[HISTORY: Adopted by the Board of Trustees of the Village of Hillburn 9-30-1958 (Ch. 41 of the 1977 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building and fire prevention codes — See Ch. 80.
Excavations and topsoil removal — See Ch. 110.
The management of the water system shall be under the supervision of the Board of Trustees.
A. 
Meters authorized. When the Board of Trustees of the Village of Hillburn makes a determination on a certain date that all water supplied to business and residential properties, as hereinafter defined, will be supplied and sold by measurement only, then and thereafter all water used by business customers and residential customers of the Water Department shall be metered.
B. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
BUSINESS PROPERTIES
All properties not used solely for residential purposes.
RESIDENTIAL PROPERTIES
Properties used solely for residential purposes and in which no trade or occupation is carried on for profit.
The Village will supply and install one meter, together with necessary valves, in each business and residential property at the expense of the Village. In the event that the pipes of the consumer are not in proper condition for the installation of a meter, the customer shall cause said pipes at the point at which said meter is to be installed to be put in proper condition prior to the installation of said meter.
No person shall make any attachment to or connection with any of the pipes or mains of the Village, nor make any repairs, additions or alterations to service pipes, except on the consumer's side of the meter, without prior written notice to the Village, and no pipes shall be covered until said repairs, additions or alterations have been inspected by a representative of the Village.
A. 
The Village will lay and maintain service pipes from the main to the curb cock. Service pipes from the curb cock to the meter shall be laid at least four feet below the surface of the ground at all points. Red or white lead joint compound shall be used on the male threads only between the main and the meter. No tee or other fitting through which water can be taken will be permitted on service pipes between the main and the meter. No branch will be allowed to be inserted in any service pipes without a written permit from the Village.
[Amended 6-14-1978 by L.L. No. 1-1978]
B. 
No pipe or fixtures 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 Department of Health of the State of New York.
In the event that a change in ground elevation leaves a service pipe insufficiently buried, the consumer shall promptly lower or raise his service pipe to conform to the new ground elevation. In case the consumer fails or neglects to make such alterations promptly, the supply of water will be shut off until the alterations are completed, and a charge, defined in § 235-26, will be made to cover the labor and expense by the Village resulting from the consumer's failure so to do.
[Amended 4-13-1983 by L.L. No. 1-1983]
A. 
Service pipes and meters, including readout meters, and the appurtenances thereto shall be kept in good repair and protected from frost, accident, neglect and abuse by the customer at his expense. The owners of premises into which water is introduced by a service pipe shall be required to maintain in perfect order and repair, at the owner's expense, said service pipe and its fixtures and appurtenances from the curb box to and into the premises. The customer shall notify the Village promptly of any leak, defect or damage affecting the service pipe between the property line and the point where metered.
B. 
In the event that the water meter or readout meter is damaged by frost, accident, neglect or abuse, the Village shall have the right to repair or replace said meters, and the consumer shall be liable for the actual cost of materials and labor to effect such replacement or repair.
In case a building is to be closed or become vacant, notice thereof shall be given the Village in order that the meter may be read and the curb cock closed. The meter shall be removed and stored by the Village. Where such notice is not given and pipes burst from freezing or other cause, or where the meter is damaged or destroyed by an act of commission or omission of the owner, the value of the water lost by reason thereof, as estimated by the Village, together with the cost of repair of said meter and pipes, together with the additional sum defined in § 235-26, shall be paid prior to the installation of a new meter in said building.
A. 
Where a water meter fails to register the correct quantity of water delivered through it or where it otherwise becomes out of order or in need of repair, notice thereof shall be given the Village. Another meter will then be loaned and installed during the time required for testing and repair. The Village will cause the meter to be tested, and if the meter, on test, is found to be registering over 3% more water than actually passes through it, no charge will be made for the test if the test was requested by the owner. Otherwise, a charge as defined in § 235-26 to cover the cost of removing, testing and resetting the meter will be made to the consumer requesting such a test.
B. 
If a meter is out of order and fails to register, the consumer will be charged at the average consumption as shown by the meter when in order.
C. 
