[HISTORY: Adopted by the Board of Trustees of the Village
of Hancock as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Sewers — See Ch. 88.
[Adopted 12-12-1983 by L.L. No. 1-1983 as Ch. 47 of the 1983
Code]
The following rules, regulations and schedules of rates as set
forth in this article shall govern the use of water supplied by the
Village of Hancock, New York, to consumers within the corporate limits
of the Village of Hancock.
All persons desiring to use Village water shall file with the
Village Clerk an application describing the location of the property
where the water is to be consumed, the purpose for which water is
to be used and such other information as may be required by the Board
of Trustees, which Board will provide the necessary application forms.
The Board of Trustees shall have the authority to grant permits
for the use of water within the Village limits, provided that a water
main is adjacent to the property and that no extension thereof is
necessary. Permits in all other cases within the Village limits shall
be given by action of the Board of Trustees.
All applicants for water must state fully and truly all purposes
for which it is required, and at all times parties must frankly and
without concealment answer all questions put to them relating to its
consumption. In case of misrepresentation or use of water not mentioned
in the permit or of waste of water, the Board of Trustees shall have
the right to shut off the supply of water until it shall be satisfied
that there will be no further cause of complaint and that the party
has paid such fines and additional charges as may be imposed under
this article.
In order to inspect the condition and use of all plumbing, the
Board of Trustees, or any person delegated by said Board for that
purpose, shall have free access at all reasonable hours to all parts
of any building on premises where Village water is delivered or used.
A.
The owner of any property where Village water is consumed shall keep
his own service pipes, street taps, curb boxes, water meter and all
other fixtures connected therewith in good repair and protected from
frost at his own risk and expense. He shall guard against and prevent
all waste of water.
[Amended 2-10-1992 by L.L. No. 1-1992]
B.
When, in the opinion of the Board of Trustees, a service pipeline
to any property is discontinued or abandoned, the property owner shall
take out a street excavation permit[1] and shall disconnect said service pipelines from the Village
service water main within 10 days after notice from the Board of Trustees
directing the disconnection.
C.
In the event that any property owner or his authorized representative
shall fail to comply with the requirements set forth in this section,
the Board of Trustees may perform the work herein required, and the
expenses thereof shall be borne by the owner of the premises. Any
unpaid charges for the above work shall constitute a lien as prescribed
for unpaid water rents.
It shall be a violation for any tenant or owner of any premises
on which water is permitted to be consumed to supply water to any
other person or premises.
No addition or alteration in or about any service pipe or distribution
pipe shall be made or caused to be made without notice thereof being
previously given to and permission had in writing from the Board of
Trustees.[1]
[1]
Editor's Note: Original § 47-9, of the 1983 Code,
Regulation 9: Sprinklers, which immediately followed this section,
was repealed 2-10-1992 by L.L. No. 1-1992.
A.
Installation fees.
[Amended 2-10-1992 by L.L. No. 1-1992; 9-14-1992 by L.L. No.
4-1992]
(1)
After application has been made and a permit granted in accordance with §§ 109-2, 109-3 and 109-4, an installation fee as set forth from time to time by resolution of the Board of Trustees[1] shall be paid by the applicant to the Village of Hancock.
The Village will then install water service to the property line of
the applicant.
[1]
Editor's Note: Current fees are on file in the office of the
Village Clerk.
(2)
The installation fees represent a minimum fee for each installation.
The Superintendent of Public Works is authorized to estimate the installation
fee, and the installation fee, plus the estimated cost for parts and
labor, will be paid by the applicant at the time of making application.
B.
Metered and nonmetered service.
[Amended 12-9-1985 by L.L. No. 3-1985; 2-10-1992 by L.L. No.
1-1992; 9-14-1992 by L.L. No. 4-1992; 8-14-2017 by L.L. No. 4-2017]
(1)
Nonmetered service. All water consumption not qualifying as metered pursuant to § 109-9B(2) shall be considered nonmetered. The following rules, regulations and rates shall apply in all cases where the consumption of water is not metered:
(a)
The minimum rate for nonmetered service and nonmetered rates
per quarter shall be as set forth from time to time by resolution
of the Board of Trustees[2] Such services shall be based on the schedule of units of use as set forth in § 88-54B(1) of the Code.
[2]
Editor's Note: Current fees are on file in the office of the
Village Clerk.
(b)
Modification of number of taps (nonmetered service). It shall
be the responsibility of the owner to report any modification of the
number of taps. Charges shall be made on a prorated basis to the nearest
quarter. Failure to report the addition of taps within 30 days shall
be considered a violation of this article.
(2)
Metered service. The consumption of water is considered metered if
and only if the owner of the property in question is a metered user.
