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Village of Walden, NY
Orange County
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Table of Contents
Table of Contents
All water used on any premises or for any purpose whatever shall be metered. No bypass or connection shall be made or maintained unless covered by a meter. Only meters which have been furnished or approved by the Board of Trustees shall be installed. The Board of Trustees shall determine the type and size of meter in each instance.
A. 
Upon application, a meter will be furnished to each service by the Board of Trustees, the cost of which shall be borne by the owner, who shall thereafter pay for the amount of water consumed as indicated by the meter in accordance with the schedule hereinafter mentioned. The meter shall remain the property of the Village of Walden. Any damage which any meter may sustain by reason of the carelessness of the owner or his agents or tenants of the premises or from the neglect of any of them to properly protect the same, including any damage that may result from allowing the said meter to become frozen or to be damaged by hot water, shall be paid by the owner of the property.
[Amended 10-9-2001 by L.L. No. 4-2001]
B. 
Only one meter will be furnished by the Village to each service. If additional or auxiliary meters are desired for recording the subdivision of any supply, they must be furnished by the owner at his expense.
[Amended 10-9-2001 by L.L. No. 4-2001]
C. 
All meters furnished by the Village will be tested before being set. Meters furnished by other parties will not be recognized unless they have been first tested by the Water Department and a special permit has been given to set the same.
D. 
All meters shall be located, placed and kept free from all obstructions so as to afford easy access thereto in order that they may be easily read and inspected.
E. 
No person shall in any way interfere or tamper with the water meter or the valves and fittings connected therewith without a written permit from the Water Department.[1]
[Amended 12-14-1982 by L.L. No. 6-1982]
[1]
Editor's Note: Former Subsection F, regarding meters over 3/4 inch in size, which immediately followed this subsection, was repealed 10-9-2001 by L.L. No. 4-2001.
It is the property owner's responsibility to maintain the condition of the plumbing in such a manner as will readily permit removal of the water meter. Upon 30 days' notice from the Village that it intends to remove any meter, the property owner shall, at his own cost and expense, repair or replace any plumbing connections so as to readily permit such removal by the Village. However, failure of the Village to give such notice shall not relieve the property owner from responsibility for maintaining the condition of the plumbing in such a manner as will permit such removal.
A. 
The Village shall have the right to require the installation of outside water meters:
(1) 
When the Water Department does not have access to a water meter for purposes of reading the same.
(2) 
When no accurate self-reading report is provided to the Village for two successive billing periods.
(3) 
When replacement of the water meter is necessary and the Village is unable to obtain access or is unable to physically replace the water meter due to the condition of the owner's pipes.
B. 
The cost of such meter-reading device and installation thereof shall be at the cost and expense of the property owner. In the event payment thereof is not made, the charges for such meter-reading device and installation shall be added to and collected in the same manner as water rents.
C. 
In the event the Village is unable to replace the water meter due to the condition of the owner's pipes, the Village shall have the power to require the installation of an outside meter only after two notices to the owner regarding the condition of his pipes.[1]
[1]
Editor's Note: Former § 144-28, Schedule of rates, amended 5-10-1977 by L.L. No. 2-1977; 6-14-1977 by L.L. No. 3-1977; 9-23-1980 by L.L. No. 3-1980; 9-13-1983 by L.L. No. 4-1983, which immediately followed this section, was repealed 5-9-1989 by L.L. No. 2-1989, which local law repealed all existing permit and license fees contained in the Code of the Village of Walden. See now Ch. A310, Fees.
A. 
Where two or more tenants are in one building, the foregoing rates shall apply to each and every tenant.
B. 
Where two or more properties are supplied through one service pipe, the minimum rate shall be the sum of the rates applying to each of said properties; and if there is more than one tenant in a property, the minimum rate shall also apply to the tenants thereof as provided for where there are two or more tenants in one building.[2]
[2]
Editor's Note: Former § 144-30, Sprinkler system fees, added 9-23-1980 by L.L. No. 3-1980, which immediately followed this section, was repealed 5-9-1989 by L.L. No. 2-1989, which local law repealed all existing permit and license fees contained in the Code of the Village of Walden. See now Ch. A310, Fees.
[1]
Editor's Note: Former Subsection A of this section, regarding minimum quarterly charges, amended 5-10-1977 by L.L. No. 2-1977; 6-14-1977 by L.L. No. 3-1977; 9-23-1980 by L.L. No. 3-1980; 9-13-1983 by L.L. No. 4-1983, was repealed 5-9-1989 by L.L. No. 2-1989, which local law repealed all existing permit and license fees contained in the Code of the Village of Walden. See now Ch. A310, Fees.
A. 
Bills will be rendered at the net amount and will be due when presented.
[Amended 8-25-1981 by L.L. No. 9-1981]
B. 
Failure by the owner of any premises supplied with water to pay water rents within 60 days after the same shall become due, or failure to pay any fine or penalty herein provided for within 10 days from the time same is imposed by the Village, shall cause the supply of water to such premises to be cut off, and the water supply shall not be restored to said premises until all water rents, charges, fines and penalties are paid in full, together with the expense of shutting off and turning on such water, which in no case shall be less than $1. Failure to receive bills will not entitle the owner or consumer to remission of penalty or absolve him from the effect of having water shut off for nonpayment of rents.
[Added 12-3-2019 by L.L. No. 9-2019]
Any owner of premises using water supplied by the Village whose property has been designated for the receipt of a new water meter to be provided and installed by Village shall be liable for a fine of $75 per quarter for each quarter, or portion thereof, that the said owner refuses and/or neglects to allow the installation of the new water meter.
[Amended 3-8-2011 by L.L. No. 4-2011]
For the purpose of billing water rents, the Village is divided into three districts, to be known and designated as "Area 1," "Area 2" and "Area 3," which areas are depicted and delineated on a map entitled: "Water Billing Division Map of the Village of Walden, dated September, 1970," to be maintained on file in the Village Clerk's office. Water rents shall be due and payable in the months of November, February, May and August in Area 1, Area 2, and Area 3.
[Amended 8-25-1981 by L.L. No. 9-1981; 2-21-2017 by L.L. No. 4-2017]
A. 
If the amount owed is not paid by the due date set forth on the bill, a late charge of 10% shall be added to the amount unpaid. Said late charge shall constitute additional water rent.
B. 
All delinquent water bills remaining unpaid as of March 31 of each year will be added to the tax roll for inclusion on the next Village tax bill.
C. 
The Village Clerk shall annually certify to the Village Board the amounts of all unpaid water use charges, including penalties. The Clerk shall present such certification at a meeting of the Board of Trustees and enter the certificate of the amounts so unpaid in the minutes of said meeting. The Board of Trustees shall levy such amounts against the real property liable therefor as a part of the annual Village tax levy. The water use charge lien shall be prior and superior to every other lien or claim, except the lien of an existing tax, assessment or other lawful charge imposed by or for the state, a political subdivision or district.