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:
BOARD OF WATER COMMISSIONERS
The Village Board of Trustees.
SERVICE PIPE or CONNECTION
A water pipe connected to a water main and dedicated to providing water to an individual property.
SUPERINTENDENT
The Superintendent of Streets or designee.
UNIT
As defined in Unit Schedule No. 1.[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.
[1]
Editor's Note: Said schedule is on file in the Village offices. See also § 226-44.
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.[1] 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.
[1]
Editor's Note: Said schedule is on file in the Village offices.
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).[2]
[2]
Editor's Note: Schedule C is on file in the Village offices.
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.[1]
[1]
Editor's Note: Said schedule is on file in the Village offices.
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.[1] 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.
[1]
Editor's Note: Said schedule is on file in the Village offices.
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.[1] 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.
[1]
Editor's Note: Said schedule is on file in the Village offices.
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.[1] 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.
[1]
Editor's Note: Said schedule is on file in the Village offices.
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.[1]
[1]
Editor's Note: Said schedule is on file in the Village offices.
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.[1] The Superintendent may choose to leave a meter in place when its accuracy has been questioned until its accuracy has been tested.
[1]
Editor's Note: Said schedule is on file in the Village offices.
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:
(a) 
There is no meter.
(b) 
The meter is stopped.
(c) 
The meter is illegally bypassed.
(d) 
A bypass valve is open.
(e) 
A bypass seal is broken.
(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.[1]
[1]
Editor's Note: Said schedule is on file in the Village offices.
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,[1] 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.
[1]
Editor's Note: Said schedule is on file in the Village offices.
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,[1] 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.
[1]
Editor's Note: Said schedule is on file in the Village offices.
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,[1] 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.
[1]
Editor's Note: Said schedule is on file in the Village offices.
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.[1]
[1]
Editor's Note: Said schedule is on file in the Village offices.
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.[1]
[1]
Editor's Note: Said schedule is on file in the Village offices.
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.[1]
[1]
Editor's Note: Said schedule is on file in the Village offices.
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.[1]
[1]
Editor's Note: Said schedule is on file in the Village offices.
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,[1] when the delinquent balance becomes a lien as defined in § 226-41, Billing procedure.
[1]
Editor's Note: Said schedule is on file in the Village offices.
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,[1] 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.
[1]
Editor's Note: Said schedule is on file in the Village offices.
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.[1] 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.
[1]
Editor's Note: Said schedule is on file in the Village offices.
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.[1] 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.
[1]
Editor's Note: Said schedule is on file in the Village offices.
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.