[Amended 12-2-2009 by L.L. No. 3-2009]
A.
If a consumer desires to discontinue the use of water for a temporary period, the water department shall be given at least 24 hours' notice, in writing, accompanied by a fee (See Article X.), whereupon it will, at the time required, shut off the service and will read and remove the meter for the consumer and will render a special bill for the fractional period. Restoration of service will be made in the same manner and at the cost provided for in Article X, and, for restoration of services, a letter from an attorney will suffice as proof of ownership.
B.
In addition to any other remedy that may otherwise be available to
secure payment of bills for water service to any property within the
Town, water may be suspended if any bill for such water service remains
unpaid for a period of 60 days after the date on which bill becomes
due and payable and the unpaid balance shall be levied against the
property.
C.
If a water leak in the service line to premises has been discovered,
the Water Department may deliver notice of the discovery of such leak.
If such leak is not repaired and abated within 10 days of personal
delivery of such notice to the consumer or within 15 days of the mailing
of such notice to the consumer, service to such premises may be terminated.
D.
Notwithstanding any other provisions of the chapter, the Water Authority
reserves the right to shut off the water supply from any street or
premises at any time it may deem necessary for the safety, preservation
or conservation of such water or water supply and the Water Department
and the Town shall not be responsible for any damage that may result
therefrom, nor shall it be necessary for the Water Department to give
notice that such water shall be shut off.
E.
If any protective device required by this chapter has not been installed,
inspected, tested and maintained or is defective or has been removed
or bypassed, delivery of water to such premises shall not be made,
or, if commenced, may be discontinued by the Water Department.
(1)
Delivery of water may be discontinued immediately and without notice
to any consumer affected if the Water Department determines that the
water supply is being contaminated or is in immediate danger of contamination
or if a protective device required by this chapter has not been installed
or is defective, or has been removed or bypassed and the consumer
cannot immediately be located. Delivery of water shall not be resumed
until any protective device required by this chapter and approved
by the Water Department has been properly installed or until conditions
at the premises causing the contamination or danger of contamination
have been abated or corrected to the satisfaction of the Water Department.
(2)
Except as provided hereinabove, delivery of water shall not be discontinued
until written notice of such discontinuance has been given to the
consumer. The notice shall state the conditions or defects which must
be corrected; the manner in which the stated conditions or defects
are to be corrected; and the date on or after which delivery of water
will be discontinued, which shall not be less than 15 nor more than
60 days following the date of delivery of mailing of the notice. The
Water Department may grant the consumer an extension of an additional
period not to exceed 90 days if the Water Department determines the
consumer has exercised due diligence but has been unable to comply
with the notice within the time originally allowed. The notice shall
be given by delivering the same to the consumer, the manager or agent
thereof, or to any person in charge of or employed in the place of
business of the consumer, or, if the consumer has no place of business,
then at the place of residence of the consumer, if known, or by leaving
the notice at either the place of business or the residence of the
consumer. If the consumer cannot be found and service of the notice
shall be mailed, postage fully prepaid, addressed to the consumer
at the place of business or residence set forth in the application
of the consumer for water service in the records of the Water Department.
Once discontinued, delivery of water shall not be resumed until such
protective device required by this chapter and approved by the Water
Department has been properly installed or until the conditions at
the premises creating the need for a protective device have been abated
or corrected to the satisfaction of the Water Department.
F.
For the purpose of making any inspections or discharging the duties
imposed by this chapter, the Water Department shall have the right
to enter upon the premises of any consumer. Each consumer, as a condition
of the continued delivery to his premises, of water from the water
supply shall be considered as having stated his, her or its consent
to the entry upon such premises by the Water Department, the officers,
servants, agents and employees of the same for the purposes stated
in this chapter.
A.
