Town of Wilson, NY
Niagara County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Wilson 7-28-1980 by L.L. No. 4-1980. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 51.
Fire prevention and building construction administration — See Ch. 71.
Mobile homes — See Ch. 90.
Sewers — See Ch. 105.
Subdivision of land — See Ch. 112.
A. 
"Customer" as used herein shall be the party contracting for service to a property as herein classified:
(1) 
A building under one roof owned by one party and occupied as one business or residence.
(2) 
A combination of buildings owned by one party in one common enclosure occupied by one family or business.
(3) 
A building owned by one party, having a number of apartments or offices and using in common one hall and one or more means of entrance.
(4) 
The one side of a double house having a solid vertical partition wall.
B. 
Wherever there is a separate tenant or a separate business on any property, each tenant and each different type of business shall be treated and regarded as separate customers, subject to the minimum schedule of rates; however there shall be not more than one meter per service line.
C. 
Each customer will be supplied through a separate meter wherever practical, except in the case of Subsection A(3), as above defined. Should the owner desire that the Town Board deal with the tenant in the case of Subsection A(3), he must first provide means of controlling the supply and housing the metering device for each tenant, the controlling devices to be outside of the building and the measuring devices or meter to be properly housed either outside of or within the building.
A. 
Water service at any time is furnished only in accord with the currently prevailing rates and rules and regulations of the Water District, which are made a part of every application, contract, agreement or license entered into between the property owner or customer and the Water District. Any future modification of rates, rules or regulations shall apply to those who are receiving service at the time such amendments or modifications may be adopted by the Water District.
B. 
The Water District reserves the right to change or amend from time to time these rules and regulations and the rates for the use of water.
C. 
The Town and/or Water District shall not be liable for any damage resulting from leaks, broken pipes or from any other cause, occurring to or within or without any house or building, and it is expressly stipulated by and between the Water District and the consumer that no claim shall be made against said Town and/or Water District on account of the bursting or breaking of any main or service pipe or any attachment to said waterworks.
D. 
The Town and/or Water District shall not be liable for any deficiency or failure in the supply when occasioned by shutting off water to make repairs or connections or by failure from any cause beyond control.
E. 
The Water District reserves the right to restrict the supply of water whenever the public welfare may require it, as the Water District may determine. 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 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.
F. 
No connection or outlet will be permitted on the service pipe or pipes supplying any premises between the street main and the meter. All water used must pass through the meter.
G. 
The Water District may elect not to install water mains or service lines after November 15 of each year. This rule may be waived by the Water District in case of an emergency or necessity.
H. 
No water will be furnished to any premises where any possibility exists of the mingling of the water furnished by the Water District with water from any other source, nor will the Water District permit its mains or service pipe to be connected in any way to any piping, tank, vat or other apparatus containing liquids, chemicals or any other matter which may flow back into the Water District's service pipes or mains and consequently endanger the water supply. An exception may be made to this rule at the option of the Water District, provided that proper safeguards are installed which shall be inspected and have the approval of the Water District, insurance underwriters and the State Board of Health.
I. 
All water passing through a meter shall be charged for at the regular rate, and no allowance will be made for excessive consumption due to leaks or waste.
J. 
Turning on of water into any premises for any purpose by anyone excepting a representative of the Water District is prohibited.
K. 
The Water District, inspector, meter reader or other properly authorized representative shall have access at all reasonable hours to the premises supplied for the purpose of setting, reading, repairing or removing meters or for making necessary inspections.
L. 
The Water District will presume service being rendered from the time the water turned on upon request of a customer until the customer gives written notice, on forms provided by the Water District, to the Water District to discontinue the service, and charges will be made accordingly.
M. 
Customers will not be permitted to supply water to any premises other than that mentioned in the application, agreement or contract without permission from the Water District.
N. 
The Water District reserves the right to shut off the water in the mains at any time for the purpose of making repairs or extensions or for other necessary purposes and will, where possible, give due notice, except in cases of breaks and emergencies. It is expressly agreed that the Water District will not be responsible for any damages resulting directly or indirectly from any interruption of the water supply. 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 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.
