curb box shall
be flush with ground, straight over the curb valve, have a tight cover
and not be full of dirt, stones, sticks or other interferences. If
the curb box is not in good working order, the property owner will
be notified of the defective curb box and sent a notice to have it
repaired within 30 days of said notice. If the work is not completed,
it shall be put in working order by the Village at the property owner's
expense. All work on private property will be performed in compliance
with Village Law § 11-1112, Subdivision 2. The Village is
authorized to require property owners to repair service pipes on the
owner's property. Where the owner or occupant refuses such direction,
the Village may go in and make the repair and assess the cost back
against the property involved.
C. All such repairs shall be done under the inspection and direction
of the Superintendent.
A. For all work performed by Village employees and materials used at
a property owner's expense, the time will be calculated in one-hour
increments. Yearly, the Village Clerk's office will calculate
a rate based on the average MEO fully burdened hourly rate and provide
the information to the Board of Water Commissioners at the reorganization
meeting. The Board of Water Commissioners will accept the rate and
amend the hourly rate in the published schedule of rates, rents and
fees. If the work is performed by an authorized agent of the
Village, the charge will be 100% of the contracted rate. Materials
used will be charged at the actual cost. All additional charges will
be added to the property owner's next bill.
B. For water accounts where the property owner has requested the discontinuance
of service, the property owner is still obligated to contribute to
the cost of maintaining the water system infrastructure. The fees
for availability of service shall be in accordance with the current
fee schedule, published as a part of the rates, rents and fees schedule.
In case a property or other building is to be closed or become vacant, notice thereof shall be given to the Village Clerk's office in order that the meter may be read and the curb valve closed following the procedure in §
226-24, Temporary discontinuance of use. Where such notice is not given and pipes burst from freezing or other cause, the value of the water lost based on pipe diameter and available pressure, as well as damages to metering equipment as determined by the Superintendent, together with the additional sum defined in §
226-17, Fees for service, to cover labor and expense to the Water Department, shall be billed and must be paid within 30 days. Regardless of water usage, minimum quarterly bills will continue to be assessed due to availability of service.
A. The Village endeavors to use reasonable care and diligence to maintain
continuous water supply throughout its distribution system, 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.
B. The Village shall not be liable for any damage or loss of any kind
to property or persons which may arise from 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 caused by any change, either increase or decrease, in pressure
of water supplies or any accident to the waterworks, but it is the
intention of the Village, when practicable, to give suitable notice
of such shutting off to the consumer, and no deduction from the water
bill will be made in consequence thereof.
C. The Village strongly recommends that property owners who may be concerned
about the incoming water pressure install, at their own expense, a
pressure-regulating device.
A. The water supply to a property may be shut off by the Board of Water
Commissioners, and the account closed, when any of the following conditions
have not been corrected after notification:
(1) Leaking or defective service pipe.
(2) Improper or deteriorated piping at the water meter.
(3) Consumption of water not properly registering on a meter.
(4) No safe access to the water meter.
(5) Refusal to allow access to the meter for reading at least once a
year, at an agreed-upon time, even though remote reading facilities
may be installed.
(6) Refusal to allow access to the meter for servicing.
(7) Refusal to allow access for any routine or emergency purpose.
(8) Failure to comply with cross-connection and backflow regulations.
(9) Failure to pay rates, rents and fees by their due dates.
B. By order of the Superintendent, an immediate shutoff, without prior
notice, may be made in the event that:
(1) A leak is creating a dangerous condition, such as ice, flooding or
undermining, or when a backflow of contaminants into the Village water
supply exists. The shutoff will continue until the condition is corrected.
(2) Leaks not considered to be a dangerous condition are not repaired
36 hours after receipt of written notice.
(3) The water supply is servicing a vacant structure.
A. It is understood and agreed that the Superintendent or any other
employee of the Village so authorized may enter the premises of any
customer at any reasonable time to examine the pipes and fixtures,
the quantity of water used and the manner of its use.
