City of Hornell, NY
Steuben County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Hornell 2-25-2013.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 142.
Fire prevention and building construction — See Ch. 148.
Housing standards — See Ch. 178.
Plumbing standards — See Ch. 228.
Sewers and sewage disposal — See Ch. 262.
Openings and excavations of streets and sidewalks — See Ch. 267, Art. III.
306a Schedule A
[1]
Editor's Note: The resolution adopted this date also superseded former Ch. 306, Water, adopted as Ch. 24 of the 1970 Municipal Code, as amended.

§ 306-1 Authority.

The City Of Hornell Board of Public Works shall make, publish and enforce all needful by-laws, rules and regulations in relation to their own government and for the protection and operation of the Water Department, water system, and all the property and appurtenances thereof and in relation to the management thereof and the supply of water thereby, whether to individuals or corporations, and may alter and modify the same from time to time, and may fix a penalty herein provided for the violation of any of said rules and regulations. The Board of Public Works may aid enforcement by resolution, local law, rule or regulation. The said City of Hornell may prosecute in its own name for all violations of said local laws, rules, regulations and resolutions. The by-laws, rules and regulations, and all amendments shall be filed in the City Clerk's Office before they shall take legal effect. These rules and regulations are adopted and specifications adopted hereunder shall be considered as part of the contract between the City of Hornell and every person, owner, customer or entity who takes water supplied by the City. Such person using this service shall be bound by this contract, including those using water on a renewable contract basis, in which case the contract may stipulate any conditions which are exceptions to these laws, regulations and specifications.

§ 306-2 Definitions.

As used in these regulations, the words and phrases listed below shall be deemed to have the following meaning:
APPLICANT
Any person making a request in writing for any water supply, main extension or other Water-Department-related service to be rendered or furnished by the City of Hornell.
A.W.W.A.
The American Water Works Association.
BOARD OR BOARD OF PUBLIC WORKS
The City of Hornell Board of Public Works.
BUILDER, CONTRACTOR or REAL ESTATE DEVELOPER
Any person owning or having an interest in a plot or tract of land who applies for a supply of water to such premises which are intended to be sold, conveyed or leased by said person to an owner or occupant.
CITY
The City of Hornell.
CONSUMER or CUSTOMER
The person legally or equitably responsible for payment of the water bill, charges or other facilities and services or owner of premises or property furnished water service by the Department.
CROSS CONNECTION
Any unprotected connection between any part of a water system used or intended to supply water for drinking purposes and any source or system containing water or any substance that is not or cannot be approved as equally safe, wholesome and potable for human consumption.
DEPARTMENT
The City of Hornell Water Department, division of the Department of Public Works of the City of Hornell.
SUPERINTENDENT
The Superintendent of the Department of Public Works.
OWNER
The person who has legal or equitable title to the premises.
OWNER'S SERVICE PIPE
The pipe or tubing leading from the curb stop and curb box across the customer's or other person's property to the building, structure or premises.
PERSON
An individual, firm, association, lessee or corporation, either public or private.
PREMISES or PROPERTY
Shall mean but is not restricted to the following:
A. 
A property or location whether or not occupied by a structure, and shall include the entire front footage thereof abutting on a street whereat the service of water is requested or furnished for any part thereof;
B. 
A building under one roof owned or leased by one customer, and occupied as one residence or one place of business;
C. 
A combination of buildings owned or leased by one customer, in one common enclosure, occupied by one family, or one corporation or firm, as a residence or place of business;
D. 
Each unit of a multiple house (multifamily residence) or building separated by a solid vertical or horizontal partition wall, occupied by one family, or one firm, as a residence, or place of business;
E. 
A building owned or leased by one customer having a number of apartments, offices, or lofts which are rented to tenants, and using in common one hall and one or more means of entrance;
F. 
A building two or more stories high under one roof, owned or leased by one customer having an individual entrance for the ground floor occupants and one for the occupants of the upper floors;
G. 
Apartments owned by one individual or firm and located in one common enclosure;
H. 
A trailer court (mobile home court) owned by one individual or firm and located in one common enclosure.
I. 
A combination of buildings owned by one customer, in one common enclosure, none of the individual buildings of which is adapted to separate ownership, i.e., elderly housing project;
J. 
A public building;
K. 
A single plot used as a park or recreational area.
PRIVATE STREET
Any street, avenue, road or way that is not for any highway purpose under the jurisdiction of the legislative body of a village, town, city, county or the State of New York.
PUBLIC STREET
Any street, avenue, road or way that is for any highway purpose under the jurisdiction of the legislative body of any village, town, city, county or State of New York.
SERVICE CONNECTION
The tap or connection to the main, corporation stop, curb box, curb stop, and sufficient tubing or pipe to connect the corporation stop to the curb box.
SPECIFICATIONS
The written requirements adopted by the Board and published for general reference concerning requirements for work and materials related to the water system.
CITY
The City of Hornell.
WATER SYSTEM, WATER SUPPLY SYSTEM or PUBLIC WATER SUPPLY
The entire system of pipes, valves, buildings, reservoirs, plants, wells, and other facilities owned by the City and used for the supply, treatment, storage and transmission of water.