O. 
Delinquency in payment of water bills or any violation of the rules and regulations of the Water District will result in the discontinuing of service, for which a charge of $4 shall be made to cover the cost of turning the water off. An additional charge of $4 shall be made for renewal of water service to the premises. All such charges and delinquencies are payable before service is resumed to the premises. A similar charge of $4 shall be made to cover the cost of making a trip to the customer's premises for the effort to collect a delinquent bill.
P. 
Parties desiring a small amount of water or service for but a short time or where the rendering of such service will require the attention of an employee of the Water District will be charged rates fixed by the Water District in keeping with the service rendered.
Q. 
Contractors desiring water for building purposes will be required to make application for same at the Water District.
R. 
Water for building purposes will be sold by meter measurement or flat rate, as may be deemed most consistent.
S. 
Water service of any class may be discontinued for a violation of any provision of the application or contract or any rule or regulation of the Water District.
T. 
Emergency service may be furnished temporarily at the discretion of the Water District in any case not covered under the schedule of rates in the manner and at a charge to be determined by the Water District. The Water District shall determine the charges and rates in special cases to cover unusual conditions or types of services not contemplated in these rules and regulations or in the rates and charges set by the Water District for regular use.
Service under an application may be discontinued for any of the following reasons or as provided in § 124-25.
A. 
For misrepresentation in an application as to property or fixtures to be supplied or the use to be made of the water supply.
B. 
For the use of water for any other property or purpose than that described in the application.
C. 
For waste of water through improper or imperfect pipes, fixtures or otherwise.
D. 
For failure to maintain in good order connections, service lines or fixtures beyond the curb and owned by the applicant.
E. 
For molesting any service pipe, meter, curb stop, seal, valves or any other appliance or installation of the Water District.
F. 
In case of vacancy of the premises.
G. 
For violation of any rules of the Water District.
H. 
For neglecting to make payments of any charges against the property.
I. 
For refusal of access to the property for the purpose of inspecting or for reading, caring for or removing meters.
J. 
The Water District shall have the right to cut off the water without notice in case of breakdowns or for other unavoidable causes or for the purpose of making necessary repairs, connections, etc. Reasonable notice will be given when practicable. In no case shall the Town or Water District be liable for any damage or inconvenience suffered.
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 right-of-way must ascertain for themselves the location of all mains, pipes or appurtenances. Where any of these 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 promptly, and he must, at once, notify the Water District of the interruption of service and must reimburse the Water District for any expense to it in providing temporary service and in restoring regular service.
A. 
All persons are forbidden to open any fire hydrant or to use any water therefrom for sprinkling streets, for building or any purpose without permission, in writing, from the Water District, under the penalty described by law, except in the case of fire and by fire companies to test the hydrants. Such tests shall be performed directly under the supervision of any authorized agent of the Water District. 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 District.
B. 
The Town Board is hereby authorized to allow the use of hydrants for irrigation purposes upon the adoption of an appropriate resolution therefor, provided that the customer purchases a three-inch water meter approved by the Water District Superintendent, and provided further that such meter thereafter shall be used exclusively within the Town of Wilson for irrigation purposes.
The Town Board and/or Water District shall be under no obligation at any time to make any extensions of its then existing waterlines but may do so, upon the written request of one or more prospective customers, either wholly or in part at the expense of said customers or customer and in conformity with existing law.
A. 
The Water District shall cause all meters to be tested periodically without charge to the consumer.
B. 
Should any customer of the Water District doubt the correctness of the water meter readings for said customer at any time, the customer may have said meter tested, upon written application to the Water District and by making a deposit, as indicated by the following schedule, to defray the cost of said extra meter test. Should the accuracy test show the meter in question to be correct within 4% as prescribed by general practice, the customer shall bear the cost of said test. On the other hand, should the test show said meter to be registering incorrectly beyond 4% of the accurate amount, the required deposit shall be refunded, the account adjusted accordingly, and the entire cost of the test in this latter event shall be borne by the Water District. In the event that the incorrect registration exceeds, plus or minus, 4%, water consumption for the preceding six months will be adjusted, and either a supplemental bill will be rendered or a refund made, as applicable.