A service connection for private fire protection purposes may be secured from the town upon application by the owner of the property involved. A drawing showing the proposed location of all valves, pipes, hydrants, sprinkler heads and other appurtenances to be installed shall be submitted in duplicate with the application. The Water Department will determine the necessity and advisability of installing any fire service connection in view of the size of the street main available, the existence of available fire hydrants and the possible effect on the main pipe system if such a service line was broken and open during a conflagration. Likewise, the Water Department will determine the proper size of each fire connection, which in no case shall be larger than 10 inches in diameter. The cost of installation of such a service, including an approved type of check valve with meter on a bypass located in a pit or vault, if required, shall be borne entirely by the applicant. An annual ready-to-serve charge based on the size of the service connection, and payable in advance, shall be made (see Article X). A fire service connection, except as provided for in this section, will be subject to the same rules and regulations as apply to regular service connections. No connection shall be made at any time between the fire-protection system and the regular water supply on the premises or any other supply, regardless of source, unless specifically approved by the Water Department. A fire-service connection is exclusively for fire protection purposes. The use of water from this service for any other purpose whatever is prohibited. Any violation of the provisions shall be sufficient cause for discontinuing such service until reasonable assurance is given that the offense will not be repeated. The Water Department shall file one set of the above-mentioned blueprints with the local Fire Department responsible for the fire protection in that area.
B.
Service connections to supply lawn-sprinkler-pipe
systems will be permitted only where the use of water for that purpose
will not adversely affect regular service to neighboring consumers
at periods of peak demand. The size and arrangement of pumps, if any,
valves, check valves and other appurtenances shall meet the requirements
of the Water Department.
No person owning or occupying premises receiving
water service from the town shall make, or allow to be made, any connection,
either of a direct or of an indirect nature, between his piping system
and a water supply from any other source or install, or allow to be
installed, any fixture or appliance or waste or soil pipe from which
water may flow, be syphoned or be pumped into any piping connected
to the town water system.
Where either hand excavation or excavating machines
are used by contractors or others in digging trenches for sewers,
drains, gas mains and conduits or in connection with any other underground
excavation work, all water mains shall be maintained in position at
the expense of such persons or contractors. Contractors or others
working in the public street must ascertain for themselves the location
of all water service connection pipes. Where they are removed, cut
or damaged in the construction or repair of a sewer, drain, gas main
or conduit or in connection with any other underground excavation
work, such person or contractor must, at his own expense, cause them
to be replaced or repaired in accordance with the requirements of,
or directly by, the Water Department promptly and he must at once
notify the Water Department of the interruption of service and must
reimburse the Department for any expense to it in providing temporary
service and in restoring regular service.
A.
The Water Department will operate, maintain and, where
necessary, replace all existing mains and appurtenances, fire hydrants
and other facilities within the territory of any street or any easement
that is under the jurisdiction of the Water District, except that
repair or damage resulting from collision or any other external cause
shall be paid for by the person causing such damage.
B.
The Water Department will operate, maintain and, where
necessary, replace all existing mains and appurtenances, fire hydrants
and other facilities up to and including the curb stop, except that
repair or damage resulting from collision or any other external causes
shall be paid for by the person causing such damage. From the curb
stop to and including interior plumbing shall be deemed private lines
and shall be maintained by the property owner. Cost of said repair
will be actual cost of parts and labor, plus 15% for overhead, and
any responsible person shall, when possible, be notified of said repairs
and estimated cost.
[Amended 12-15-1993 by L.L. No. 13-1993]
C.
Water Department personnel shall repair and restore
all lands disrupted in maintaining town water lines as quickly as
weather and natural conditions permit.
[Added 12-15-1993 by L.L. No. 13-1993]
D.
All reports of damage by Water Department personnel
shall be reported within 60 days of damage. After that period of time,
the Water Department may or may not accept responsibility for damage
and repairs.
[Added 12-15-1993 by L.L. No. 13-1993]
No unauthorized person shall open or close any
valve, hydrant or curb cock or interfere or meddle with any hydrant,
valve, pipe or main, curb cock, meter or other fixture or appurtenance
connected with the water system of the town. The Water Department
shall control all mains, taps, gate valves, street service connections,
curb stop cocks, curb and gate valve boxes and meters and may, whenever
such facilities are operated or interfered with in any way in violation
of this chapter, discontinue the water service to the premises involved,
which action shall be in addition to the penalties provided for by
this chapter. No person shall, except with a permit from the Water
Department, allow contractors, masons or other unauthorized persons
to take water from his premises or operate any valve connected with
the distribution system.