§ 306-3 Service area.

The City will supply water to the City of Hornell and may supply the same to the Village of North Hornell and portions of the Town of Hornellsville and other potential users based upon a network of municipal water systems. The Board reserves the right to refuse or limit service to any consumer located outside the City if the supply of water for the City or its inhabitants becomes insufficient because of such outside service. The service area is defined as Village of North Hornell and the Town of Hornellsville Water District #1 and #3 and as amended or altered from time to time.

§ 306-4 Application for service.

A. 
All applications for the use of water must be made in writing on forms provided by the Department signed by the owner of the premises to be supplied or a duly authorized representative. On approval by the Board/Department, the application shall constitute a contract between the City and the applicant obligating the applicant to pay the City its established rates and charges and to comply with its rules and regulations (as amended), which contract may be terminated by the City without recourse of the applicant, its successors or assigns.
B. 
No agreement will be entered into by the City with any applicant for service until all charges due from the applicant for water services at any premises now or heretofore owned or occupied by him which are in arrears shall have been paid.
C. 
Application will be accepted subject to there being an existing main owned by or under the management and operation of the City and or a municipal system in a street, right-of-way or easement abutting the premises to be served. Acceptance shall in no way obligate the City to extend its mains to service the premises excepting as hereinafter provided.
D. 
A separate application must be made for each premises as defined in § 306-2. Sub metering may be permitted subject to the approval of the City; unless so approved, sub metering is prohibited.
E. 
Application of builders, contractors, real estate developers and others for temporary water service may be accepted and temporary water service may be supplied, providing it does not interfere with use of water for other customers. The quantity of water taken for such purposes shall be determined either by meter or by estimate, and shall be paid for in accordance with the rate schedule applicable to metered general purposes and any premium levied by the City. Customers requiring temporary water service shall reimburse the City for all its expense in connection with providing necessary temporary service connections. A deposit specified by the Superintendent may be required.
F. 
Applicants for service need not be the owners of the premises to be served, provided that the premises can be metered and notification shall be given to the property owner or the agent of the owner whose consent has been secured.
G. 
The application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent. Applications for the extension of public mains may be initiated by the Board or by a petition by abutting property owners, as well as owners of the property to be served by the extension. Applications for the extension of public mains may be denied by the Board for failure to fully comply with the laws of the City or the rules, regulations and specifications adopted under those laws, or if approval of the application is not in the best interest of the City. The Board reserves the right to refuse all petitions for extensions of mains where the estimated water rents will not warrant the cost of installation or for other bonafide reasons.
H. 
All costs and expenses incidental to the installation and connection of the service connection shall be borne by the customer. The customer shall indemnify and hold harmless the City from any and all loss, liability, damage, injury or expense directly or indirectly resulting from or arising out of the work done under or in connection the approved application and/or installation.
I. 
Approval of applications shall be valid for a period of no more than one year, unless otherwise approved by the Board in writing.

§ 306-5 Installation of services.