C. 
The following deposits are required with a request for a meter test, as follows:
(1) 
Five-eighths-inch to one-inch meters: $5.
(2) 
One-and-one-fourth-inch to two-inch meters: $10.
(3) 
Three-inch meters: $25.
(4) 
Four-inch meters: $25.
(5) 
Five-inch meters: $50.
A. 
All meters will be read and bills rendered at least quarterly. However, as to some meters, special circumstances may require more frequent readings and billing, and this will be done if deemed to be in the best interest of the Water District. All bills are payable at the Water District office or at other places that may be designated by the Water District for the convenience of the customer. If a meter is found stopped at any meter-reading period, the bill will be estimated from similar preceding or subsequent periods. All bills for general water service are due and payable upon receipt of the bill and are payable at face for a period of 30 days following the date of the bill. Thereafter such bills are payable at face plus a penalty of 10%. The supply of water may be cut off if such water charges are not paid within 60 days from the date of the bill.
B. 
Estimated water readings. If water meter readings are estimated and the estimated reading is high, the customer will be credited with the amount of overcharge and this credit will be applied to the next water bill or bills when the water meter is actually read.
[Amended 7-19-1999 by L.L. No. 4-1999]
C. 
Failure to receive a bill shall not exempt any consumer from being delinquent in payment and the accruing of a penalty. The presentation of a bill to a consumer is only a matter of accommodation by the Water District and not a waiver of this rule.
[Added 7-19-1999 by L.L. No. 4-1999]
A. 
A service connection will be made and water will be furnished upon written application by the prospective consumer or his properly authorized agent on a form prepared by the Water District. The Water District must approve the application.
B. 
Where a premises has already been supplied with proper service facilities and a customer desires water turned on to the premises, the customer will be required to sign an application for water service in order to authorize the installation of a water meter and the turn on of water into the premises.
A. 
A consumer who, for any reason, wishes to terminate his liability for service must give a written order to the Water District to do so. The consumer shall be responsible for payment for service rendered by the Water District until said written notice is received and a reasonable additional time allowed for reading the meter and shutting off the water.
B. 
Service shall be considered terminated only after the water has been turned off at the curb valve and the meter removed.
Each minimum charge shall apply to a single customer. Where two or more customers are supplied with water through the same service, the Water District shall charge the same rate as if each customer had a separate service, and any violation of the rules of the Water District with reference to either or any of said customers shall be deemed a violation as to all, and the Water District may take such action as could be taken as to a single customer.
A. 
The Water District will furnish meters for all water service, except for fire-protection lines, on which a meter furnished by the customer will be installed subject to approval by the Water District, and the District will maintain and keep in repair and adjustment all meters except as may be otherwise provided. The term "meter" wherever used herein shall include any remote reading device attached thereto unless the context indicates otherwise.
B. 
All meters are the property of the Town of Wilson Water District.
C. 
The customer must provide suitable housing facilities for the meter and become responsible for any damage to the meter through extreme heat, cold, accidents or intentional acts. The Water District assumes the burden of ordinary maintenance. In case there is no suitable housing for the meter in the cellar or basement or about the premises, the owner of the premises will be required to furnish an approved meter housing located in a parkway, terrace or sidewalk of said premises. Such housing, however, must be made in a manner approved by the Water District, and no one other than an authorized agent of the Water District shall at any time be allowed to repair, remove or replace any meter.
D. 
In exceptionally difficult cases, the Water District is authorized to place temporarily the individual meter or meters outside the premises, at its discretion.
E. 
Where the service line extension on a customer's property is more than 150 feet in length, the Water District may require that the meter be located in a parkway, terrace or sidewalk area and be placed in an approved meter housing as indicated above.
F. 
The consumer shall furnish and install a compression stop cock, without waste, on the service line, and the same size as the service line, on the street side of and adjacent to the meter. The consumer shall also furnish and install a compression stop and waste cock on the consumer side of and immediately after the meter.
G. 
