[HISTORY: Adopted by Town Board of the Town
of Farmington 12-9-1969 by L.L. No. 1-1969 as Ch. 34 of the 1969 Code.
Amendments noted where applicable.]
This chapter shall be known as the "Farmington
Water Rules and Regulations Local Law."
The following rules and regulations shall apply
to any person or corporation who shall be supplied or whose property
shall be supplied with water by the Town of Farmington or any improvement
district thereof.
All service connections with the principal mains
and service pipes from said principal mains to approximately two feet
from lot line, including tapping of main, corporation cock, copper
pipe, curb cock and box for same, shall be put in and installed only
by properly authorized persons acting under the direction of the Town
Board or its agent at the expense of the consumer.
All connections from curb cock to the meter
location shall be done by the consumer at his own cost and expense
under the supervision of the Town Board or its agent, and all installations
shall be subject to approval by the Town Board or its agent before
water shall be turned on.
The plumber or any other person designated and
employed by the owner of the premises will be considered the agent
of such owner while employed in the prosecution of the work of introducing
water into such premises, and in no sense as the agent of the water
district. The Town will not be responsible for the acts of such persons.
Every person desiring a supply of water through
the principal water mains must make application at the office of the
Town Board, Town of Farmington, for a service pipe and connection
with the main. Such application shall be made in writing upon blank
form furnished by said Town Board and must be signed by the owner
of the property or his duly authorized agent, and the meter deposit
and connection charge must be paid.
The service pipe between the curb cock and meter,
wherever located, shall be pipe approved by the Town Board and be
not less than three-fourths-inch Class K copper.
The curb cock controlling any service shall
not be opened by any person after connecting said service at the curb,
so that water may be supplied to much premises by said service, unless
the service pipe installation has been approved by the Town Board
and the meter installation completed. In case of building operations,
special permission may be given by the Town Board or superintendent
of Water Department under such conditions as they may prescribe.
Any person responsible for any injury to any
main, pipe, hydrant or other water facility shall reimburse the water
district therefor and for the loss of water caused thereby. The shall
also be responsible for any damage caused by such escaping water.
In the case of any excavation for the introduction
of any water pipe or connection under authority of a permit from the
Town Board, the owner will be held responsible for the trench opened.
Public safety and conveniences shall be duly regarded and conserved
by the construction of such bridges across open trenches as may be
required to insure safety to the public. Red lights, barricades and
all such other means of protection against accident must be provided.
Before trenches are backfilled, materials and workmanship shall be
inspected by the Town Board or its representative and approved in
writing.
The owner of property into which water is introduced
by a service pipe will be required to maintain to perfect order, at
his own expense, the said service pipe from the corporation cock to
the meter on or for his premises, including all fixtures therein provided
for delivering or supplying water for any purpose. In case such services
and fixtures are not so kept in repair, the Town Board or its representative
may cause to have made all necessary repairs and renewals or parts
thereof. The expense of such work and all materials and labor required
shall be paid by the property owner.
Just inside of the basement wall of the building
into which the service pipe extends, a stop and waste cock shall be
conveniently located in order to drain the meter, or in such other
convenient place as the Superintendent may approve.
The Superintendent, Town officers or employees
of the water districts, upon presentation of proper credentials, may
enter upon any premises where water is being supplied by water districts,
or upon any premises when application is made for a permit to connect
plumbing with the water pipes, for the purposes of installing, reading,
removing or repairing meters, or for inspecting the plumbing and fixtures
of the water services.
In the case of making or constructing new work,
in making repairs or leakage tests, the right is reserved to shut
off the water from any consumer without notice for as long a period
as may be necessary. No water district, its employees or the Town
shall be liable for any damage which may result to any person, property
or premises from shutting off of the water from any main or service
for any purpose whatever, even in cases where no notice is given.
No water districts of the Town of Farmington
shall be liable for any damage or loss of any kind to property or
persons which may arise from or be caused by any change, either increase
or decrease, in pressure of water supplies, from any cause whatever,
including negligence on the part of the water district, its agents,
servants or employees.
