Powers of the Mayor. In case of public emergency, act of God, drought or conflagration, the Mayor of the City of Plattsburgh, with the consent of the Common Council shall have the power to regulate the use of water within the City, and except for drinking, domestic use within a dwelling and for the purpose of fighting fire, the Mayor may prohibit its use entirely. The Mayor shall be the sole judge as to when such an emergency exists. The power herein granted shall exist only for the duration of such emergency.
Method of regulation. In case it shall become necessary to act under the provisions of this section, the Mayor shall cause a proclamation to be made, signed by the Mayor and City Clerk and given under the seal of the City, stating specifically the nature of such emergency and also stating specifically for what uses the use of water is prohibited. The proclamation shall become effective upon posting the same in three public places and shall thereafter be immediately published in the official newspaper of the City.
Penalties for offenses. Violation of any of the provisions of such proclamation shall be punishable in City Court by a fine not to exceed $250 or by confinement in Clinton County Jail for a period not to exceed 25 days.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
For the purpose of this article, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:
- BUSINESS TOILET
- Toilet facilities in a commercial or industrial establishment intended primarily for use only by the occupants of such establishment.
- Garages, gasoline filling stations, show-rooms, display rooms, sales rooms, restaurants, bars, diners, taverns, grills, road stands, and all other wholesale and retail outlets, barber shops, beauty parlors, business and professional offices and, in general, all places of business.
- FAMILY UNIT/APARTMENT/TENANT/RESIDENTIAL
- Those dwellings or residences, or subdivisions of dwellings or residences each separately occupied by a single family and used solely for domestic or residential purposes.
- PUBLIC TOILET
- Toilet facilities in a commercial or industrial establishment intended for use by the general public.
- ROOMING HOUSE
- Dwellings or residences or other premises in which rooms are available for hire or rent, so-called tourist homes, sorority and fraternity houses, and dwellings or premises used primarily as dormitories, including all heretofore mentioned premises in this paragraph which simultaneously may or may not provide domicile for single or multifamily units as above defined.
- The period May 1 to October 31 in any calendar year.
Individual meter required.
An individual meter shall be required for each premises and each separate service connection. One service connection shall be furnished to each house or building. Separate metered service may be permitted to each unit of a multiple house or building. The installation of more than one water meter in a structure served by a single water lateral shall require a certificate signed by the owner that attests: (i) he, or his contractor, has inspected and tested the premises served by such additional meter(s); (ii) the water measured by such meter(s) is used or consumed entirely within the part of the premises owned or occupied by the person who pays the metered water usage charges.
The water department will furnish, install, and maintain the meter and meter couplings. The department will maintain meters as stated insofar as ordinary wear and tear is concerned In case of damage by freezing, hot water, or external damage, the customer shall be liable for the cost of repairs.
Backflow of hot water, which may cause damage to the meter, may be prevented by the installation of suitable equipment.
All meters installed by the water department shall be set at "zero."
Location of meters.
The customer shall provide a place acceptable to the water department for the location of the meter.
Meters should be installed inside buildings, unless otherwise required or agreed to by the water department. They are usually located in basements and should he placed in a clean, dry safe place at or near the front wall, as close as possible to the point of entrance of the connecting pipe.
Meters should be supported firmly, not less than 12 inches or more than 36 inches above the floor level and should be readily accessible at all reasonable times for inspection, reading, or changing by employees of the water department.
Where it is necessary to set the meter outside the building, it shall be installed, at the expense of the customer, in a pit which is watertight and frostproof. The cover of the pit shall be fastened with a convenient locking device. Where the distance from the property line to the front wall of the building is greater than 75 feet, the water department may require that the meter be set at or near the property line.
If the pit is to be located upon property not owned or controlled by the customer, written consent of the owner shall be first obtained.
Reading of meters. Meters will be read and inspected periodically by the water department employees. If customers find that the meter registers an unusual increase over the average amount of water used, which cannot be accounted for, they should inform the water department immediately.
Right to remove and test meters. The water department reserves the right to remove and test any meter at any time and to substitute another meter in its place. The customer will be given the opportunity to obtain a reading and the substitute meter will be set at "zero."
The water department will test its meters periodically in accordance with its current rules.
In case of a disputed account involving the accuracy of a meter, the water department will test the meter, upon the request of the customer. A fee payable in advance of the test is required; such fee shall be the actual cost of testing.
Adjustments in bills for over-registration of the meter will be made in accordance with the current rules of the water department.