B. In case of fraudulent representation on the part of any consumer
or unnecessary waste of water, the water supply may be shut off.
No submetering of water shall be allowed unless permissible
by contract.
A. The property owner shall notify the Village promptly of any leak,
defect or damage affecting the service pipe between the curb stop
and the point where metered.
B. The owner of the premises to which water is supplied shall be chargeable
with all water taken from the Village mains, and if leaks occur in
the service lines between the curb valve and the meter, the Village
may estimate the amount of the water lost by such leaks and charge
the same to the owner of the premises.
A. Buildings with multiple meters. Any building with more than one meter
may not lock out meters not being used to avoid paying the base charge.
B. Any property owner wishing to temporarily discontinue the use of
the water supply must complete a Temporary Discontinuance of Use of
Water Form. It is understood and agreed that failure to give written
notice to have service discontinued will make the owner of the property
liable for all water-related charges against said premises, and such
form must be actually delivered to the office of the Village Clerk.
Regardless of water usage, minimum quarterly bills will continue to
be assessed due to availability of service. A turn-off fee will be
charged in accordance with the published schedule of rates, rents
and fees. However, such request cannot be honored without a prior
notice to the tenants of at least two weeks, if, by so doing, the
premises would be rendered uninhabitable and in violation of the building
code. The property owner shall supply a notarized statement stating
all tenants have been notified and the property will be uninhabited
prior to the shutoff date. Such statement would not be required for
shutoffs for short periods as needed for repairs. The Temporary Discontinuance
of Use of Water Form, along with all notarized statements, will be
kept on file in the Clerk's office.
A. If the service is turned off during the billing period, the reduced
period will be billed as if it were a full billing period unless it
is less than 30 days from the last reading date. In this case, and
if the reading is the same at the time of turnoff as it was on the
last reading date, a bill will be sent for the availability-of-service
charge and the turnoff charge. Should there be consumption less than
3,000 gallons at the time of turnoff, a minimum bill and a turnoff
charge will be sent. If the reading at the time of turnoff is higher
than 3,000 gallons, a bill for the consumption, a minimum charge and
the turnoff charge will be sent. Any customer may reinstate a water
service by completing a Reinstate a Water Service Form, and such form
must be actually delivered to the office of the Village Clerk.
B. If the service is turned on during the billing period, the reduced
period will be billed as if it were a full billing period unless it
is less than 30 days to the next reading date. In this case, the initial
reading at the time of turn-on will act as the prior reading for the
following billing period, and no bills will be sent for the thirty-day
period, except for the availability of service charge and the turn-on
charge.
When the supply of water to a property is turned back on by the Village after being turned off, either at the request of the property owner or from a Village-mandated water shutoff for any of the reasons enumerated in §
226-20, Water shutoff, a turn-on fee or a reinstatement of closed-accounts fee will be charged in accordance with the published schedule of rates, rents and fees. The owner of the property or his or her authorized representative
shall be present when service is restored to assure that there are
no leaks or breaks in the property's interior water lines.
No person shall take water from the Village water system without
a builders 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 such premises or his or her agent having
such premises in charge must, before using Village water for such
purpose, make an application at the office of the Village Clerk for
permission therefor and shall pay for the same in accordance with
the published schedule of rates, rents and fees.
No person shall use the Village water for flushing sewers, settling
earth in ditches or any similar purpose without permission from the
Superintendent and paying for the same in advance.
No person shall tamper with or operate any valve in the public
water system which is located within the public streets or rights-of-way
except under the direction of the Superintendent, and no person shall
tamper with or operate any fire hydrant within the public streets
or rights-of-way except under the direction of the Superintendent
or a representative of the Fire Department.
A. Purpose. It is the obligation of the Board of Water Commissioners
to account for all water consumption, and proper metering is an integral
part of the necessary program.
B. Authority. The Board of Water Commissioners will be the final authority
on all metering installations.
C. Use required. No water service shall be provided to any customer
except through an appropriate meter installation as approved by the
Superintendent in advance of construction.