A. 
Service connection: water service. Upon written application for service by an owner, or authorized agent, of any property abutting on any public or private street and upon payment of the applicable charge prescribed in § 306-10, the City may install, operate, maintain, and when necessary, replace, the service pipe connection between the main and the curb box shut off on both public and private streets. When necessary, easements acceptable to the Board must be furnished at the applicant's expense. All service lines, from the water main to and including the curb well and curb stop installed by the Department shall remain the property of the City. The City reserves the right to deny an applicant's request. Further, the City reserves the right to require the applicant to retain the services of an licensed plumber, approved by the City, for such services and to require that those portions of water mains and appurtenances which lie in the rights-of-way of public and private streets be constructed in accordance with plans, specifications and materials approved by the City and that ownership of same be dedicated to the City free and clear of liens and encumbrances following satisfactory installation, together with any necessary easements for future maintenance, repair and service extensions.
B. 
Service connection: public fire protection service. Upon written application for fire protection service (supply of water for same) by a legally constituted authority (e.g., Village or Town, etc.) properly qualified and authorized by law to contract and pay for fire protection service, approved by the Board, the City may furnish, place and install hydrants and hydrant connections necessary to provide water for fire protection in the area in which same is requested, or cause the same and will be reimbursed by such authority by payment of the applicable annual charge prescribed in § 306-10 together with any other cost or expense incurred by the City in so doing. All hydrants and hydrant connections so installed shall remain the property of the City and all maintenance, replacement and service will be supplied by the Department, as per contract.
(1) 
The Board reserves the right to terminate the maintenance, repair and supply of water to a service connection for any reason whatsoever and in particular for leaks in such connection or inadequate supply or quantity of water. The City makes no guarantee as to pressure of the water in said pipe of the main supplying the same, and shall not, under any circumstances, be held liable for loss or damage from a deficiency or failure in the supply of water for any cause except gross negligence.
C. 
Service connection: private fire protection service.
(1) 
Upon written application for fire protection service by an owner or occupant of any property abutting on any public or private street approved by the Board and upon payment of the applicable charge as prescribed in § 306-10, the City may install, operate, supply water, maintain and when necessary replace, all at the owner's expense, the service pipe and connection between the main and the curb shut off on both public and private streets.
(2) 
If a hydrant is installed on a private fire protection service line, such hydrant will be located on the owner or occupant's property and installed by him at his expense. However, the Board reserves the right to approve the type of hydrant and the manner of installation before service is provided.
(3) 
The customer shall install in his service line a detector check valve and meter. The Board reserves the right to approve type of meter and manner of installation before service is provided and reserves the right to require the customer to equip the service line with backflow prevention devices as may be required by the New York State Sanitary Code, New York State Health Department, or the Board.
(4) 
The connection is to be used for fire protection or periodic testing or flushing or the system only, and is to have no connection whatsoever with any taps that may be used for any other purposes. Using or permitting the use of water from this connection for purposes other than extinguishing fires constitutes a misdemeanor. Violators may be subject to fine, discontinuance of service, and/or criminal prosecution.
(5) 
Any authorized representative of the City shall have free access to the premises of the applicant at any reasonable time for the purpose of inspecting said connection and service.
(6) 
The City makes no guarantee as to pressure of the water in said pipe of the main supplying the same, and shall not, under any circumstances, be held liable for loss or damage from a deficiency or failure in the supply of water for any cause except gross negligence.
(7) 
The City may specify the date(s) and time(s) of such inspection, testing and flushing of the service.
D. 
Maintenance and replacement. The City may maintain and, when necessary, replace, all at the City's expense, any service pipe connection from the main to the curb shut off on all public and private streets.
(1) 
Service pipe and service connections shall not be trespassed upon nor interfered with in any respect. The curb stop may not be used by customers for turning on or off the water supply without written permission of the Superintendent.
(2) 
The Board reserves the right to terminate the maintenance, repair and supply of water to a service connection for any reason whatsoever and in particular for leaks in such connection or inadequate supply or quantity of water.
E. 
Service on applicant's property. At his own expense, the applicant shall install the service pipe from the curb box shut off to the premises and a valve, to be located preferably just inside the building wall, permitting control of the water supply by the customer. This property shall be maintained by and when necessary replaced at the expense of the customer. For this installation and maintenance, the customer shall employ a competent plumber licensed with the City. All work shall be performed in a manner satisfactory to the Superintendent and in accordance with specifications in § 306-5F. Authorized representatives of the Board will approve service connections on the applicant's property and the connection to the curb shut off before water is turned on. The customer shall refrain from backfilling the trenches until this inspection has been performed and the installation approved.
F. 
Service pipe specifications.
(1) 
All service pipes shall have a minimum cover of 4 1/2 feet and shall be aligned perpendicularly to the center line off the street. A distance of at least four feet between the water service pipe and parallel utility's will be maintained. All connections of service pipes to a main with ground cover of less than five feet shall be so made on the side of the main so that service pipes in no case have less covering than the main. Modification to these rules will be made by the Superintendent in special locations and unusual building orientations. Water and sewer service lines shall not be installed in a common trench unless the applicant makes written request for same and the Department approves such request; in such event, the sewer line shall be laid deeper than the water service and there shall be a distance of at least 18 inches between such lines.
(2) 
Service pipes installed or replaced after January 1, 2010, shall not be less than 3/4 inch inside diameter in size, and a one-inch minimum diameter size shall be used for buildings connected to water mains with less than 40 p.s.i. static pressure. U.S. Government Specification Type K soft-tempered copper tubing shall be used on all installations with pipe sizes two inches and less in diameter. The next size pipe allowed after two inches is four inches; all services four inches and larger shall be ductile iron pipe of quality equal to American Water Works Association standard specifications and of weight suitable for service under a pressure of 150 p.s.i. Either push-on, mechanical or bell and spigot joints may be used with the cast iron pipe with frost connections. The Superintendent reserves the right in all cases to stipulate the size and type of service connection to be used.
G. 
Winter provisions. The City shall not be required to install service lines or connections between November 14 and March 15, except by special arrangement, in which case the customer shall pay for the excess over normal costs.
H. 
Easements. Applicants for service shall deliver and record without cost to the City permanent easements or rights-of-way when necessary for the installation and maintenance of the service lines and connections. The City shall not be obligated to commence any construction or to turn the water on to a service unless and until applicants have obtained for it satisfactory easements or rights-of-way or have agreed to pay such costs as may be incurred if at their request the City obtains such easements or rights-of-way, whenever these are required from parties who are not applicants for service.
I. 
Delays. The Superintendent shall not be compelled to proceed with the installation of service lines and service connections under this section, when circumstances beyond control of the Department prohibit such construction. Said circumstances include but shall not be limited to delays in delivery of materials, weather conditions, strikes, act of God, etc.
J. 
Miscellaneous.
(1) 