Replacement of defective meters. In all cases where a meter is found to be defective, it will be replaced as soon as practicable by a meter that has been tested and properly adjusted.
Payment for metered water service:
Bills based on meter reading. The reading of a duly installed meter showing the amount of water consumed shall be used for all metered billing purposes except where it appears that the meter has ceased to register or has registered inaccurately.
Rendering of bills. Billing shall be in accordance with the rates, regulations, and methods for the applicable service classification.
Where access to a meter cannot be had, the water department will bill the amount charged for the corresponding period of the preceding year, and in such cases the amount paid will be treated as a credit, the amount due being determined by the next meter reading.
In cases where it is found that a meter has ceased to register or has registered inaccurately and the percentage of inaccuracy cannot be determined by reasonable test, an estimated bill will be rendered based on the water consumed in the corresponding period of prior years, except where it appears that there has been a change in the occupancy of the premises or in the use of water, in which case an equitable adjustment will be made.
Discontinuance of service for nonpayment. In case any water bill or charges provided for in and by these rules shall not be paid within 30 days following the rendering of the bill, the water department may discontinue water service to the customer after five days' notice. Service will not be re-established until the water charges are fully paid, together with the charge for restoration of service as elsewhere provided herein, and the customer pays a deposit equal to twice the minimum charge. Overdue water bills outstanding at the close of the calendar year shall become a lien on the property served.
Water for building purposes.
Water for building or construction purposes will be furnished on an application for metered service through a service pipe connection to the main and the customer will be liable for the amount of water used in accordance with Service Classification No. 1.
The applicant shall deposit with the water department the cost of the meter and shall keep the said meter safe and accessible during its use.
Private fire service. Customers desiring service connections of reasonable size to the mains of the water department, for private fire protection on their premises, shall make separate application for such service, in writing. Such installations shall be in accordance with these rules and regulations, particularly the rules regarding the installation of service pipes, connecting pipes and facilities. Such service lines shall be used exclusively for fire protection purposes.
[Amended 5-22-1951 by L.L. No. 1-1989; L.L. No. 2-1989; L.L. No. 3-1990; L.L. No. 1-1994; L.L. No. 1-2012; L.L. No. 1-2013; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Rates and regulations for water services and the method of collection are as set from time to time by the Common Council.
Service Classification No. 1.
Terms of payment. Except as set forth in the following subsection entitled "Special Provision" meters shall be read and bills shall be rendered monthly, in arrears. The water consumed times the water rate shall be the net amount of the water charges and shall be due and payable when the bill is rendered. The gross amount of the water bill shall be the net amount plus 10% of the net amount. The gross amount shall be due and payable if the net amount is not paid within 20 days of the date of the billing. If the gross amount of a water bill is not paid, the gross amount shall accrue interest at the rate of 1.5% per month until date of payment.
Term. From the date of commencement of service, pursuant to application, until 10 days' written notice is given prior to the date set for discontinuance or upon discontinuance by the water department in accordance with the provisions of this schedule of water service.
Meters may be read and/or bills rendered monthly at the option of the water department. The terms of payment for monthly billings are net 20 days after the date of the bill. Gross amount plus interest shall be due thereafter.
All those customers who do not have water meters installed in the water service line serving their premises on the effective date of this service classification shall be billed at the rate set by the Common Council until such time that a water meter has been set in the water service line to their premises. Thereafter, the rates for water service shall apply.
Elderly persons who qualify for the real property tax exemption shall also be exempt from the minimum charge for water service and be charged for only the actual gallons of water consumed.
Service Classification No. 3.
Terms of payment. Net cash on presentation of bill. Bills may be rendered quarterly or monthly.
Terms. From the date of commencement of service, pursuant to application, until 30 days' written notice is given prior to the date set for discontinuance by the water department in accordance with provisions of this schedule of water service.
Special provisions. The rates for private fire protection service are based on unmetered service. Water for fire extinguishment purposes and limited testing requirements is provided at no extra charge. However, if, in the opinion of the water department, the installation of a fire line meter is required, the customer shall make said installation at its own expense. The entire meter installation shall be constructed and installed according to the specifications of the water department. There shall be no branch connections to said fire service line other than those for fire protection service.
Refunds. No refund of any part of the annual flat-rate charges for water service outside the corporate limits of the City shall be allowed for temporary, seasonal or other disconnections of service. In the event of a permanent disconnection of service or conversion to a metered service by the water department, a refund of a pro-rata portion of the flat-rate charge which has been paid for the current year, equivalent to the remaining period of the year from the date of disconnection or conversion, may be allowed.