The following rules, regulations and rates shall apply in all cases
where the consumption of water is metered:
(b)
All bills for metered water rents and services shall be billed quarterly, will be chargeable against the premises where the water is used and shall be payable as provided in Subsection C below.
(c)
The Board of Trustees shall have the authority to require the
use of a water meter on any premises when it deems it advisable.
[Amended 8-12-2019 by L.L. No. 1-2019]
(3)
DWELLING UNITS
METERED USERS
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
A building, or portion thereof, providing complete housekeeping
facilities for one family, including living, cooking, sanitary and
sleeping facilities.
Owners of real property who have working water meters installed
on their property. When a property contains multiple dwelling units
or nonresidential uses (other than home occupations), each separate
dwelling unit or nonresidential use must be separately metered for
the owner to be considered a "metered user."
C.
General billing. Charges for water consumption are billed quarterly,
payable before the 30th of the month in which rendered.
[Amended 12-9-1985 by L.L. No. 3-1985; 2-10-1992 by L.L. No.
1-1992; 9-14-1992 by L.L. No. 4-1992]
D.
Nonpayment of bills.
[Amended 12-9-1985 by L.L. No. 3-1985; 2-10-1992 by L.L. No.
1-1992]
(1)
A penalty of 10% shall be added to all bills not paid before the
30th day of the month in which bills are rendered.
(2)
If the bill is not paid within 30 days after it is due, water may
be shut off, and a permit for turning it back on will not be issued
until all water rents, penalties and a service fee as set from time
to time by resolution of the Board of Trustees have been fully paid.
[Amended 3-13-2017 by L.L. No. 1-2017; 2-10-2020 by L.L. No. 1-2020]
E.
In the event that water services have been turned off by order of
the Board of Trustees for any other reason, it shall be the responsibility
of the owner of the property involved to apply to the Village Clerk
for renewed services. A service charge of $50 shall be paid therefor.
[Amended 12-9-1985 by L.L. No. 3-1985; 2-10-1992 by L.L. No.
1-1992; 2-10-2020 by L.L. No. 1-2020]
F.
All water rents in arrears, including penalties, interest or other
charges, are chargeable against the premises where the water is used
and shall become a lien upon the real property, payable by the owner
of the property.
G.
Partial payments will be credited against the accounts of the property
until all arrears, penalties and other charges have been fully paid.
The Board of Trustees will not accept payments for current water rent
until all arrears have been paid. Water rents for a fractional part
of a term shall be due and payable at the end of the term. No credit
shall be allowed for a period of less than 30 days. Partial payments
for water rents may be made in monthly payments in advance of the
quarterly billing, upon prior arrangements with the Clerk's office.
[Amended 12-9-1985 by L.L. No. 3-1985]
H.
The Board of Trustees reserves the right to change the rules, regulations
and rates for the use of water from time to time as conditions may
require.[4]
[4]
Editor's Note: Original § 47-11 of the 1983 Code,
Regulation 11: Vacancy, as amended, which immediately followed this
section, was repealed 2-10-1992 by L.L. No. 1-1992.
[Amended 2-10-1992 by L.L. No. 1-1992; 9-14-1992 by L.L. No.
4-1992]
The Superintendent of Public Works shall be in control of all
turning on or turning off of water service. The Water Department shall
charge a separate fee as set forth from time to time by resolution
of the Board of Trustees for each,[1] based upon whether or not the work is done during normal
working hours or after working hours.[2]
[Amended 2-10-1992 by L.L. No. 1-1992]
A.
Any person violating any of the rules, regulations or local laws
governing the use of Village water shall be subject to a penalty of
not less than $50 nor more than $250 or imprisonment for not more
than 15 days, or both, for each violation. Each act of violation or
each day on which any violation shall continue shall constitute a
separate offense.
[Amended 9-14-1992 by L.L. No. 4-1992]
B.
If any water rent remains unpaid on the first day of May, the Village
Clerk shall certify the amount due and payable to the Board of Trustees,
who shall levy the same as taxes and add such water rent and penalties
for the succeeding tax roll. Such taxes shall be collected and enforced
in the same manner and at the same time as provided for in the collection
and enforcement of the Village taxes, and it shall be the duty of
the Village Clerk to charge and collect interest thereon at the same
rate specified for the collection of Village taxes. Such water rents
shall constitute a lien upon the real property served and such lien
shall be prior and superior to every other lien or claim, except the
lien of an existing tax, assessment or other lawful charge.
All fines and penalties imposed under these provisions for infractions
of the rules in connection with the consumption or use of water shall
become a lien upon the real property where such violation occurs.
In all other cases, a fine, penalty or rent shall be collected by
an action in the name of the Village of Hancock, in a court having
jurisdiction of the subject matter.
