[HISTORY: Adopted by the Town Board of the Town of Ithaca 8-23-1976 by L.L. No. 2-1976. Amendments noted where applicable.]
- CHARGE or CHARGES
- Includes any surcharges which may be established under this chapter.
- The Southern Cayuga Lake Intermunicipal Water Commission unless otherwise expressly stated.
- CONTRACTING MUNICIPALITY
- Any municipality, public authority, public agency or public benefit corporation with whom the Town contracts to deliver, receive, treat and distribute a supply of water.
- DWELLING UNIT
- A dwelling, or portion of a dwelling, providing complete living facilities for one family.
- MUNICIPAL WATER SYSTEM (also referred to herein as "waterworks system" or "water system")
- The water system, or any portion thereof, either separately owned, operated, and maintained by the Town of Ithaca or owned, operated, and maintained jointly with other municipalities and administered by the Southern Cayuga Lake Intermunicipal Water Commission, and shall include all component parts and facilities thereof including, without limitation, reservoirs, mains, pipes, treatment plants, storage tanks, intake facilities and all other appurtenances which are used or useful in whole or in part for the collection, impounding, treatment or distribution of water.
- WATER RATE
- The water rent, rate, charge, or surcharge imposed or levied by the Town of Ithaca, New York, for the use of water through the municipal water system.
All revenues imposed hereunder, together with all interest and penalties thereon, shall be designated in such manner as to identify them as water revenue funds. All such revenues derived from such water service and operation of the water system shall be applied towards the payment of the cost of operation and maintenance of the waterworks system and the facilities, extensions and improvements thereof, and toward the payment of the cost of construction thereof including the payment of principal and interest on outstanding serial bonds or other obligations issued or incurred in connection with such waterworks system.
[Amended 9-11-1978 by L.L. No. 1-1978; 12-7-2009 by L.L. No. 26-2009]
The Town Board shall set from time to time by resolution the schedule of water rates, rents or charges for the use of water and for the purposes hereinabove set forth.
Notwithstanding the provisions of the schedule of water rates, rents or charges set by the Town Board, if there are existing contracts between a bulk user and the Town pursuant to which the Town, for other considerations, agreed to charge a water rate different than that required by the schedule, the Town may continue to honor such contracts at the rates therein prescribed or at such other rates as may be agreed to between the Town of Ithaca and the other contract party. Nothing in this subsection shall preclude the Town, if it deems it advisable, from charging said bulk user the rates that would otherwise be required by the schedule.
All water rates and charges due hereunder shall be paid to the Town Clerk of the Town of Ithaca at the Town offices at 215 North Tioga Street, Ithaca, New York.
The Town Clerk or other person authorized by the Town Board shall keep a record of all properties within the Town of Ithaca which are connected to the municipal water system and the municipal sewer system and bills shall be mailed to the owner or any other person to whom a water bill is addressed, billed or mailed by the Town and at the address appearing on said bill. The failure of any person to receive a bill shall not excuse nonpayment thereof, nor shall it operate as a waiver of the penalty herein prescribed. Notwithstanding any other provision in this chapter, all water rates, charges, including surcharges, or other fees relating to water service, shall be a charge against the owner of the premises connected with the municipal water system, and such owner shall be liable for the payment of all such rates and charges, including penalties and interest.
If water rates or other charges payable under this chapter are not paid within 30 days from the date on which they are due, an additional charge or penalty of 10% shall be added to the water rates or charges due. For this purpose, the date on which such rates are deemed due is the date on which the bill is issued or, if no bill is issued the 15th day following the close of each calendar quarter during which water was consumed (i.e., the due date for water rates relating to water consumed in the first calendar quarter of the year shall be April 15). The Town Supervisor, or other person designated by the Supervisor, in the event such rates or charges are not paid within 60 days from the date on which they are due, may cause a notice to be delivered or mailed to the owner or to any other person designated by the owner, addressed to the address to which bills are to be sent, and to the occupant of the premises, addressed at the premises, stating the amount due and demanding payment thereof within a period of at least 10 days of the date of the notice and stating that if such payment is not made, the water service may be discontinued, without further notice, and, at the expiration of such period the Town Supervisor, or any employee or officer of the Town or of any contracting municipality or the Commission, designated by the Supervisor or the Town Board, may enter on said premises and cause the water service to be disconnected. In addition to any other charges due to the Commission or Town, there shall also be due to the Town a charge for disconnecting and a charge for reconnecting such water service. Such charges shall be set from time to time by Town Board resolution
[Amended 8-11-1997 by L.L. No. 3-1997; 12-7-2009 by L.L. No. 26-2009]
Water rates and charges, including any surcharges thereto, shall constitute a lien on the real property served by the water system and shall be a charge against the owner or agent of such real property. The priority of such lien, and the enforcement and collection thereof and of such rates and charges shall be in accordance with Subdivision 3(d) of § 198 of the Town Law and in accordance with all other provisions of the Town Law and Tax Law of the State of New York, and this chapter, not inconsistent with the said subdivision and section. All delinquent accounts for the payment of water rates and other charges hereunder which remain unpaid as of the end of each year shall be placed on the tax roll for collection in accordance with the provisions of § 198 of the Town Law or other applicable provisions of law. For purposes of providing the information required to implement the provisions of § 198, Subdivision 3(d), of the Town Law, the Town Clerk shall, no later than November 1 of each year provide the statements showing unpaid water charges as of the immediately preceding October 15, which statements shall contain the information and be utilized as set forth in § 198, Subdivision 3(d), of the Town Law. Failure to provide the statements by such date, or to include all unpaid water rates as of said October 15, shall not invalidate any amounts that are included on a subsequently supplied statement nor shall it invalidate the levy of any unpaid water rates on any tax bill.