Fire hydrants are, except under special circumstances,
and with permission of the Water Department, for the sole use of the
various fire companies of the town furnishing fire protection service.
Tampering with any fire hydrant or the unauthorized use of water therefrom
is a violation of this chapter. In cases where no other supply is
available, permission may be granted by the Water Department for temporary
use of the hydrant. Permits for the use of hydrants for filling sprinklers,
sweepers, sprayers, swimming pools and other equipment apply only
to such hydrants as are designated for such use. Such permit shall
be granted for such time, under such conditions and for such fee as
the Water Department shall prescribe, consistent with the paramount
purposes of hydrants as instruments of public fire protection. If
a property owner or other party desires a change in the location of
a fire hydrant, he shall bear all costs of such change. Any change
in location of a fire hydrant must be approved and the work done by
the Water Department.
The town and the Water District make no guaranty
as to the amount or consistency of pressure or volume of the water
it furnishes and will not under any circumstances be responsible for
any loss or damage from any excess, deficiency or variation in the
pressure, volume or supply of water or for loss or damage caused by
water escaping from or obstructions in a service line, due to frost
or any other cause, or for any loss or damage as a result of water
escaping from laterals, fixtures, appliances or pipes owned by consumers.
The Water Department shall have the right to shut off the water in
the mains temporarily to make repairs, alterations or additions to
the plant or system, but the district will not be responsible for
damages resulting directly or indirectly from any interruption of
the water supply. When it becomes necessary to shut off the water
from any section of the water system, the Water Department will endeavor
to give notice to as many of the consumers affected thereby as time
will permit and will, so far as practicable, use its best efforts
to prevent inconvenience and damage, but failure to give such notice
shall not make the town or district responsible or liable for any
damages that may result, either directly or indirectly, from shutting
off the water.
In cases where boilers or other appliances in
a premises depend upon the pressure in the service line to keep them
supplied with water, the owner or occupant shall place suitable safety
devices to guard against the possibility of collapse or explosion
when the water supply is interrupted. Likewise, such owner or occupant
shall protect water-cooled compressors for refrigeration systems by
means of high-pressure safety cutout devices and shall provide means
for the prevention of the transmission of a water hammer or noise
of operation of any valve or appliance through his piping to any adjacent
premises. Failure of the owner or occupant to provide such safety
devices shall in no way make the town responsible for any resulting
damage.
The Water Department shall have the right to
curtail the amount of water supplied in the event that its supply
becomes limited. The Water Department, in case of a shortage of water,
may limit or prohibit the use of water for sprinkling of lawns or
gardens or for any purpose not deemed necessary for the maintenance
of public health. Where water is wastefully or negligently used on
a consumer's premises, seriously affecting the general service, the
Water Department may discontinue the service of such premises if conditions
are not corrected within 24 hours after giving such customer written
notice, or, if an emergency exists, it may discontinue service without
notice.
[Amended 12-15-1993 by L.L. No. 13-1993]
Before any road, on a subdivision or otherwise,
shall be accepted by the Town Board as a town highway, the person
offering such road to the town shall install in the right-of-way along
such road, and not under paved sidewalks, water pipes or mains, taps,
service lines and appurtenances sufficient to provide water service
for any and all dwellings or structures proposed to be erected along
such road, of not less than eight inches, and with adequate hydrants
approved by the Town Board. In lieu thereof, and in addition to any
other deposit or security for the installation of such road, the Town
Board may require a deposit or security for the installation of such
pipes or mains.
A.
The purpose of these regulations is to:
(1)
Protect the public water supply against actual
or potential cross-connections by isolating within the premises contamination
or pollution that may occur because of some undiscovered or unauthorized
cross-connection on the premises.