No seal placed by the Water Department for the protection of any meter, valve or other water connection shall be tampered with or defaced. If the seal is broken, the Water Department reserves the right to remove and test the meter at the customer's expense, and a charge as set from time to time by the Village Board of Trustees will be levied against the customer for the quarter.
[Amended 6-14-1978 by L.L. No. 1-1978[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
No person shall open, interfere with or draw water from any fire hydrant in the Village without a written permit from the Village therefor, except that hydrants may be opened by or on the order of any member of a Fire Department within the Village in case of fire for the purpose of attaching thereto fire hose and equipment.
B. 
Whenever a hydrant has been opened and used, notification of such fact shall be promptly given the Village.
C. 
No tools or implements shall be used to open hydrants except such as are furnished by the Village or by the Fire Department.
A. 
Where water has been turned off by direction of the Village, it shall not be again turned on without the permission of the Village.
B. 
Where a consumer requests that water service be temporarily shut off, except for emergency repairs and charges not covered by § 235-8, charges as set from time to time by the Village Board of Trustees shall be paid:
[Added 2-25-1981 by L.L. No. 4-1981[1]]
(1) 
For disconnect from the Village water system.
(2) 
For reconnection of water service after voluntary disconnect.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 10-13-1960; 3-31-1971; 6-14-1978 by L.L. No. 1-1978; 6-25-1980 by L.L. No. 1-1980; 7-29-1981 by L.L. No. 6-1981; 1-13-1982 by L.L. No. 1-1982; 6-29-1988 by L.L. No. 2-1988; 6-26-1991 by L.L. No. 4-1991; 3-25-1998 by L.L. No. 1-1998; 2-13-2002 by L.L. No. 1-2002; 1-16-2008 by L.L. No. 1-2008[2]]
[1]
Editor's Note: The current water rates, based on cubic feet of quantity used and as set from time to time by the Village Board of Trustees, is on file in the Village's office.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 10-13-1960; 6-14-1978 by L.L. No. 1-1978]
A. 
Bills for water service shall become due and payable to the Village, and such payment shall be made to the Village Clerk at the office of the Village Clerk semiannually for the semiannual period, respectively, ending on the 31st day of January and the 31st day of July.
B. 
For water bills not paid within the payment period from dating, an extra charge of 10% will be added.
[Amended 2-2-1994 by L.L. No. 1-1994]
[Amended 6-14-1978 by L.L. No. 1-1978; 7-11-1984 by L.L. No. 2-1984]
Water rents and charges and penalties thereon shall be a lien upon the real property upon which the water is used and may be collected in accordance with § 11-1118 of the Village Law. If said water rents, charges and penalties are re-levied pursuant to § 11-1118 of the Village Law, the Village Clerk shall add a re-levy charge of $20 for each unpaid water rent period then past due.
[Amended 10-13-1960; 6-14-1978 by L.L. No. 1-1978]
Notice in writing delivered to the office of the Village Clerk at least 10 days before the beginning of a semiannual billing period shall be required in all cases of application for discontinuance of water service, otherwise the consumer shall be liable for the minimum charge for the following semiannual period.
A. 
Each building or parts thereof having unrelated occupancy or distinctive use shall, at the option of the owner, have a separate meter, but said meter shall be secured from the Village and paid for by the owner, together with the cost of installation thereof.
B. 
The charge for said securing and installation of said separate meter shall be as set from time to time by the Village Board of Trustees.
[Added 6-16-1982 by L.L. No. 3-1982[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Water required for construction or other temporary purpose shall only be used after written application to the Board of Trustees for permission to use the same, and the Board shall have the right and power to fix such terms as the Board may deem proper for such temporary use.
Whenever any of the provisions of these rules, regulations and ordinances are violated, the water supply may, in the discretion of the Village, be shut off and the meter removed.
The Village or its authorized agents shall have full power to enter the premises of any consumer at all reasonable hours to install a meter, read a meter and examine the fixtures, plumbing and manner of using water.
In all places where steam boilers, hot-water tanks, refrigerating or air-conditioning units are supplied with water from the water system, the owner or consumer must see that the plumber places a suitable safety valve, vacuum valve or other proper device to prevent damage from collapse or explosion when water is shut off. The Village shall not be liable for any damage resulting from sudden shutting off of the supply of water from any steam boiler or other fixture deriving its supply from the water system.