D. Meter source.
(1) All meters shall be supplied by the Village. This will include only
the meter itself and not any peripheral facilities such as meter setting,
backflow prevention devices or detector check valves.
(2) In those cases where a meter was installed recently in accordance
with previous regulations and the property owner furnished the meter
at his or her own expense, no meter service charges shall be levied
for two years following the date of the installation of the meter.
E. Meter ownership. Water meters at all times remain the property of
the Village. Water meters as installed shall be sealed into the service
pipe, and no one other than the Village's representative shall
install or remove a meter or remove a meter seal.
F. Meter maintenance. Water meters shall be maintained by the Village.
Meters shall be installed by the Village and removed and replaced
by the Village as needed in order to perform necessary maintenance.
The cost of installing, maintaining and periodically replacing the
meter shall be included in the meter maintenance service fee in accordance
with the published schedule of rates, rents and fees. The Superintendent may choose to leave a meter in place
when its accuracy has been questioned until its accuracy has been
tested.
G. Electrical grounding. The property owner shall provide and maintain
a permanently bonded electrical grounding strap for each meter setting
as specified by the National Electrical Code of the Board of Fire
Underwriters.
H. Damage to meters. After the meter has been installed, it is the responsibility
of the property owner to provide adequate protection to prevent damage
to the meter. Any damage which such meter may sustain resulting from
the carelessness of the owner, agent or tenant, or from the neglect
of any of them to properly secure and protect the same, or any damage
that may result from allowing the meter to become frozen or to be
damaged by hot water or steam getting back from a boiler or from any
other cause shall necessitate the replacement of the meter at the
expense of the property owner.
I. The meter must be installed as close as practical to the point of
entry of the service pipe. Meters in place prior to this law will
not have to be moved.
J. Calculated consumption charges.
(1) Where any of the following conditions are discovered to exist in
an active water service, water consumption charges may, at the discretion
of the office of the Village Clerk, be calculated:
(c)
The meter is illegally bypassed.
(f)
The meter is installed in reverse direction to flow.
(g)
Any other condition which, in the judgment of the Superintendent,
indicates that the meter may not have been functioning properly or
that the consumption may not have been accurately registered on the
meter.
(2) The metered consumption on the premises for either a prior or subsequent
period of time, at the discretion of the Village Clerk, may be used
as the basis on which to calculate consumption for the period of time
for which the above-listed condition existed. A calculated bill shall
be issued covering the period of time for which the above-listed condition
existed or as permitted by state law, whichever is the shorter period
of time.
A. Where water service is to be furnished to multiple structures, or
water lines are not the property of the Village, a master meter shall
be installed and connected to the Village main. Such master meter
shall be located as near as practicable to the Village main.
B. All water lines beyond the master meter shall be installed and maintained
by the property owner or contracting municipality. The Village shall
in no way be responsible for them, except that the use for water service
may be rejected if, in the opinion of the Village, such water lines
are not satisfactory.
C. Master meters shall be read as often as the Village determines to
be necessary, and the Village may prepare bills monthly or quarterly
as the Village chooses. The bill for all water charges will be sent
to the property owner at the site of the service connection or to
the contracting municipality in control of the water district.
D. For inside-Village accounts serviced by a master meter, water consumed will be sold as prescribed in §§
226-43, Water rates, and 226-44, Determination of units. When master meters service out-of-Village users, the rate shall be in accordance with the current contract in place or the current fee schedule, published separately as a part of the rates, rents and fees schedule.
E. No credit shall be allowed against the bill for any water loss, for
any water used to fight any fire or for any other heavy or unusual
use of water.
F. No extension of water lines or increase in the number of properties
served beyond the limits of the Village or the limits of a water district
which has contracted to purchase water from the Village shall be made
without the approval of the Board of Water Commissioners unless allowed
by contract.
G. No pumps or other mechanical means of drawing water from the water
lines, which might impair service to water users within the Village,
shall be installed without the knowledge and consent of the Board
of Water Commissioners.