(2)
Eliminate existing connections between drinking
water systems and other sources of water that are not approved as
safe and potable for human consumption.
(3)
Eliminate cross-connections between drinking
water systems and other sources of water that are not approved as
safe and potable for human consumption.
(4)
Prevent the making of cross-connections in the
future.
B.
AIR GAP SEPARATION
APPROVED
AUXILIARY WATER SUPPLY
BACKFLOW
BACKFLOW PREVENTER
BACKSIPHONAGE
CERTIFIED BACKFLOW-PREVENTION DEVICE TESTER
CHECK VALVE
CONTAMINATION
CROSS-CONNECTION
DOUBLE CHECK VALVE ASSEMBLY
HAZARD, HEALTH
POLLUTION
REDUCED-PRESSURE PRINCIPAL BACKFLOW PREVENTER
SURGE TANK
WATER, NONPOTABLE
WATER, POTABLE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The unobstructed vertical distance through the free atmosphere
between the lowest opening from any pipe or faucet supplying water
to a tank, plumbing fixture or other device and the flood-level rim
of the receptacle. The air gap shall be at least double the diameter
of the supply pipe of the faucet, measured vertically above the floor-level
rim of the receptacle, but not less than one inch.
Accepted by the New York State Department of Health.
Any water source or system other than the public water supply
that may be available in the building or premises.
The flow of water or other liquids, mixtures or substances
into the distributing pipes of a potable supply of water from any
source or sources other than its intended source. Backsiphonage is
one type of "backflow."
A device or means to prevent backflow.
Backflow resulting from negative pressure in the distributing
pipes of a potable water supply.
A person who is examined annually by the water district and
found competent in the testing of backflow-prevention devices. Said
person shall be provided with an appropriate identification card,
renewable annually. Failure to perform duties competently and conscientiously
will result in the expeditious withdrawal of certification. Said person
is one who has taken and successfully completed a backflow-prevention
course approved by the New York State Department of Health.
A self-closing device which is designed to permit the flow
of liquids in one direction and to close if there is a reversal of
flow.
See "pollution."
Any physical connection between a potable water supply and
any waster pipe, soil pipe, sewer, drain or any unapproved source
or system. Furthermore, it is any potable water supply outlet which
is submerged in wastewater and/or any other source of contamination.
See "backflow" and "backsiphonage."
An assembly of at least two independently acting acceptable
check valves, including tightly closing shutoff valves located at
each end of the assembly with suitable connections for testing the
water tightness of each check valve.
Any conditions, devices or practices in the water supply
system and its operation which create or, in the judgment of the Water
District, may create a danger to the health and well-being of the
water consumer. An example of a "health hazard" is a structural defect
in the water supply system, whether of location, design or construction,
that regularly or occasionally may prevent satisfactory purification
of the water supply or cause it to be polluted from extraneous sources.
The presence of any foreign substance (organic, inorganic,
radiological or biological) in water that tends to degrade its quality
so as to constitute a hazard or impair the usefulness of the water.
An assembly of two independently acting acceptable check
valves, together with an automatically operating pressure differential
relief valve between the two check valves. The assembly shall include
tightly closing shutoff valves located at each end of the assembly
and suitable connections for testing the water tightness of each valve.
The receiving, nonpressure vessel forming part of the air
gap separation between a potable and auxiliary supply.
Water that is not safe for human consumption or that is of
questionable potability.
Water free from impurities in amounts sufficient to cause
disease or harmful physiological effects. Its bacteriological and
chemical quality shall conform to the requirements of the Erie County
Health Department and the New York State Department of Health.
C.
Protection of public water system at service connection.
(1)
Where protection is required.
(a)
Each service connection from a public water
system for supplying water to premises having an auxiliary water supply
shall be protected against the backflow of water from the premises
into the public water system.
(b)
Each service connection from a public water
system for supplying water to premises on which any substance is handled
under pressure in such fashion as to permit entry into the water system
shall be protected against backflow of the water from the premises
into the public system. This shall include the handling of process
waters and waters originating from the public water supply system
which have been subject to deterioration in sanitary quality.
