[HISTORY: Adopted by the Town Board of the Town of Huntington 7-6-2010 by L.L. No.
10-2010. Amendments noted where applicable.]
It is the intention of the Huntington Town Board to set forth
as a part of the Huntington Town Code, the Ordinances of the Dix Hills
Water District, established pursuant to law by the Dix Hills Water
District, a municipal water district, created and administered by
the Town Board of the Town of Huntington, Suffolk County, New York.
Said ordinances are considered a part of the contracts with persons,
corporations or other consumers taking and using water furnished by
the District.
The provisions of this chapter of the Huntington Town Code are
considered a part of and applicable to, the contract with persons,
corporations or other consumers taking and using water furnished by
the Dix Hills Water District.
For the purpose of this Chapter, the following words shall have
the meanings indicated:
the word "application" shall mean the official document to
be obtained from and filed with the District Administration in order
to obtain a lawful connection to, or use of, the district water supply.
The word "Board", whenever used within this chapter, shall
refer to the Town Board of the Town of Huntington, County of Suffolk,
and State of New York.
Bonded hydrant testers are those hydrant testers who have
duly registered with the Dix Hills Water District.
Bonded plumbers are those plumbers duly registered by the
Dix Hills Water District, and licensed by the Town of Huntington Plumbing
Board.
A cross connection control device is a required mechanism
that prevents the backflow/siphonage of water to the district's distribution
system.
see "WATER MAIN"
A District Hydrant is a hydrant located within the Town right-of-way
or on public property.
The words "District" or "Water District", whenever used within
this Chapter, shall refer to the Dix Hills Water District, Town of
Huntington, Suffolk County, and State of New York.
During times of critical water shortages due to emergency
situations, the District, Town Board or District Engineer have the
authority to declare a water supply emergency and to impose an emergency
curtailment order limiting water use.
A hydrant flow test is a procedure required to be performed
annually to insure fire hydrant operability and adequate hydrant water
pressure.
see "PERMIT".
The word "license" shall be deemed to be all authorization
or permission to exercise the right to perform any work within the
Dix Hills Water District, subject, however, to regulations of the
Town of Huntington and Regulations and Code of the Dix Hills Water
District and any other municipality having jurisdiction thereof.
see "Water Main"
the word "owner" shall refer to the owner of real property
being serviced by the Dix Hills Water District.
The words "Permanent", "Permanent Installation", "Permanent
Services", "Permanent Permits" or "Permanent Licenses" shall include
all installations, services, permits or licenses authorized by the
District, for a period in excess of twelve (12) months.
A "permit" is a written document issued to water users/owners
or any other municipality or government agency wishing to temporarily
use district hydrants for purposes other than the intended uses listed
in the owner application for water service.
A private hydrant is a hydrant located on private property
which is either metered or subject to an annual fee for its use.
The words "Receiver of Taxes", or "Tax Receiver" shall refer
to the Receiver of Taxes of the Town of Huntington, 100 Main Street,
Huntington, New York 11743.
The word, "Temporary", shall be used to designate any installation,
service, permit or license intended to be in operation for a period
of twelve (12) months or less.
the words "Water Main", shall refer to the water mains in
the distribution system of the district, which are generally located
in the street or easements and utilized to transmit water to the fire
hydrants and/or to the owner's water service lines.
The words "Consumer Water Service Line", "Water Service Line",
"Service Line", "Water Service Pipe", "Water Service", or "Service
Pipe" shall refer to the pipe running from the corporation stop, wet-cut
or cut-in in the District distribution main, thence to the plumbing
within premises of owner.
the words "water user" or "user" shall refer to the owner,
and/or person, persons or entity authorized by the owner to consume,
use or access the district water supply.
(1)Â
The District shall have the authority to establish the policies,
procedures and specifications pertaining to the administration and
operation of the District.
(2)Â
Protection of Facilities. The Water District shall maintain properly
installed and approved water service pipes in the public right-of-way
from the water main to the property line at the expense of the District.
The District will maintain hydrants, valve boxes, corporation stops,
curb stops, curb boxes, meters up to 1" and the valve on the water
main side of the meter. All equipment maintained by the District shall
be the property of the District, whether installed by the District
or the owner.
(1)Â
Access. Property owners are to allow all meter readers, water treatment
operators and maintenance mechanics employed by the District, immediate
access, at all reasonable hours, to the water supply system on any
premises. All district employees will carry proper identification
with them. In no event shall an owner be required or penalized for
failure to admit or provide access to an individual if unsure of their
identity as a district representative.