All installations of service between the main and the curb box, including the curb box, will be made by City personnel or their agents and shall remain the property of the City. The City will maintain the service, in case of leakage, at its own expense unless damage is caused by the carelessness or negligence of the property owner or occupant. In such case or if replacement is requested for other reasons by the customer, the customer will be responsible for any charges for repairs and/or replacement. The Superintendent reserves the right to require the customer to cause such installation or be responsible for the cost of same if it so determines.
(2) 
The customer to be serviced by a service connection shall be responsible for the installation and maintenance of service pipes and fixtures between the curb box and the meter. The size, depth, alignment, materials of construction and methods to be used in placing the pipe, joining, testing and backfilling excavations shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of and to the specifications of the AWWA. The customer shall be responsible for the protection of the service pipes and meter from freezing. Before the service is covered, it must be inspected and approved by the Superintendent or his agents. Before the meter is installed and the water service activated, all parts of the service that are the responsibility of the customer shall be again subject to inspection and approval by the Superintendent or his agents in conformity with these rules and regulations. At either inspection, the customer will be notified as to any necessary repairs to be made before metered service will be granted.
(3) 
In buildings where there is no cellar, the pipes shall be carried to the center of the building or to an unexposed part previous to being carried upward.
(4) 
In all cases where the service pipes pass through areas or traps open to the weather, the opening shall be closely covered and the windows and doors closed to the outside air during the cold weather. In all exposed situations, the service pipes and fixtures shall be properly wrapped with felt or other nonconducting substances and surrounded by a box packed also with a nonconducting substance, if necessary, to protect said service from freezing. Said protection shall be at the expense of the owner, and in case he neglects to protect his service as aforesaid, the City may cut off the water therefrom. It shall be the duty of the plumber to protect from frost all work done by him. He will not be released from the responsibility by having the owner of the premises or other do the work for him.
(5) 
If a water meter or a pipe near such meter freezes, no hot water shall be put on the meter.
(6) 
No abatement from any water bill will be made in cases where the charge results from the failure on the part of the owner or consumer to promptly repair any broken, frozen or defective fixtures or service.
K. 
The Department may meter private fire lines where there is demonstrated justification such as unauthorized use of the service and/or where unusual circumstances prevail in the customer's premises.
L. 
Backflow prevention program.
(1) 
Plans and specifications.
(a) 
All applications for water service will be reviewed by the Department for a determination as to the need for a backflow prevention device using the New York State Health Department Cross Connection Control Manual. All backflow prevention devices required by the department are the responsibility of the customer and must be designed by a registered professional engineer (P.E.) of the State of New York or an architect licensed by New York State. Exception: If the water customer is a municipality, and the total cost of the installation does not exceed $5,000, a non-P.E. employee of the municipality may design the installation.
(b) 
Approved backflow devices. Only three devices are applicable to the containment concept of cross-connection control. These devices are the DCV (double check valve), the RPZ (reduced pressure zone) and air gap separation.
(c) 
The New York State Department of Health maintains a list of backflow prevention devices, which have been approved for use in New York State. All backflow prevention devices, which are required, shall be of a model and size approved by the New York State Department of Health for each type of assembly. Currently approved devices are posted at: http://www.health.state.ny.us/environmental/water/drinking/cross/cross.htm
(2) 
Submission and approval of plans.
(a) 
The customer is responsible for submitting all plans and specifications for a backflow prevention device per the following procedure:
[1] 
Applicant must complete the application for approval of backflow prevention device (Form Gen 236) and submit it with detailed plans and specifications as well as an engineering report to the Department for approval. All forms, plans and reports must be submitted in quadruplicate.
[2] 
The Department will forward the application and all documents to the State Heath Department, Bureau of Public Water Supply for final approval. Upon final approval by the state, a certificate of approval (Form Gen 237) will be returned to the Department, and the customer.
(b) 
Note: If plans are disapproved at any step, they will be returned to the customer for modification and resubmitted to the Department.
(c) 
Engineering reports submitted with plans must meet NYS criteria as posted at: http://www.health.state.ny.us/environmental/water/drinking/cross/cross.htm
(3) 
Installation and initial testing.
(a) 
An approved backflow prevention device shall be installed on each service line as well as any bypass line to a customer's property at or near the property line or immediately inside the facility being served as determined by the Department. In all cases, the backflow prevention device will be installed before the first branch line leading off the service and will be fully accessible for maintenance and testing.
(b) 
In the case of premises that have more than one service line, all service lines to the premises will be equipped with the appropriate backflow prevention devices dependent on the degree of hazard which has been assigned to the facility.
(c) 
All backflow prevention devices must be installed so that they are not subject to flooding or freezing. In no case will the installation of a backflow prevention device include unprotected bypass piping.
(d) 
After installation of an approved backflow prevention device, the customer is responsible for certifying that the installation was done in accordance with the approved plans. The initial device test results must also be documented and certified by an approved backflow device tester. Certification of installation and initial test results shall be submitted to the Department and the New York State Health Department within 30 days of installation. (NYSDOH Form 1013 has been designed for both the designers' certification of installation and the certified test results).
(4) 
Testing.
(a) 
The customer is responsible for the certified testing of all backflow prevention devices at least once each year. In those situations where the Department or the New York State Health Department deems the hazard to be great enough, certified tests may be required at more frequent intervals. All backflow prevention devices shall also be tested upon initial installation and after each repair.
(b) 
Only individuals that are New-York-State-certified backflow device testers will conduct the testing of backflow prevention devices. All certified backflow device testers must register with the City and provide current proof of insurance.
(c) 
Results of all certified testing will be documented on Form Gen 215 and forwarded to the Department within 30 days of the test. The customer shall keep all testing and maintenance records for each backflow prevention device a minimum of 10 years.
(5) 
Maintenance.
(a) 
The customer is responsible for conducting general maintenance, repair and replacement of all backflow prevention along with ensuring protection against freezing, flooding and continued accessibility. Piping checks shall also be conducted frequently to ensure that all backflow prevention devices have not been bypassed or otherwise rendered ineffective.
(b) 
The customer is responsible for the disassembly and rebuilding of all DCV and RPZ backflow prevention devices every five years and a copy of Form Gen 215 documenting the work performed shall be provided to the Department.
(6) 
Facility access inspections. In conjunction with an application for water service or request for inspection of an existing service the customer shall allow the Department or its authorized representative access to its facilities for the purpose of inspections and assessment of the degree of hazard. Failure to provide access within 30 days of receiving written notice from the Department will be cause for the denial of water service or the discontinuance of water service to the facility.
(7) 
Installation of backflow prevention devices.
(a) 
Subsequent to the facility inspection, the Department will make a determination as to the degree of risk that the facility poses for cross connection contamination of the public water system. Based upon the assigned risk, the Department will send written notice to the customer advising that an approved backflow prevention device be installed.
(b) 
If the required backflow prevention device is two inches in size or smaller, the water customer will be required to install an approved device within 90 days of notification.
(c) 
If the required backflow prevention device is over two inches in size, the customer will be required to install an approved device within 180 days of notification.
(d) 
Failure to install an approved backflow prevention device within the compliance deadlines will be cause for the discontinuance of water service to the facility.
(e) 
Failure to comply with the requirements for testing backflow prevention devices will be cause for discontinuance of water service to a facility.