(c)
Each service connection from a public water
system for supplying water to premises on which a substance of usually
toxic concentration or danger to health is handled in liquid form,
even though it is not under pressure, shall be protected against the
backflow of water from premises into the public water system. Examples
are plating factories using cyanide and hospitals.
(d)
Backflow-prevention devices shall be installed
on the service connection to any premises that have actual or potential
internal cross-connections.
(e)
Backflow-prevention devices shall be installed
on the service connection to any premises in which the District is
not allowed to fully and completely review all processes within the
facility.
(f)
If the Water Department determines at any time that an immediate
threat to the public health exists, the water service may be terminated.
[Added 12-2-2009 by L.L. No. 3-2009]
(2)
Type of protection. The protective device required
shall depend on the degree of hazard as tabulated below:
[Amended 12-2-2009 by L.L. No. 3-2009]
(a)
At the service connection to any premises on which a substance
that would be aesthetically objectionable (but not necessarily hazardous
to health), the public water supply shall be protected by an air gap
separation or a reduced-pressure principal backflow preventer. No
unauthorized modifications to the approved design are allowed. The
air gap separation or reduced-pressure principal backflow preventer
shall be installed adjacent to the water meter.
(b)
Each manufactured housing development (more than one manufactured
housing unit located on the same parcel) shall have a master air gap
separation or reduced-pressure principal backflow preventer device
at its connection to the public water supply at the master meter.
(c)
Apartment complexes or buildings that have four or more units
or buildings shall have a master air gap separation or reduced-pressure
principal backflow preventer device at its connection to the public
water supply at the master meter.
(d)
At the service connection to any premises on which there is
an auxiliary water supply meeting the New York State drinking water
standards, the public water supply system shall be protected by an
air gap separation or reduced-pressure principal backflow preventer.
No unauthorized modifications to the approved design are allowed.
The air gap shall be located as close as practicable to the water
meter, and all piping between the water meter and the surge tank shall
be entirely visible.
(e)
At the service connection to any premises on which there is
an auxiliary water supply not meeting the New York State drinking
water standards, the public water supply system shall be protected
by an air gap separation or an approved reduced-pressure principal
backflow-prevention device. No unauthorized modifications to the approved
design are allowed. The air gap shall be located as close as practicable
to the water meter, and all piping between the water meter and the
surge tank shall be entirely visible.
(f)
At the service connection to any premises on which any material
dangerous to health or toxic substance in toxic concentration is or
may be handled under pressure, the public water supply shall be protected
by an air gap separation. No unauthorized modifications to the approved
design are allowed. The air gap shall be located as close as practicable
to the water meter and all piping between the water meter and surge
tank shall be entirely visible. If these conditions cannot be reasonably
met, the public water supply shall be protected with an approved reduced-pressure
principal backflow-prevention device, provided that the alternative
is acceptable to the Water Department.
(g)
At the service connection to any premises on which any material
dangerous to health or toxic substance in toxic concentration is or
may be handled but not under pressure, the public water supply shall
be protected by an air gap separation or an approved reduced-pressure
principal backflow-prevention device. No unauthorized modifications
to the approved design are allowed. The air gap shall be located as
close as practicable to the water meter and all piping between the
water meter and surge tank shall be entirely visible.
(h)
At the service connection to any sewage treatment plant or sewage
pumping station, the public water supply shall be protected by an
air gap separation. The air gap shall be located as close as practicable
to the water meter, and all piping between the water meter and the
surge tank shall be entirely visible. If these conditions cannot be
reasonably met, the public water supply shall be protected with an
approved reduced-pressure principal backflow-prevention device, provided
that this alternative is acceptable to the Water Department.
(i)
At the service connection to any premises where the Water Department
is not allowed to fully and completely review all processes within
the facility, the public water supply system shall be protected by
an air gap separation or an approved reduced-pressure principal backflow-prevention
device. The air gap shall be located as close as practicable to the
water meter and all piping between the water meter and surge tank
shall be entirely visible.