A. When the Water Department is unable to enter the premises, a notice
(card) shall be left at the premises asking the resident to call in
the reading to the Village Clerk's office. This notice (card)
shall be left in a conspicuous place. When a notice (card) is left,
a notation shall be made in the route book, and a list of these notices
shall be given to the Village Clerk's office.
B. The owner and/or tenant shall provide ready, safe and convenient
access to the meter so that it may be frequently read and examined
by the Water Department. The property owner shall be charged a fee,
in accordance with the published schedule of rates, rents and fees, that will be added to the regular bill if a consumer fails,
neglects or refuses to provide or arrange for access to the meter,
during the regular hours of employment of Water Department employees,
for the purpose of reading or inspecting the same after written or
verbal notice to the owner and/or tenant of the date and time when
said meter will be read or inspected.
C. For water accounts where meters are read quarterly, the reading dates
are in the months of March, June, September and December.
D. For all general, industrial, commercial, or contractual water consumers,
bills shall be due and payable on the due date designated on the bill.
E. Estimated bills. If the Water Department cannot gain access to the meter for a scheduled reading, an estimated bill may be issued based upon past metered consumption. Estimated bills shall be escalated beyond past consumption by 20% in order to provide for the possibility of a leak having developed. The owner and/or tenant must follow the process in §
226-48, Disputed bills, to have the meter read.
A. Where a building is located more than 75 feet from the street, a
property does not have a basement or more than one building may be
supplied from a single meter installation, the Board of Water Commissioners
or the Superintendent may require that the meter be housed in a small,
heated accessory building, or a hotbox, or an underground vault outside
the building but inside the property line instead of inside the building.
The Superintendent may also require that the meter be installed in
such a vault in the event that he or she deems that the meter will
not be safe and secure if it is located within the building or that
access by the meter reader or maintenance person would be difficult
or unsafe. The choice of type of structure and specifications shall
be at the Superintendent's discretion.
B. The property owner is required to keep the meter vault free of water and any other obstacle that would prevent Village personnel or persons or firms employed or contracted by the Village from having free access. If the meter vault is not accessible, the property owner will be notified of the problem and sent a notice to have it corrected within 30 days of said notice. If the work is not completed, it shall be put in working order by the Village at the property owner's expense. All work as defined in §
226-17, Fees for service, to cover labor and expense to the Water Department, as well as damages to metering equipment as determined by the Superintendent, shall be billed and must be paid within 30 days.
A bypass around all meters, two inches and larger, shall be
installed by the owner unless additional service connections supply
the premises in such a manner that the meter can be shut down without
affecting the supply to the premises during maintenance and/or repairs.
The design of the bypass shall be submitted to the Superintendent
for his or her approval prior to installation. The Superintendent
may require a meter to be installed in the bypass. Every bypass shall
have a valve which shall be sealed closed and opened only by Village
personnel. No connections shall be made to the bypass.
If a seal on a valve, meter or other fitting is broken, it shall be presumptive evidence that the water consumption has not been properly registered on the meter and the consumption may be estimated as defined in §
226-30, Meters, Subsection
J. If a seal is broken, it shall be resealed by the Village, and the property owner shall be charged a fee for resealing the meter, in accordance with the published schedule of rates, rents and fees, that will be added to the regular bill. No fee shall be
charged if the seal was broken accidentally and the Village is notified
promptly.
Upon request by a customer or at the Village's initiative,
meters may be tested by the Village or by a third party. The test
results shall be presumptive evidence of whether the meter is and
has been functioning properly. If the test results indicate accuracy
within current American Water Works Association limits, the customer
shall be charged for the test, in accordance with the Village's
published schedule of rates, rents and fees, and that charge will be added to the regular bill if the
test was done at the customer's request. If the test results
do not meet American Water Works Association accuracy limits, the
meter shall be replaced at no cost to the customer, and there shall
be no charge for the test.
A. All new installations shall provide a remote reading register per
meter.