§ 306-6 Installation of meters.

A. 
An individual (separate) meter with shut off shall be required for each premises and for each separate service connection to a premises. Public buildings, churches and institutions shall be metered.
B. 
The meter will be owned by, maintained, removed and furnished at the City/Department's expense and connected at the customer's expense for sizes one inch or less; however, all sizes over one inch must be purchased and owned by the customer and shall meet Department requirements and standards. The Superintendent reserves the right in all cases to supervise and regulate the installation, and to stipulate the size, type and make of the meter to be used on any connection.
C. 
Whenever possible, a meter two inches in size and under shall be set in the basement or utility room. In buildings with no cellars and where the meter is required to be placed in a utility room located other than at the front of the building, the service line shall have 4 1/2 feet of cover. Further, the City shall have no responsibility whatsoever for piping or lines underneath a structure. The meter shall be located at a convenient point approved by the Superintendent so as to protect the meter and to measure the entire supply of water through the connection. When a meter cannot be set in the basement or utility room, it will be set near or inside the property line or in a place designated by the Superintendent, and all expenses incurred by the City in connection with its proper housing, if any, shall be reimbursed to the City. All meters shall be placed in locations readily accessible to meter readers and shall be installed with remote reader at a location approved by the Department.
D. 
The Department may require meters larger than two inches in size to be set near and inside the property or in a place designated by the Superintendent, and all expenses incurred by the City in connection with proper housing, including bypass for testing, if required, shall be reimbursed to the City. All meters larger than two inches shall have a bypass for testing.
E. 
All meters sized one inch or less and all meter connections shall at all times remain the sole property of the City and shall not be interfered with in any respect. All such meters will be maintained by and at the expense of the City as far as ordinary wear and tear are concerned, but the customer will be held responsible for damages due to freezing, hot water, customer negligence, or other external causes. In case of damage, the City will repair such meter, if necessary, replacing it with another meter and the costs shall be paid by the customer. Any meter larger than two inches will be periodically tested or inspected for accuracy and repaired at the customer's expense when the City deems it necessary. Any meter larger than two inches will be supplied, installed, maintained, repaired and replaced at the owner's expense and under the City's supervision and direction. If meters need attention, the Department must be notified at once. Plumbers are not allowed to remove meters for repairs or any other purpose.
F. 
The City reserves the right to remove and/or test any meter at any time and to substitute or to cause another meter to be substituted in its place. In case of a disputed account involving the accuracy of the meter, such meter will be tested by the Department upon the request of the customer. If the meter is found to register correctly (i.e., accurately or to the prejudice of the City) the customer shall pay the fee as provided in § 306-10 for same. In the event that the meter so tested is found to have an error in registration to the prejudice of the customer in excess of 4% at any rate of flow within the normal test-flow limits, no testing charge will be made and prior water bills, not to exceed one year, will be adjusted to correct such over-registration in accordance with recommendations of the Board.
G. 
Where a meter would otherwise be located more than 75 feet from the curb box, the City reserves the right to require a meter pit. Meter pit size and location shall conform to the specifications of the Superintendent. Further, all outside meters shall be maintained in an area which is accessible to the City personnel, structurally sound and a dry place. The pit and cover shall be owned, installed and maintained by the customer.
H. 
The City reserves the right to place remote reading registers on any service as in integral part of the meter installation or to require same.
I. 
Employees of the City shall have access to meters, as well as all aspects of the water service, at all reasonable hours for the purpose of reading, testing, inspection or service repairs.
J. 
No person other than a Department employee or its agent shall break seals, tamper with or disconnect meters. If any person takes such action without authorization from the Department, the person and owner shall be liable for any damage which may result therefrom and shall be billed on the basis of water used in a similar period.
K. 
The customer is responsible for maintaining plumbing on either side of the meter in good condition and valves on both sides of the meter per standards so that the meter may be removed or replaced conveniently and without impairing such plumbing. If a leak should develop subsequent to meter removal or replacement due to poor condition of the piping, the customer shall be responsible for any necessary repairs.
L. 
The customer is requested to notify the Department promptly of any defect in or damage to the meter or its connections.
M. 
The inside pipe must be thoroughly strapped so that no weight shall bear on the water meter.
N. 
Service pipes must be thoroughly flushed of white lead and foreign substances before installation of a water meter.