The Village reserves the right to limit the amount of water furnished to any consumer should circumstances seem to warrant such action, although no limit may be stated in the application or permit for use; or said Village may entirely shut off the water supply used for any manufacturing purposes or for furnishing power or for lawn sprinkling at any time by giving reasonable notice of such intended action or, in the case of making or constructing new work or in making repairs or in an emergency, the right is reserved to shut off the water from any consumer without notice for as long a period as may be necessary.
The Village shall not be liable for any damage or loss of any kind to property or persons which may arise from or be caused by any change, diminution in or increase of the water pressure from any cause whatever.
[Amended 6-14-1978 by L.L. No. 1-1978]
A. 
Service pipes and fittings, from the curb cock to the meter, shall conform to such standards and shall be of such make and type as the Village Board shall direct and shall be of such size as the Village shall deem proper. The minimum size for any service hereafter installed shall, however, be 3/4 inch. Service pipes from the curb cock to the meter less than two inches in diameter shall be of pure, seamless, soft-tempered copper tubing with flared bronze fittings or red brass pipe. Tubing shall be of the following thicknesses:
Normal Pipe Size
(inches)
Outside Diameter of Tubing
(inches)
Type
3/4
7/8
K
1
1 1/8
K
1 1/2
1/8
K
B. 
No soldered joints shall be permitted in copper tubing underground.
The Village may discontinue water service and shut off the supply from any premises the owner or occupant of which has failed to comply with the provisions of any ordinance relating to the character or construction and maintenance of pipes and connections and the use of water. Such service will not be resumed until the cause of such discontinuance is removed and the expense of shutting off and turning on the water, if any, is paid to the Village Clerk.
All persons who hereafter make application for water service or who continue the use of the water service after the taking effect of the foregoing ordinances will be deemed to have assented thereto and to have agreed to conform to the provisions of said ordinances and to pay the water rates hereby established.
[Amended 3-31-1971]
A. 
The charges and monetary amounts referred to in preceding sections as defined in § 235-26 may be changed from time to time by specific action of the Village Board. The schedule of these charges and monetary amounts now in force shall be as set from time to time by the Village Board of Trustees.[1]
[Amended 6-14-1978 by L.L. No. 1-1978; 6-26-1991 by L.L. No. 4-1991; 3-25-1998 by L.L. No. 1-1998; 2-13-2002 by L.L. No. 1-2002; 1-16-2008 by L.L. No. 1-2008][2]
[1]
Editor's Note: The current Schedule of Fees and Rates of the Village are on file in the Village Clerk's office.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
The size of the meter is to be determined by the Village Board.
C. 
For renewal of old water service line, the owner will be billed for the actual cost.
[Amended 4-15-1981 by L.L. No. 5-1981]
The violation of the provisions of §§ 235-2, 235-3, 235-4, 235-5, 235-6, 235-9, 235-10, 235-11 and 235-17 hereof by any person shall constitute disorderly conduct, and a person violating any of said sections shall be a disorderly person and shall be subject to arrest, prosecution and punishment as provided in § 338 of the Village Law. The penalty for each and every violation of any of said sections shall be an amount not exceeding $250.
The right is reserved to change and amend these rules, regulations and ordinances, to make special rates, variations and contracts in all proper cases or to turn off the water supply without notice in case of extensions, repairs or other necessity, without liability for damages for lack of water or for any damage which may result from the turning off of the water supply.
Any change not provided heretofore shall be by special application to the Village Clerk, who shall render a charge equivalent to the reasonable cost for such special service at the prevailing hourly rates and materials used, and this section shall apply to such services as inspections to locate and repair ruptures or other damage caused by acts of parties performing for themselves or others work of any nature.
Notwithstanding any statute or law to the contrary, the Village shall not be liable for any act or omission in respect to water service, and every user of such water service hereby waives any right of action or claim against the Village that might arise by reason of any act or omission of the Village or any of its officers, employees or agents in conducting the affairs of such water system and service.