B. In the event of a discrepancy between the water consumption as indicated
by the remote reading device and the water consumption as measured
by the water meter, the water consumption as measured by the water
meter shall be controlling.
No consumer within the Village or in any water district shall
sell bulk water to anyone for any purpose whatsoever without the written
consent of the Board of Water Commissioners.
A. If a water/sewer bill is not paid after a two-week period following
the due date in the billing statement, a shutoff notice will be forwarded
by regular first-class mail to the owner of the premises at the owner's
last known address, may be mailed or delivered to each tenant of the
premises and may be posted in at least two conspicuous places on the
premises. Such notice shall state that water service will be terminated
and the account closed unless all delinquent water/sewer charges are
paid in full. Such notice shall also give the address and telephone
number of the Village Clerk's office to arrange payment. If the
unpaid water/sewer bill is not paid by the date in the shutoff notice,
the water supply to the premises of the delinquent consumer will be
terminated. If and when all delinquent bills and fees are paid, the
account will be reinstated and the water shall be turned back on by
the Village. There will be a reinstatement of closed account fee in
accordance with the published schedule of rates, rents and fees.
B. No payments will be accepted by Water Department personnel while
in the process of terminating the water service, and Water Department
personnel are directed to inform the customer that only the Village
Clerk's office is allowed to collect payment.
C. When any Village water service is terminated as above, the Code Enforcement
Officer will be notified of the termination of the potable water supply.
Whenever any water service is terminated for a period of more then
24 hours, the certificate of occupancy shall be removed and shall
not be reinstated until the property owner makes a request by application
for a certificate of occupancy permit and pays the required fee. The
Code Enforcement Officer will inspect the property and grant a certificate
of occupancy if the property meets all code requirements. In the event
a property does not meet code, the owner shall be notified and required
to bring the property into compliance prior to the water being turned
back on.
D. Shutoff of joint services.
(1) In the event that the water service must be shut off for any of the reasons enumerated in §
226-20, Water shutoff, the shutoff may proceed, notwithstanding that one or more of the parties under the control of one curb valve may have paid their portion to such owner or any other party.
(2) When water shall be supplied to more than one property under the control of one curb valve, and it is necessary to shut off the water supply for any of the reasons enumerated in §
226-20, Water shutoff, each party shall have the opportunity to correct the deficiency or install a separate service pipe to the second property.
A. All water accounts for properties located within the Village and
subject to Village taxes will be listed under the name of the owner
of the property, and all delinquent charges shall be billed to the
owner of the property, and the owner of the property shall be held
responsible therefor. Such charges, if not paid, shall be a lien on
the property benefited. Such charges, delinquent as of a date published
each year by the Village Clerk's office, shall become a lien
upon the property and included in the following tax levy.
B. Such lien is prior and superior to every other lien or claim except
the lien of an existing tax. The Village Clerk shall certify the amounts
of all such delinquent rents, including penalties computed to a date
published each year, with a description of the real property affected
thereby. The Village Clerk shall present such certificate to the Board
of Water Commissioners and shall enter the same or an abstract thereof
in the minutes of the meeting. The Board of Water Commissioners shall
include such amounts in the annual tax levy and shall levy the same
upon the real property in default.
C. Bills will be sent out for the convenience of consumers, but the
failure of any consumer to receive a bill shall not excuse payment
of the same. It is the customer's responsibility to report promptly
to the Village Clerk's office any change in mailing addresses.
Upon the request of the property owner or agent for a final
account or interim meter reading, account history or reprint of an
account statement due to the sale of property or other reasons, the
property owner or agent shall complete a Request for Final Account
or Interim Account Reading, Account History, Reprint of an Account
Statement Form, and such form must be delivered to the office of the
Village Clerk. For a final account reading, the Village must have
access to the meter. After the meter is read, a final account bill
shall be rendered and payment due upon receipt. For any final account
or interim account reading, account history or reprint of account
statement requested, the property owner will be charged in accordance
with the published schedule of rates, rents and fees.