(2)Â
Mandatory Use of Bonded Plumbers. It is the owner's responsibility
to use only bonded plumbers to perform any installations, repairs
and additions to the water supply system, between the street main
and the property line. Any installation, repair and/or addition to
the water supply system between the street main and the property line
performed by any one or entity other than a bonded plumber shall be
a violation of this chapter. A list of registered bonded plumbers
is on file at the District's Administration Building. For information
about registration procedures contact the District Administration
Office.
(3)Â
Water Charges. Owners of premises where water is used shall be held
responsible for the water charges for themselves, their contractors
and their tenants. Unpaid water charges shall become a lien upon the
property where the water is supplied. In all cases where property
is conveyed or transferred, the new owner is responsible for all unpaid
water charges of the former owners or tenants.
(4)Â
Conveyance of Property. When property is conveyed, notice of such
conveyance, with the name and forwarding address of the party from
whom the property is conveyed, must be promptly provided by telephone
or mail to the District so that the change in ownership may be noted
on the records of the District and a final bill rendered.
(5)Â
Changes in Ground Elevation. In the event that a change in ground
elevation leaves a service pipe insufficiently buried, or results
in the curb box or meter pit projecting above the ground or being
covered with earth, the owner must act within thirty (30) days of
receipt of notification by certified letter. The owner must secure
a district registered bonded plumber to lower or raise the service
pipe, curb box, meter, backflow preventer, and meter pit cover to
conform to the new ground elevation. Failure by the owner to conduct
necessary alterations promptly may result in the District's discontinuance
of the supply of water until the alterations are completed.
(6)Â
Closing of Buildings. In the event any building is to be closed temporarily,
especially during cold weather, the owner or the plumber representing
the owner shall notify the District in writing in order that the meter
may be read and curb stop closed. In case of failure to give such
notice and in the event of any water leaks within the building by
freezing or otherwise, the owner shall be liable to pay for all water
that has been lost as a result of the leak(s).
(7)Â
Cross Connection Control Device(s) Testing. It is the responsibility
of the property owner to have their Cross-Connection Control device
tested upon installation and annually thereafter. Annual testing shall
be performed by a New York State Department of Health Certified Tester.
Failure to perform required testing of a cross control device shall
be a violation of this Chapter.
(8)Â
Water Service Lines Greater than One Inch (1"). For users of water
service lines greater than one inch (1"), it shall be the user/owner's
responsibility to maintain the service meter, meter pit, pit cover
and valve beginning from the curb stop and/or first shut off valve.
(9)Â
Leaks. Leaks on the property owner's side of the meter are the owner's
responsibility. If a leak is suspected the district will notify the
property owner. If said leak is not repaired within thirty (30) days
of the notification, the District reserves the right to turn off water
service until leak repairs are completed.
(10)Â
Discontinuance of Service. Owners wishing to discontinue the use
of water service must give the District ten (10) days' written notice.
The homeowner shall employ a bonded plumber to disconnect water service
at the main.
(11)Â
Water Use for Construction. The property owner is required to file
an application and receive a permit from the District for use of any
temporary water service.
(12)Â
Removal of Defective Installations. Whenever it shall be found that
a service installation has been made in any other manner than that
approved by the District, the water user shall be responsible to correct
the deficiency and shall pay all expenses and damages resulting from
the faulty installation. The District reserves the right to discontinue
supplying water until the service installation is properly made.
(12 )Â
Water Conservation. In order to conserve the quantity
of quality district water each property owner is required to comply
with the following conservation measures:
A.Â
Odd – Even watering mandate – During the months of May,
June, July, August, and September properties with even numbered street
addresses are permitted to operate their irrigation systems only on
even numbered calendar days, and properties with odd numbered street
addresses are permitted to operate their irrigation systems only on
odd numbered calendar days.
B.Â
Water Conservation Penalty Charges – Any property owner whose
water use exceeds the water usage limit in a given billing cycle shall
be responsible to pay a higher rate for that water used over the water
usage limit. A table of rates charged for excess water usage can be
referenced in the District Consumer Handbook or by contacting the
District office.
(13)Â
Private Hydrant Ownership – Those owners of hydrants which
are designated as private are required to annually secure the services
of a hydrant flow test company, who has been bonded with the district,
to provide written proof in the form of a hydrant flow test result
report which insures that the water pressure of the hydrant tested
is adequate.
(1)Â
Use of Non-Bonded Plumbers – Any installations, repairs and
additions to the water supply system, between the street main and
the meter pit, must be performed by a District registered bonded plumber.
Any installation, repair and/or addition to the water supply system
between the street main and the meter pit performed by any one or
entity other than a District registered bonded plumber shall be a
violation of this chapter. A list of registered bonded plumbers is
on file at the District's Administration Building. For information
about registration procedures contact the District Administration
Office.