The size of the meter shall be the same size as the service line with the following exceptions:
(1) 
Since a three-fourths-inch service line is the smallest permitted, a five-eighths-inch by three-fourths-inch meter may be used thereon.
(2) 
In the case of unusual installations, the Water District may permit variations from this rule.
H. 
Only Water District employees or authorized agents may remove or disturb the water meter. If it becomes necessary to break the meter seal in connection with work on the consumer's service line, the Water District will authorize, in writing, the breaking of the seal and will reseal the meter without charge. When a meter seal or seal wire has been tampered with, removed or broken or the meter removed from the service line, the meter will be removed, tested, reset and resealed, for which a fee of $10 plus the cost of parts will be charged.
A. 
Water service line connections will be made only to improved property or to property in process of improvement after receipt of written notice of application with the signature of the property owner or his duly authorized agent. If a properly executed application is received for both service line installation and for regular water service, the Water District's personnel will tap the main, insert a corporation cock, carry the service pipe to the curb and insert a curb stop for each customer, all of which installation shall be and remain the property of the Water District and will be maintained by the Water District. The Water District will render the aforesaid service at a cost to the customer as provided in the rate schedule hereinafter set forth, together with the meter charge which is indicated below. The entire installation of service facilities shall be and remain the property of the Water District.
B. 
All private service lines shall be installed, maintained, altered or replaced with American manufactured copper K soft tubing, which shall conform to ASA No. H23 1-1947 and ASTM designation B88-51 of the following widths and thickness: three-fourths-inch, 0.065 inch; one-inch, 0.065 inch; one-and-one-fourth-inch, 0.065 inch; one-and-one-half-inch, 0.075 inch; two-inch, 0.083 inch. The above notwithstanding, one-hundred-sixty-pound pressure plastic pipe, supplied by the Town to maintain uniformity, may be used from the curb box to the water meter in water line installations, with the cost to be paid by the customer with a markup of $0.03 on the cost of pipe to cover the cost of handling.
C. 
All service lines must be laid at least 42 inches deep and no less than four feet distant from any open area or vault. No service pipe shall be laid in the same trench with any drain, sewer or other utility lateral, but must be laid in a separate trench and not less than three feet from any drain or sewer pipe or utility lateral, except by special authorization of the Water District and in extraordinary cases, including where solid rock is encountered. No backfilling within the immediate area of the curb stop connection shall be done until inspection and approval of said curb stop connection by the Water District.
D. 
Whenever the water meter for a customer's service is located on the customer's property, the customer will be required to maintain his service line extension in good order to prevent leakage and loss of water before measurement by the water meter. On his failure to repair such leaks as may occur, the District reserves the right to repair said leaks and charge all costs for such repair work to the customer in question or, as an alternative, to require relocation of the meter, at the customer's expense, to a position near the curb box in the parkway, terrace or sidewalk area in a regulation housing as specified.
[Amended 2-17-2016 by L.L. No. 2-2016]
A. 
All water rents, penalties and interest thereon and all charges for tapping, connection and disconnecting and any other charges provided for by this chapter shall be a lien on the real property upon which the water is used, and such a lien shall be prior and superior to every other lien or claim, except the lien of a current tax. The Town Clerk shall annually file with the Town Board and the Supervisor the amount of any such liens which have not been paid at the time and in the manner prescribed by the Town Board, with a description of the real property affected thereby, and the Supervisor and the Assessor may include such amount in the annual tax levy and transmit such statements to the County Legislature, who shall levy the same upon the real property in default.
B. 
To recover costs incurred by the Town/District in the processing of unpaid water bills for collection by the county, there shall be added to the amount of such unpaid bill the sum of $100 for each property. The Town Board may, by Resolution, change the amount of said fee from time to time as the Town Board may deem appropriate.
The following rights are reserved by the Town Board:
A. 
To make such changes in the rules and regulations as it may deem to be in the best interests of the Water District.
B. 
To make, by resolution, such changes in the rates for water rental or in any of the other rates for services as set forth in the rate schedule (§§ 124-17 through 124-21, inclusive, of this chapter) as may in its judgment seem to be for the best interests of the Water District.