A. The rates, rents and fees schedule for water consumed, as well as
for other services performed by the Village, shall be amended from
time to time by resolution and published each year as part of the
reorganization meeting.
B. The water rates for all consumers outside of the Village shall be
amended from time to time by resolution and published each year as
part of the reorganization meeting unless such consumers are in an
organized water district, where the rates fixed by contract shall
prevail.
C. Special rates and rate classes. Water may be sold in quantities by
special contract. The Board of Water Commissioners reserves the right
to make any special rate contracts or rate classes for the use of
water it may deem advisable.
A. The number of equivalent units (or fraction thereof) applicable to
any improved property, for purposes of the billing service fee, shall
be equal to one plus such additional equivalent units (or fraction
thereof) which shall be determined in the discretion of the Board
of Water Commissioners and amended from time to time by resolution
and published each year in the unit schedule as part of the reorganization
meeting.
B. 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. Subsection
A above, regarding the number of equivalent units, will also apply in this Subsection
B.
Water bills shall be rendered monthly or quarterly. Each bill
shall include all current charges plus any delinquent and late charges
from the previous bill. A late charge shall be added to the entire
amount of each. Bills shall be rendered periodically until paid or
added to taxes. The amount of the late payment charge shall be equal
to 6% of the delinquent balance for charges which are billed quarterly
or 2% of the delinquent balance for charges which are billed monthly,
plus a late payment charge of 2% for every month thereafter. Payments
received will be applied to any delinquent and late charges from previous
bills first. In addition, a processing fee shall be added to the total
delinquent balance, in accordance with the published schedule of rates,
rents and fees, when the delinquent balance becomes a lien as defined in §
226-41, Billing procedure.
If a written payment plan has been arranged with the Village
Clerk on the delinquent account, and the terms of the arrangement
are not followed by the holder of the delinquent account, then the
account will be closed and service will be terminated upon three days'
written notice.
Appearing on each water bill shall be an "if disputed" statement. The Village Clerk will supply copies of §
226-48, Disputed bills, explaining how to proceed.
A. Any customer making a complaint as to the correctness of water bills and claiming to be overcharged may, by applying at the office of the Village Clerk within 15 days from the mailing of the bill, have the meter examined, and the dial reread, or have the meter tested. See §
226-42, Requests for final account or interim readings, account histories and reprinted statements, or see §
226-37, Meter tests; if, after the reread, it is determined that the initial meter reading was incorrect, the customer will not be charged for the special meter reading.
B. The Village Clerk is hereby authorized to correct any charge so shown
to be due to a fault in the meter, incorrect reading of the dial or
clerical error, but shall have no power to reduce water rents for
any other reason. Bills where no dispute has been entered within 15
days after the mailing of the bill must be paid as rendered.
C. Customers not satisfied and intending to appeal to the Board of Water
Commissioners are still required to make payment on disputed bills
by the date due. Any balance due as a result of a Village problem
shall be credited to the customer's next billing.
No refund for overpayments and/or erroneous billings shall be
granted by the Village without written application for such refund
stating the justification therefor, which application must be received
by the Village Clerk's office within four water billing cycles
of the applicable billing date.
A. When any property owner obtains a permit for the demolition of a
building, that person shall be required to pay, in addition to any
other fees charged, a water disconnection fee, which the Village Code
Enforcement Officer will charge, as published in the schedule of rates,
rents and fees, to compensate the Water Department for the costs of permanently
disconnecting the water service pipe from the water main. Permanently
disconnecting the water service pipe from the water main will be at
the discretion of the Superintendent.
B. In the event that a water service pipe meets current specifications
for a new installation, and the property owner indicates that he or
she wishes to reuse the connection for a new building at a later date,
the service pipe may be retained for a period of up to two years,
provided that the owner has paid the fee at the time of the demolition
for abandonment, if so required. In the event that the service connection
is reused within the two-year period, the abandonment fee, as originally
charged, will be refunded. If it is not reused within that period,
it shall be abandoned and the fee retained.