§ 306-7 Payment for services.

A. 
All bills are payable in accordance with the terms of the applicable service classification. If a new service is installed at any time during the billing period, the minimum charge and the amount of water allowed thereunder will be prorated according to the number of days remaining to complete the billing period after the service has been made available.
B. 
Meters will be read quarterly and customers will be billed quarterly at the Board's option as required in § 306-10, or such other periods or frequency as the Board may determine.
C. 
The quantity of water recorded by the meter, subject to the applicable multiplication factor, shall be considered the amount of water passing through the meter, which amount shall be conclusive as between both customer and the City except where the meter has been found to be registering incorrectly, or has ceased to register.
(1) 
A billing which is not disputed within 90 days of its rendering is conclusive as between both customer and the City. Bills which are incorrect due to meter or billing errors will be adjusted as follows:
(a) 
When a meter in service is tested and found to have over-registered more than 4%, the City will adjust the customer's bill for the excess amount paid determined as follows:
[1] 
If the time at which the error first developed can be definitely determined, the amount of overcharge shall be based thereon.
[2] 
If the time at which the error first developed cannot be definitely determined, it shall be assumed that the over-registration existed for a period equal to 1/2 of the time since the meter was last tested, or one year, whichever period is lesser. If more than one customer received service through the meter during the period for which the refund is due, a refund will be paid to the present customer only for the time during which such present customer received service through the meter. The refund will be accomplished by means of a credit to the customer's account, or otherwise at the Department's discretion.
[3] 
If a meter in service is found not to register, the Department may render an estimated bill. The Department will estimate the charge for water use by averaging the amount registered for a similar period preceding or subsequent to the period of nonregistration, or for corresponding periods in previous years adjusting for any changes in the customer's use.
[4] 
When a customer has been overcharged as a result of incorrect reading of the meter, incorrect calculation of the bill, incorrect connection of the meter, or other similar reasons, the amount of the overcharge shall be refunded or credited to the customer. Conversely, when a customer has been undercharged for such reasons, the amount of the undercharge will be billed to the customer.
D. 
All bills are due and payable when rendered and as per § 306-10. Failure of a customer to receive the bill or notice does not relieve the customer from the obligation of payment or consequences of nonpayment. All water charges by the City shall be a lien upon the real property on which, or in connection with which, such water is used and may be added to the real property tax bill. If such charges are not paid within 30 days from the date due, the water supply may be shut off until such charges are paid. The water supply shut off procedure shall be as prescribed in the City billing and delinquent procedure in § 306-10. The owner shall be responsible for water charges and any other charges relating to water service held against the premises unless paid by the customer.
E. 
Any customer may discontinue water service by giving the City written notice not less than three days prior to the discontinuance, and all liability for service rendered after the discontinuance of service, as herein provided for, shall cease. This procedure is to be followed in cases of changes of occupancy and other appropriate circumstances. No adjustment of bills between owners or tenants will be made or rebates given for unoccupied premises unless prior written notice is received by the City.
F. 
Inability to obtain a meter reading. In cases where a meter reading cannot be obtained, an estimated bill will be rendered to the customer. Subsequent bills will reflect actual consumption plus any adjustment to the bill made necessary through the use of an estimate. In the event that a reading cannot be obtained for a period of six months, the City reserves the right to suspend the water service until such time as accurate billing is made possible through an actual reading of the meter and all service charges for suspension and reinstatement of the water service have been paid.
G. 
Inability to obtain a final reading. If a customer has requested a final reading of his meter or a final reading of the meter plus a discontinuance of service and the City is unable to gain entry to the property for such purpose, an additional service charge (i.e., call-out) may be made. This charge will be affected on notification to the property owner who is obligated to make the premises available to the City for final reading. If the premises are not made available, for each additional service call made necessary through the inability of the City to gain entry to the property a service charge (i.e., call-out) as provided on the annexed Schedule A[1] may be added to the customer's bill.
[1]
Editor's Note: Said schedule is included as an appendix to this chapter.
H. 
Each premises owned by an owner shall be billed separately.
I. 
Owners are requested to report promptly to the Department any change in mailing address or ownership in order to insure proper rendering of bills.
J. 
Water supplied to a building, all or any part of which is rented, shall normally be charged to the owner or his agent. However in all cases, the owner shall be held liable for the paying of bills for water supplied or services to such premises and shall be held liable for all violation of rules.
K. 
Meters for industrial customers and other large consumers may be read monthly and billed at the Department's option.
L. 
Water for construction purposes will be metered if practical and will be sold at regular quarterly rates.
M. 
Miscellaneous sales, such as water for construction purposes, may be billed as the service is rendered.