All water furnished through service pipes, whether
for residential, commercial or industrial use, shall be metered. No
meters shall be set or removed or distributed except by the Water
Department. All meters shall be furnished and installed by the water
district after payment of the meter deposit and the connection charge.
The Water Superintendent shall approve the location of the meter.
Any municipal water meter shall be taken out
and tested upon complaint of the consumer upon payment of a fee of
$20. If, upon test, the meter is not within 3% of being accurate,
it shall be repaired or replaced and the twenty-dollar fee returned
to the consumer.
Any damage which the meter may sustain resulting
from the carelessness of the owner, his agent or tenant, or from neglect
of either of them to properly secure and protect the same, including
any damage that may result from allowing said meter to become frozen
or to be injured by hot water or steam getting back from a boiler
or hot-water tank, shall be paid to the water district by the owner
of the premises.
Whenever a meter is set in any building, the
space occupied by the meter and the meter box shall at all times be
kept free from rubbish or obstructions of any kind. The owner or tenant
shall provide ready and convenient access to the meter so that it
may be frequently read and examined by agents of the water district.
Water meters for building purposes shall be
set by the water district at the expense of the contractor or person
making such application therefor. In case it is impracticable to place
meters for such building purposes, water may be supplied to the contractor
or owner at a flat rate.
Generally, all water consumed shall be recorded
and paid for by meter registration and at rates to be fixed by the
Town Board. Such rates may from time to time be changed as the Town
Board may determine. Water rates for turning on and off, selling meters
and taking meters in and out will be on file in the Town Clerk's office.
[Amended 1-11-1977 by L.L. No. 1-1977]
A.
Generally. Bills for metered water shall be due on
the first day of the month following the end of each calendar quarter.
Payments neither postmarked nor actually received at the Town Clerk’s
office during the business hours thereof during such month shall be
deemed late payments for which a late penalty of 20% shall be charged.
However, if the last day for payment falls on a Saturday, Sunday or
legal holiday, then the last day on which payment can be postmarked
or received by the Town Clerk’s office without penalty shall
be the first business day thereafter.
[Amended 6-24-1980 by L.L. No. 4-1980; 11-27-2007 by L.L. No. 7-2007; 8-13-2013 by L.L. No.
5-2013]
B.
Partial payments. Partial payments of water meter quarterly bills on any water. meter shall not be accepted by the Town Clerk for the Town; however, if the amount received is short by $10 or less, then the Town Clerk can accept the payment and the difference will be added on to the next bill cycle without the penalty of 20% nor will the administration fee of $50 be added and no shutoff will be enforced. Additionally, the Town Clerk can only accept payment in the full amount of a quarterly bill including payment of the late penalty then due, except as permitted in the preceding sentence. Nothing in Subsection B shall prevent the Town from utilizing any remedy or right afforded in this chapter to include the cost of legal fees and other associated charges which will be charged back to the person or legal entity responsible for the water rents so long as the amount due remains unpaid.
[Amended 6-24-1980 by L.L. No. 4-1980; 11-27-2007 by L.L. No. 7-2007; 8-13-2013 by L.L. No.
5-2013; 8-14-2018 by L.L. No. 6-2018]
C.
Personal checks. The Town Clerk shall not accept a
personal check from any customer whose check to the Town or Town Clerk
was dishonored for insufficient funds or for no account within the
previous 12 months unless such dishonor was the fault of the bank
upon which the same was drawn as evidenced by a statement of such
fact on stationery of such bank, signed by an officer of such bank,
addressed to the Town Clerk or Town.
[Added 10-23-1979 by L.L. No. 4-1979; amended 11-22-1994 by L.L. No. 3-1994]
No abatement of the charges for water rents
shall be allowed on account of the vacancy of any premises supplied
with water, unless the water supply is turned off by the water district
and the meter removed. For such suspension on service, there shall
be a charge to be fixed by resolution of the Town Board, which is
on file in the Town Clerk's office.