(2)Â
Odd/Even Watering Mandate – Failure to comply with the odd/even
watering mandate is a prohibited act which will result in a written
warning for the first offense: a penalty up to one hundred ($100.00)
dollars for the second offense; and a penalty of up to five hundred
($500.00) dollars for the third and each subsequent offense.
(3)Â
Resale of Water – The resale of District water, under any conditions
or circumstances is prohibited.
(4)Â
Unauthorized Connection and Water Use — Any connection to district
water supply, or use of district water, including hydrants, without
having filed an application is strictly prohibited.
(5)Â
Failure to Notify District.
A.Â
Purpose of Water Use – A failure to notify the district of
use of water for any purpose other than that represented in the district
application is prohibited.
B.Â
Performance of Work – Work performed on any water service that
would require or potentially require the assistance of the District
without prior notification of at least forty-eight (48) hours to the
District is prohibited.
C.Â
Water Use for Construction – Use of any Temporary Main without
the filing of an application notifying the District is prohibited.
(6)Â
Interference with water meters, water service pipes and connections.
It is strictly prohibited for any owner or user to break, deface,
or cause to be broken or defaced, the seal of a water meter; or to
obstruct, alter, injure or prevent the action of a meter or other
instrument used to measure or register the quantity of water supplied
to or consumed by any person, corporation or entity.
(7)Â
Interference with meter reading or inspection. It is strictly prohibited
for any owner, user, person, corporation or entity to erect any device
or structure, or to by any other means interfere, obstruct or prevent
free access to, and reading of, a water meter by the District.
(8)Â
Meter Tampering and Theft of Services
A.Â
Criminal Tampering — In accordance with Section 145.15 of the
Penal Law of the State of New York, a person is guilty of criminal
tampering when, having no right to do so nor any reasonable ground
to believe that he has such right, he tampers or makes connection
with property of the District. Criminal tampering in the first degree
is a Class D felony, second degree is a Class A misdemeanor.
B.Â
Theft of Services – In accordance with Section 165.15 of the
Penal Law of the State of New York, a person is guilty of theft of
services when, with intent to avoid payment by himself or another
person of the lawful charge for any service which is provided for
a charge by the District, he obtains or attempts to obtain such service
for himself or another person or avoids or attempts to avoid payment
therefore by himself or another person by means of tampering or making
connection with the equipment of the District. Generally, theft of
services is a class A Misdemeanor.
(A)Â
Enforcement. This chapter shall be enforced by the Department of
Public Safety.
(B)Â
Penalties.
[Amended 11-6-2019 by L.L. No. 56-2019]
(1)Â
Odd/Even Watering Mandate Violation. A violation of the odd/even-watering
mandate will result in a written warning for the first violation;
a fine of not less than fifty ($50.00) dollars nor more than one hundred
($100.00) dollars upon conviction of an offense for the second violation;
and a fine of not less than one hundred fifty ($150.00) dollars and
not more than five hundred ($500.00) dollars upon conviction for each
subsequent offense occurring within five (5) years of the second violation.
[Amended 9-14-2021 by L.L. No. 50-2021]
(2)Â
Violation of an Emergency Curtailment Order - Any person who violates
an Emergency Curtailment Order shall be guilty of an offense and upon
conviction subject to a fine of not less than five hundred dollars
($500) and not more than one thousand dollars ($1,000).
(3)Â
Failure to test cross connection control device(s) - Any person who
fails to have their cross-connection control device tested annually
shall be guilty of an offense and upon conviction subject to a fine
of not more than two hundred fifty dollars ($250) and not less than
seven hundred fifty dollars ($750).
(4)Â
Any person or business entity who commits or permits any acts in
violation of any other provision of this Article shall be deemed to
have committed an offense against this Chapter, and shall upon conviction
thereof, be subject to a fine of not less than Five Hundred ($500)
nor more than One Thousand Five Hundred ($1,500) Dollars.
(5)Â
Any person or entity found by the Bureau of Administrative Adjudication
to have violated this Article shall likewise be subject to a monetary
penalty in an amount within the range of fines authorized in subdivisions
(1), (2), (3) and (4) above for the respective violations referenced
therein.
(6)Â
Each day, or part thereof, such violation continues or is permitted
to exist following service of a notice of violation, appearance ticket,
or summons shall constitute a separate violation, punishable in like
manner.
(7)Â
In addition to the criminal and civil penalties set forth herein
or in other applicable law, rule or regulation, the Town Attorney
is authorized to pursue civil and equitable relief in the name of
the Town in a court of competent jurisdiction, including but not limited
to compensatory actions; civil penalties in the amount of up to two
hundred and fifty ($250.00) dollars per day, or any part thereof;
an action to compel compliance with or to restrain by injunction the
violation of this chapter; and other remedies which in the opinion
of the Town Attorney may seem necessary and proper.