§ 306-8 Extension of mains.

A. 
Main extension agreements. Upon application for water service in areas not served by a City-owned water main, the Board may elect to extend its mains or install necessary mains in accordance with the Board's then main extension policy and within the permissive service area limits as approved by the New York State Department of Health.
B. 
Main extension policy. The Board may extend or permit the extension of its mains to provide water service that shall meet or exceed the requirements of the New York State Sanitary Code. All water main extension construction practices shall meet or exceed the requirements of the New York State Sanitary Code. The Board may extend or allow the extension of its water mains within the City's service area no more than 100 feet to serve a customer without a main extension agreement as set forth in § 306-8C and D below.
C. 
Main extension agreement: developers. Real estate developers shall be required to bear the full costs for all main extensions installed to supply water to their developments. No extension will be less than eight inches in size. If larger size mains are required, the Board may elect to bear all costs in excess of the cost of installing an eight-inch main.
D. 
Main extension agreement: individual owners. Individual property owners will be required to sign a main extension agreement in which they shall agree to pay to the City in advance 100% of the cost or, alternatively, annually for 20 years 12% of the cost of main extensions installed to supply water to their buildings. No extensions will be less than eight inches in size. If a larger size main is required, the Board may elect to bear all costs in excess of those for an eight-inch main. As more connections are made to the new extension prior to the full repayment of its cost as noted above, the annual minimum charge may be redistributed proportionately among all users. This charge shall be in addition to the charge or cost of the water supplied through the extension.
E. 
Easements. Applicants for main extension shall deliver without cost to the City permanent easements or rights-of-way when necessary for the installations and maintenance of the extensions or subsequent additions thereto. The City shall not be obligated to commence any construction until applicants either have obtained for it satisfactory easements or rights-of-way or have agreed to pay such costs as may be incurred if at their request the City obtains such easements or rights-of-way, whenever these are required, from parties who are not applicants for service.
F. 
Size and type. The Board reserves the right to determine and specify the diameter, type, etc., of pipe, meters, and appurtenances required to provide the service requested.
G. 
Title. Title to all main extensions shall be vested in the City and the City shall have the right to further extend any main installed by it or transferred to it pursuant to the terms of the main extension agreement in and to other streets and premises without repayment or refund to any applicant. If such extension has been installed by others, same shall be conveyed to the City free and clear of liens and encumbrances before being put into service.
H. 
Delay. The Department shall not be compelled to proceed with the installation of mains under this section when circumstances beyond the control of the Department prohibit such construction. Such circumstances include but shall not be limited to delays in delivery of materials, weather conditions, strikes, acts of God, etc.
I. 
Maintenance and replacement. The City, at its own expense, will maintain and, when necessary, replace the City-owned mains used to supply water to its customers, and if adequate service requires the reconstruction or replacement of such mains, said mains will be reconstructed or replaced by the City at its expense.
J. 
Where a developer has extended a main along the frontage of others, the entire cost shall be borne by the developer. It is the practice of the City to engage in discussions with developers and others regarding issues related to main extensions and system development. Such discussions may relate to main sizing, pumps, metering, reimbursement for a proportional share of costs for any tie-ins to the main by abutters, etc.

§ 306-9 General rules.