[Amended 12-28-1981 by L.L. No. 2-1981]
C. 
To order existing service pipes and fixtures to be replaced with acceptable material as determined by the Water Superintendent and to refuse service with all penalties hereinbefore set forth for failure of an owner or consumer to comply with such order.
D. 
To have free access for its authorized representatives to enter the premises of any consumer at any reasonable time for the purpose of inspection, reading, repair and/or replacement of meters or other service installation.
E. 
To enter into contracts with other water districts for the supply of water, either into or out of the Water District, to or from such districts, corporations or individuals, under such terms and conditions as shall properly protect the interests of the Water District.
All violations of this chapter or any regulation or provision thereof shall be an offense punishable by a fine of not exceeding $50 or imprisonment for not more than 30 days, or both. Each and every week that a violation of this chapter is permitted to exist shall constitute a separate offense. This penalty shall be an addition to any other penalty or other remedies as may be provided by law and this chapter.
[Amended 12-28-1981 by L.L. No. 2-1981; 5-18-1992 by L.L. No. 3-1992]
A. 
Commodity rates.
(1) 
The rates for use of water shall be as fixed from time to time by resolution of the Town Board and filed in the office of the Town Clerk.
(2) 
Bills will not be rendered for less than the minimum charge except where water service has been rendered for only part of the quarter, in which case a prorated bill will be rendered.
B. 
Minimum charges.
(1) 
The minimum charge shall entitle the customer to 9,000 gallons per quarter year without further charge and shall apply to all water users.
(2) 
Persons who qualify for the over-sixty-five tax exemption on real property taxes will pay 1/2 the charge for the nine-thousand-gallon minimum. For anything over the minimum, they pay the regular charge for all water used in that quarter.
A. 
For fire-protection service provided to any municipal corporation outside of the Town of Wilson Water District and for all private fire-protection service, the following yearly minimum charges shall apply:
(1) 
For each standard fire hydrant: $105 per annum.
(2) 
For each hose connection, 2 1/2 inches or less: $20 per annum.
(3) 
For each sprinkler head: $0.10 per annum.
B. 
The Water District will maintain private fire hydrants if requested by the consumer, provided that the hydrant is a type approved by the Water District. Such maintenance as is required due to normal wear and tear will be performed without further charge.
C. 
The private fire-protection charges are compensation to the Water District for providing standby service. Use of water is not normally contemplated except for fire fighting. If water is used otherwise, an actual or estimated water commodity charge will be imposed.
[Amended 5-18-1992 by L.L. No. 4-1992]
The service connection charge for tapping the main and placing the curb box and curb stop at the property line shall be as follows:
A. 
Three-fourths-inch service connection: $400.
B. 
One-inch service connection: $525.
C. 
All over one inch: actual cost plus 20%.
D. 
Service hook up charge of $50 if service line is installed prior to water tap installation.
[Amended 5-18-1992 by L.L. No. 3-1992]
A charge of $5, plus actual cost, shall be paid for furnishing and installing any size standard straight-reading register magnetic meter plus remote-reading register in accordance with the service requested by the customer.
[Amended 12-28-1981 by L.L. No. 2-1981; 5-18-1992 by L.L. No. 3-1992]
A. 
For removing, resetting and resealing meter where the seal wire has been tampered with or broken or the meter removed: $10, plus the cost of parts.
B. 
For testing the meter at the customer's request: actual cost.
C. 
Special meter reading and bill, requested by the customer: $5.
D. 
Service line inspection.
(1) 
For first trip: no charge.
(2) 
For each additional trip: $10.
E. 
Turning water on or off. For turning water on or off at customer's request: $5.
F. 
For checks not honored by bank: prevailing rate charged by the bank.
G. 
For meter repairs: actual cost, plus 20%.
H. 
For meter repairs caused by frost damage: actual cost, plus $10.
I. 
The charge for filling swimming pools from hydrants shall be the standard rate, plus a service charge of $10 for supervision.
J. 
The price of water to anyone wishing to purchase the same who does not pay the direct water tax shall be set at two times the ordinary rates applicable thereto.