(j)
The only facilities considered to be nonhazardous are private
homes and dry commercial buildings with no complex plumbing systems.
(3)
Inspection:
[Amended 12-2-2009 by L.L. No. 3-2009]
(a)
Frequency of inspection of protective devices. It shall be the
duty of the water user on any premises on account of which backflow-protection
devices are installed to have competent inspections made at least
once a year or more often in those instances where successive inspections
indicate repaired failure, or otherwise required by the Town. To ensure
proper operation, these devices shall be repaired, overhauled or replaced
at the expense of the water user whenever they are found to be defective.
These tests shall be performed by a certified backflow-prevention
device tester, and all test results and repairs shall be delivered
to the Water Department within 72 hours after the test is made. If
a water user does not comply within the deadline of the test due date,
water service may be terminated.
(b)
Any backflow device which fails a test must be repaired or replaced.
Upon completion of repairs or replacement, the backflow prevention
device must be retested by a certified tester to ensure proper operation.
High hazard situations will not be allowed to continue operation unprotected
if the backflow preventer fails the periodic test and cannot be repaired
or replaced immediately. Parallel installation of multiple backflow
prevention devices is recommended where uninterrupted services are
required.
(4)
Water user responsibility.
[Added 12-2-2009 by L.L. No. 3-2009]
(a)
The water user will provide the Water Department any and all
information concerning facilities, process, water usage, existing
backflow prevention devices and other information as required by the
Town.
(b)
The water user will be responsible for the elimination or protection
of all potential cross connections on his premises.
(c)
The water user will not be allowed to cross connect a private
well supply to the public potable water supply.
(5)
Existing backflow prevention devices in service. Existing backflow
preventers will be allowed to continue in service if the existing
backflow prevention device is determined to be adequate and effective
protection for the degree of hazard of the premises. All periodic
testing and maintenance records of existing backflow prevention devices
must be made available to the Water Department upon request.
[Added 12-2-2009 by L.L. No. 3-2009]
(6)
Existing facilities without backflow prevention devices. Existing facilities that currently do not have backflow prevention devices but meet the criteria of § 196-40.1 are required to comply, with this section of this chapter. There is no grandfathering of facilities allowed under this chapter.
[Added 12-2-2009 by L.L. No. 3-2009]
(7)
Enforcement and penalties.
[Added 12-2-2009 by L.L. No. 3-2009]
(a)
Failure, refusal or inability on the part of the water user
to comply with these requirements will result in denial of new service
requests for the new water users and termination of service for existing
water users as provided in this chapter.
(b)
Penalties for offenses. Any person violating any provision of
this chapter shall be guilty of a violation and, upon conviction thereof,
shall be punished by a fine not to exceed the sum of $250 and/or imprisonment
for no more than 15 days, or both. Each day shall constitute a separate
and distinct offense, punishable by a like fine or penalty as herein
set forth.
(c)
Correction and/or remediation of defects.
[1]
In addition to any other provisions of this chapter,
whenever a condition shall be observed to exist on any premises or
property within the Town receiving water service which is the subject
of this chapter which condition is in violation of any of the provisions
of this chapter, a notice of such violation and/or defect may be issued
to the person, persons or parties owning the premises as shown on
the tax records of the Town, or as otherwise may be determined.
[2]
Said notice shall state the conditions or defects
which must be corrected, the manner in which the stated conditions
or defects are to be corrected and the time within which the same
must be corrected which shall not be less than 15 nor more than 60
days following the date of delivery of mailing of the notice. The
Water Department may in the discretion of the same grant the consumer
an extension of time within which such conditions or defects must
be corrected.
[3]
The notice shall be given by delivering to said
owner of premises, or to any person in charge of or employed in the
place of business of the owner, or, if the owner has no place of business,
then at the place of residence of the owner, if known, or by leaving
the notice at either the place of business or the residence of the
owner. If the owner cannot be found, service of the notice may be
mailed, postage fully prepaid, addressed to the owner at the place
of business or residence set forth in the records of the Town or of
the Water Department.