C. If a property owner causes a new or enlarged water service to be
installed, any old service or services which will not be used must
be permanently disconnected at the water main. The permanent disconnection
of any such service must be performed by the Village after payment
of a service disconnection fee by the property owner in accordance
with the published schedule of rates, rents and fees. All costs of
such a procedure shall be borne by the property owner.
D. If an unused service pipe is leaking or has not been used during
the preceding two-year period, the Village may permanently disconnect
the service without a charge to the property owner. The Village has
no obligation to maintain any unused water service or to reconnect
it in the event that the water main is replaced.
Water mains may be extended within rights-of-way dedicated for
street purposes, provided that the installation is in accordance with
plans approved in advance by the Board of Water Commissioners, and
all costs of the project are reimbursed by the applicant, or the project
is in accordance with a local improvement project.
In recognition of the critical requirement for reliable hydrant
availability, so that they will not fail when needed for fire-fighting
purposes, fire hydrants will be maintained by the Water Department.
However, fire hydrants will continue to be tested annually by the
Village Street and/or Fire Department. The Chief or an assistant chief
of the Fire Department shall notify the Superintendent whenever any
hydrant has been used by the Fire Department so that the Superintendent
may examine the same to assure its reliability. No person shall paint
or in any way change the color of a hydrant without the explicit authorization
of the Board of Water Commissioners.
A. An application may be made to the Village Clerk's office for
a permit to take water through a Village fire hydrant for a reasonable
purpose. If such a permit is granted by the Superintendent, the Village
will install a portable hydrant meter backflow preventer device and
all water taken from the hydrant shall be taken through such device.
The Village will remove the portable hydrant meter backflow preventer
device upon expiration of the permit. No hydrant permit shall be issued
for longer than one month, but such permit may be renewed on a monthly
basis. No hydrant permit will be issued for the purpose of filling
swimming pools or for any other use which the Superintendent deems
to be a potential hazard or nuisance.
B. A monthly fee shall be charged for each hydrant permit, and a refundable
deposit shall be required for the portable hydrant meter backflow
preventer device, pursuant to the published schedule of rates, rents
and fees. In addition, the applicant shall pay for the water consumed
in accordance with the regular metered consumption rates set forth
in the published schedule of rates, rents and fees. The applicant
will also be charged for any repairs necessitated by such use of the
portable hydrant meter backflow preventer device.
Fire hydrants may be moved by the Village only in the event
the Superintendent determines that a hydrant is an obstruction or
a safety hazard and only upon payment by the applicant of the required
fees, pursuant to the published schedule of rates, rents and fees. In the event that the move would place the hydrant in
front of a different property, permission would be required from the
owner of that property as well.
A. No persons except a duly authorized representative of the Village
shall open, close or in any way interfere with any valve gate or shutoff
appurtenant in any water main or service pipe. Any person who has
disturbed or displaced a valve box or who has covered a valve box
with dirt, paving, plank or other material shall immediately replace
the valve box or remove the obstruction. 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 through a hydrant by
permit. No person shall open a Village hydrant or valve to obtain
water except those with written authorization from the Superintendent
or those Village employees who are required to operate such equipment
as part of their normal work duties. No person shall allow an unauthorized
connection before a backflow prevention device. No person shall remove
or tamper with the meter in a service or open the bypass valve in
a service or otherwise cause water to be delivered to any premises
which does not properly register on a meter. No person shall accept
water knowing that the water consumption has not been properly registered
on a meter. No person shall take or accept water without paying for
it.
B. If a bypass valve has been opened or if the meter has been removed
or tampered with or if some other condition is found to exist in a
water service which would permit the delivery of water to the premises
without the proper registry thereof on a meter, it shall be presumptive
evidence that the person or persons who accepted or received the use
or benefit of the water did so with the knowledge of the illegal condition.
In such case, the water consumption for that period shall be calculated
based upon the highest consumption recorded during any period during
the previous three years or by other means to be determined by the
Superintendent and the Village Clerk.