[Amended 8-11-1997 by L.L. No. 3-1997]
Real property shall be deemed to include all property, dwelling units or other structures which i) are connected with the water system or ii) are not connected with the water system but which can be connected by a building lateral running from any structure on said premises to a transmission main or lateral in an adjacent public street, alley, or thoroughfare, or in a public easement running to such premises from any such transmission main or lateral, or iii) are not connected with the water system but for which the Town has agreed to accept an easement on such premises and to construct, at public expense, a water main in such easement to a point which is either the point of connection of any building lateral with a public water main serving such premises prior to the construction of the Southern Cayuga Lake Intermunicipal water system or a point on such premises which is no closer than 50 feet to the foundation wall of any building on such premises which is to be connected with the water system.
If the property is not connected to the municipal water system, then the Town Board or the Town Supervisor or other Town officer or employee shall determine:
The quarterly water bill for said property which shall be the average amount paid by owners or users of a representative number of structures of comparable size, water use or occupancy; or
A minimum sum of dollars for each structure, or if a dwelling unit is contained on said structure, a minimum of $1 for each separate dwelling unit in said structure;
To enforce the collection of water rates or other charges of fees due under this chapter, including all interest and penalties, the Town may bring an action as upon contract for such water rates, charges and other sums, or to foreclose liens for water rates and such charges; in addition, all such unpaid charges and rates may be collected and enforced as provided for in Subdivision 3(d) of § 198 of the Town Law. The Town may pursue any one or more of the aforesaid remedies, separately or simultaneously until all sums due to the Town have been collected in full.
Any costs and expenses or other charges other than those hereinbefore described, incurred by the Town because of any repair or other work to the water system or otherwise for which the owner of any property served by or connected with the water system is obligated under this chapter or any rule, regulation, resolution or other ordinance, statute or provision of law, shall be collected in the manner provided for the collection of water rates in this chapter, and shall be a lien upon the property and enforceable in accordance with the provisions of this chapter or any other applicable provision of law.
Any duly authorized officer, employee, contractor, or agent of the Town or other person duly authorized by the Town Supervisor, the Town Board or by the Commission shall be permitted to enter on any property at reasonable hours for the purpose of reading meters, or inspecting, disconnecting, repairing or replacing the same or for any other purpose reasonably necessary to carry out the provisions or purposes of this chapter.
Each property owner shall comply with all laws, ordinances, rules and regulations of i) the Town of Ithaca and, when not inconsistent with the foregoing, or ii) the Commission and any contracting municipality pertaining to and applicable to consumers of water in the Town of Ithaca.
No person, association, corporation or any other group of persons shall i) connect with or use the Town water system without applying for and obtaining a permit from the Town Clerk and such other person or agency designated by the Town Board, and ii) install, repair, alter, or otherwise tamper with a water meter unless authorized by the Town Supervisor, Town Board or the Commission, or unless such work is done pursuant to a permit.
No such permit shall be issued unless a valid building permit has been granted or the erection of any structure for which the water connection is sought, whether such structure has been heretofore or hereinafter erected, or a valid certificate of occupancy or certificate of compliance has been issued.
[Amended 5-12-2014 by L.L. No. 8-2014]
Any duly authorized officer or employee of the Town may refuse to issue such permit or may revoke such a permit unless a valid building permit or certificate of occupancy or certificate of compliance is issued and delivered to such officer or employee.
[Amended 5-12-2014 by L.L. No. 8-2014]
The violation of each provision of §§ 261-7 and 261-8 of this chapter shall constitute a violation. The punishment for each such violation shall be a fine not exceeding $100 for each such separate violation of the provisions of said sections or imprisonment for a period of not more than 30 days, or both. The Town may also proceed to recover a civil penalty in the amount of $100 for the violation of each such separate provision of the aforesaid sections. The Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of, any such provisions of the aforesaid sections.
The prior ordinance and regulations adopted July 10, 1972, as they may have been amended, are hereby repealed.
Editor’s Note: Schedule A, Water Rate Schedule, as amended, which immediately followed this section, was repealed 12-7-2009 by L.L. No. 26-2009; said local law also provided for an effective date of 1-1-2010.