[4]
If such conditions or defects are not corrected
within such period specified in said notice, the Water Department
may take such action as may be required to cause such conditions or
defects to be corrected.
[5]
Charges for remediation.
[a]
Whenever the Water Department or the Town takes
action in accordance with this chapter to cause a correction of conditions
or defects in violation of any of the provisions of this chapter,
which conditions or defects in violation have not been corrected by
the person, persons, party or parties notified of such conditions
or defects or violations, and the Water Authority or Town incurs costs
for such remediation and/or correction of such defects, conditions
or violations, the Town Board shall audit the costs and expenses of
such remediation and assess the expense thereof against the property
benefited which assessment shall be in addition to any penalties otherwise
imposed for any violation of the terms and provisions of this chapter,
in an amount, referred to as the "charge for remediation," as follows:
[i]
The cost of labor, machinery and materials of the
Town or the cost of services of an independent contractor; in addition,
a surcharge of 25% of the above cost or $150, whatever is greater,
to reimburse the Town for the cost of supervision and administration.
[ii]
Such charge for remediation shall be borne entirely
by the owner of such premises or property and responsible for the
payment of the real property taxes assessed as above.
[iii]
A written statement specifying such charge for
remediation shall be delivered to the owner of such premises or property
at the time of such remediation set forth in the latest completed
assessment roll of the Town at the time of the completion of such
remediation.
[iv]
Delivery of such written statement specifying
such charge for remediation shall be deemed to be complete upon personal
delivery as defined by the Civil Procedure Law and Rules of the State
of New York, or by mailing, by regular mail, a copy of the same to
the person shown to be the owner of such premises or property at the
time of remediation, as shown by the aforesaid assessment roll, and
the twenty-day period within which the same is to be paid shall commence
to run upon the filing in the Office of the Town Clerk of the affidavit
of personal service, or an affidavit of mailing, of such statement
of such charge for remediation.
[b]
Manner of payment. Following the delivery of such
written statement specifying such aforesaid charge for remediation,
the following payment options shall be available to the affected property
owners:
[Amended 6-15-2011 by L.L. No. 2-2011]
[i]
Payment in full without penalty at any time within
30 days of delivery of the aforesaid written statement; or
[ii]
Payment in equal annual installments divided over
the life use of the project, as determined by bond counsel and/or
the Town Engineer and/or the Town Attorney, of principal plus interest
due on the anniversary of the delivery of such written statement.
The rate of interest charged shall be equal to the rate of interest
of the serial bonds, plus 1/2%, issued in order to finance improvements
to the water system authorized from time to time by the action of
the Town Board. Annual installments shall be included as a separate
item on the Town tax roll and shall constitute a lien on the premises
and property so taxed with the same force and effect as such real
property tax imposes.
[Amended 9-21-2016 by L.L. No. 7-2016]
[iii]
If the owner elects neither option above, the
total amount will be transferred to the next Town tax roll and shall
constitute a lien on the premises and property so taxed with the same
force and effect as such real property tax imposes.
[c]
The provisions hereof shall be in addition to any
penalty for violation of any other provision of the Town Code of the
Town of Evans.
(d)
Notwithstanding, the remedies and penalties hereinabove provided,
the Town or the Water Department may maintain an action or proceeding
in any court of competent jurisdiction to compel compliance with,
or to restrain by injunction the violation of, any provision of this
chapter.
(e)
The foregoing provisions for enforcement of the regulations
in this chapter are not exclusive but are in addition to any and all
laws applicable thereto.
For the purpose of carrying out the purposes
and provisions of this chapter, the Water Department may prepare other
rules and regulations not inconsistent with the specific provisions
hereof which shall be complied with by all applicants for water service
and users thereof. Such rules and regulations and subsequent changes
and amendments to this chapter shall be approved by the Town Board
and be filed with the Town Clerk and be available for the guidance
of all such applicants and users. Any person objecting to the provisions
of any such rules and regulations may file such objection with the
Town Board, which shall determine the effect thereof.