C. No person shall cause damage to a hydrant or meter. All meters are
and remain the property of the Village. No person shall remove a meter
from a service. No person shall retain possession of a meter belonging
to the Village.
Any person responsible for any injury to any main, pipe, hydrant
or other water facility shall reimburse the Village therefor and for
the loss of water caused thereby and shall also be responsible for
any damage caused by such escaping water.
A. Water pressure. The Village makes no guaranty as to water pressure
and may change pressures as necessary, but shall always maintain the
minimum pressure as required to comply with the Department of Health
of the State of New York.
B. Nontoxic impurities. The Village makes no guarantee that its water
will be free at all times of rust or other nontoxic impurities. Any
property owner or occupant, residential, commercial or industrial,
who requires water of high purity is responsible for the installation
and expense of any necessary filters or treatment equipment.
The Superintendent is hereby authorized and directed to promulgate
water system specifications governing the materials, size and design
of water services, meters, valves and other fittings, pipe coverings
and backfill requirements and to amend them from time to time. The
current water system specifications shall be on file in the office
of the Superintendent and shall be available upon request.
In the event that any customer shall use water at rates of flow
that cause noticeable pressure variations in the water system, the
Board of Water Commissioners may require that the customer control
the flow rates or install equipment to minimize such variations at
the customer's expense.
A. The Water Department, in compliance with the requirements of the
New York State Sanitary Code, Section 5-1.33, will maintain a water
supply emergency plan.
B. Declaration. Whenever the Board of Water Commissioners shall determine
that an emergency exists due to shortage of water, the Board of Water
Commissioners shall activate the Village of Mount Morris Water Supply
Emergency Plan, publicly institute and declare the existence of an
emergency by adopting a resolution to that effect at a regular or
special meeting and cause a notice thereof to be published in the
official newspaper of the Village.
C. Any violation of any order of the Board of Water Commissioners under
this section is declared to be an infraction. Penalty for violation
shall be $100 for each initial offense and $200 for each repeat offense.
In addition to any other penalty provided herein, the Village may,
at any time and without further notice, discontinue the water service
of any person violating an order under this section.
The Water Department, in compliance with the requirements of
the New York State Sanitary Code, Section 5-1.72, will prepare and
provide an annual water quality report to the customers it serves.
A. Violation of any of the provisions of this article is hereby declared
to be a violation pursuant to the Penal Law. The Superintendent or
the Village Code Enforcement Officer shall issue and serve appearance
tickets with respect to any violation of this chapter when there is
reasonable cause to believe that such violation or offense has been
committed.
B. Every violation of any of the provisions of this article shall be
punishable by a fine not exceeding $250 or imprisonment not exceeding
15 days, or by both fine and imprisonment, or by a penalty not less
than $50 nor more than $2,500 to be recovered by the Village in a
civil action. Penalties imposed by this section shall be in addition
to any other criminal penalties imposed by law. Each days' continuance
of a violation after notice shall be deemed a separate and distinct
violation and shall be punishable accordingly.
In case of a conflict between any provision of this chapter
and any applicable federal, state or local ordinances, codes, laws,
rules or regulations, the more restrictive or stringent provision
or requirement shall prevail.
A. The provisions of this chapter are severable, and the invalidity
of a particular provision shall not invalidate any other provisions.
B. This chapter shall take effect immediately upon filing in the office
of the New York Secretary of State.
The costs incurred by the Village, including any attorneys'
fees incurred, shall be charged to the owner of said premises. Said
expense shall be paid by the owner of the property so affected within
30 days from the date said costs are presented to the owner. If said
expense is not paid within said thirty-day time frame, then said expense
shall be charged to the property so affected. Such expense incurred
by the Village of Mount Morris in connection with the proceedings
of this chapter shall be assessed against the land on which the expense
occurred and shall be levied and collected in the same manner as provided
in Article 22 of the Village Law for the levy and collection of a
special ad valorem levy.