All charges for water, service pipe installation,
repairs, damages caused by carelessness or neglect, penalties, etc.,
shall be made against the premises supplied, and the owner of the
premises shall be held responsible therefor. Such charges, if not
paid, shall be a lien on the property benefited. All such unpaid charges
shall be added to the next general tax against property.
[Added 5-22-1979 by L.L. No. 2-1979; amended 11-22-1994 by L.L. No. 3-1994; 11-28-1995 by L.L. No. 7-1995]
In the event that a water bill remains unpaid
for more than 60 days, the Town Board may, by resolution, cause the
supply of public water to such property to be shut off after giving
at least 10 days' written notice to the owner and occupant of the
premises and by mailing a notice by first-class mail addressed to
the owner and occupants at least 10 days prior to the proposed shutoff
date. Such notice shall advise the owner and occupants that the water
supply to such property shall be shut off on the specified date for
nonpayment of a water bill unless the unpaid water bill and penalty
are paid in full to the Town Clerk prior to the specified date. The
water supply to such property shall not be restored after shutoff
until the unpaid water bill and penalties are paid in full.
All street or road fire hydrants or hydrants
for private fire protection from unrestricted service lines are under
the control of the water district. No person, except an authorized
agent or employee of the water district or a person permitted by the
Town Board to take water therefrom, shall operate, use or disturb
any hydrant or any part thereof or take any water therefrom under
any circumstances whatever, except fire companies for use to control,
prevent or extinguish fires.
In case any damage to a street or road hydrant
is done by any person or his agent having a permit for taking water
from said hydrant, the holder of the permit shall pay such damages
and all costs and expenses that may be incurred by reason thereof,
on demand, to the water district, including loss of water.
No person shall use any fire hydrant for construction
or other purposes without first obtaining a permit for such use from
the water district or Superintendent and by making any advance payment
demanded by said district. The hydrant shall be operated only by a
proper hydrant wrench, which shall be obtained from the water district
or Superintendent. Water must not be allowed to run except when used.
All persons using hydrants shall immediately obey any instructions
or orders that may be issued by the Town Board to regulate the use
of these hydrants. If required by the Town Board, a meter shall be
applied to the connection made with the hydrant at the expense of
the party using same, and said party shall pay for all water by meter
measurement at the stipulated rates.
No persons except a duly authorized representative
of the water district shall open, close or in any way interfere with
any valve or gate in any water main or pipe. Any person who has disturbed
or displaced a valve box or who has covered a valve box with dirt,
paving, plank or other material shall immediately replace the valve
box or remove the obstruction.
Service pipe will be required to be laid not
less than four feet six inches below the surface of the earth at any
point to the inside of the foundation wall of the building into which
the water service is introduced.
No consumer within the water district shall
sell water to anyone for any purpose whatever.
No water through any connection, pipe or main
shall be sold or furnished outside the water district without the
consent in writing of a duly authorized agent for the Town Board after
action of the Town Board.
[Amended 12-27-1979 by L.L. No. 3-1979]
No connection of whatsoever nature shall be
made by any person between the facilities of the said water district
and any other water system, public or private, without the consent
in writing of a duly authorized agent for the Town Board after action
of the Town Board.
It is understood and agreed that failure of
the applicant to give written notice to have service discontinued
will make the owner of property liable for all water charges against
said premises, and such notices must be actually delivered to the
office of the Town Clerk.
A seasonal customer is one who has his water
turned on and off for one or more quarters in any one year. Seasonal
customers must have water turned off and meter removed and then water
turned on and meter installed by an authorized agent of the Town Board.
Violation of this chapter shall be deemed an
offense. Upon conviction, such violator shall be subject to a fine
of not more than $50 and such other reasonable penalty, such as a
shutoff of the water pending compliance, that the trial Judge may
impose. Failure to prosecute any apparent violation shall not be deemed
to be a waiver or license by the Town Board for continuance thereof.