A. 
The City undertakes to use reasonable care and diligence to provide a constant supply of water at a reasonable pressure to customers, but reserves the right at any time, without notice, to shut off water in its mains for the purpose of making repairs or extensions, or for other purposes, and it is expressly agreed that the City shall not be liable for a deficiency or failure in the supply of water, its quality or portability, or the pressure thereof for any cause whatsoever, or for any damage caused thereby, or for the bursting or breaking of any main, service pipe, meter or any attachment to the City's property or to a customer's property. The City shall, when possible, issue prior notice of a water service shut down to the water service area to be effected by the interruption in service. Such notice is a courtesy and not a requirement.
B. 
In the interest of public health, the City will not knowingly permit its mains or services to be connected with any service pipe or piping which is connected with any source of water supply not approved by the Department of Health of the State of New York without the installation of a suitable backflow prevention device or devices approved by the New York State Department of Health. The City will also not knowingly permit its mains or service pipes to be connected in any way to any piping, tank, vat or other apparatus which contains liquids, chemicals, or water of questionable quality without the installation of a suitable backflow prevention device or devices approved by the New York State Department of Health.
C. 
The City, through the Superintendent of Public Works, reserves the right, in periods of drought or emergency of when deemed essential to the protection of the public health, safety and welfare, to restrict, curtail or prohibit the use of water for secondary, nonessential purposes, such as sprinkling (of lawns, gardens, etc.), car washing or filling swimming pools, and shall have the right to fix or limit the hours and periods when water may be used for such purposes. The same shall be without liability on the part of the City.
D. 
Water service may be discontinued by the City for any one of the following reasons:
(1) 
For use of water other than as represented in the customer's application, or through branch connections on the street side of the meter or place reserved for meter.
(2) 
For willful waste of water by improper or imperfect pipes or by any other means.
(3) 
For molesting or tampering with any service pipe, seal, meter, or any other appliance owned by the City or for conduct which could or has resulted in the erroneous or improper metering of water consumption.
(4) 
For nonpayment of bills for water or services rendered by the City and/or Department, in accordance with the City's billing and delinquent procedure for the Department prescribed in § 306-10.
(5) 
For cross-connecting pipes carrying water supply by the Board with any other source of supply or with any apparatus which may endanger the quality of the City water supply.
(6) 
For refusal of reasonable access to the property for the purpose of reading, repairing, testing, installing, inspecting, or removing meters, water piping, plumbing and other fixtures and discontinuing water service during normal working hours (8:00 a.m. to 3:30 p.m., Monday through Friday).
(7) 
For failure to repair leaking service lines between the curb shut-off and meter within five working days after receiving written notice from the Department.
(8) 
For violation of the regulations of the City or Department as filed at the office of City clerk. When two or more premises are now supplied with water through one service pipe, under control of one curb stop, if any of the parties so supplied shall violate any of the above rules, the City reserves the right to apply its shut off regulations to the joint service line, except the City shall attempt to avoid taking such action until the innocent customer, who is not in violation of the City's or department rules has been given reasonable opportunity to attach the service pipe leading to his premises to a separately controlled service connection.
E. 
When water services to any premises has been turned off upon the order of the customer, or for any of the above reasons, and service at any premises is again desired by the same customer, including seasonal customers, a charge as provided in § 306-10 shall be made to the customer for the restoration of service. If, however, it becomes necessary to remove the City's equipment/materials from the customer's premises or shut off or disconnect the service pipe at the City's main, the charge to the customer for restoration of service will be 125% of the actual cost incurred by the Department incidental to the disconnection and reconnection of the service pipe or restoration of service.
F. 
Upon receipt of an application for a new service or for the reinstatement of an existing service, the City will assume that the piping and fixtures which the service will supply are in proper order to receive same, and the City will not be liable in any event for any accident, breaks, or leakage arising in any connection with the supply of water and/or failure to supply same.
G. 
No person shall injure or interfere with any pipe, main, valve, meter, reservoir or other equipment or buildings belonging to the City's water system, tamper with meters, operate or use the City's gate valves or curb stops, divert water from main, use water without permission, or cut into any water pipe or main.
H. 
No person, other than City personnel, shall take or release water from any public or private fire hydrant for any use other than for firefighting purposes, or other authorized use. Except as otherwise provided herein, it shall be unlawful for any person to open, use, operate or tamper with a fire hydrant or a valve in the water supply system.
I. 
Any person wishing to purchase water supplied by a means other than through an existing metered water service (for example, filling swimming pool, construction needs, landscaping purposes, etc.), shall contact the Superintendent and shall make application for such authorization on a form to be provided by the City. Such form shall constitute the applicant's request for the purchase of water in bulk. The applicant shall inform the City as to the quantity of water to be supplied in whole units of 1,000 gallons. Upon approval of the application and payment of the necessary fees, an appointment will be made for supply of the water on a regular work day of the Department between the hours of 8:00 a.m. and 3:00 p.m. The applicant shall be given a receipt for payment which will be displayed to department personnel at the garage at the time of supply. Such water shall be supplied through the City garage hydrant only.
J. 
These regulations will be subject to and incorporate by reference all current provisions pertaining to drinking water supply which are part of the New York State Sanitary Code, and the local plumbing regulations of the City in the area served.
K. 
Safety. All excavations for service connections or mains shall be adequately guarded with barricades and lights so as to protect the public from hazards. Streets, sidewalks, parkways and other public property disturbed in the course of construction, etc., shall be restored in a manner satisfactory to the Superintendent.
L. 
Maintenance. Failure on the part of the customer to immediately notify the City of any defective or broken part of the service for which the customer is responsible, or to immediately repair or replace any defective part of the service which is the customer's responsibility, may result in the suspension of water service until repairs or replacements have been made.
M. 
Liability.
(1) 
The City and its employees or officials shall not be held liable for any damage that may occur as a result of the maintenance, repair or replacing of any part of the City's owned system or the City's failure to do so.
(2) 
The City shall not be held liable or responsible for any losses or damage resulting from fire or water which may occur due to the installation of a private fire protection service connection or any leakage or flow of water therefrom.
(3) 
The Department assumes no responsibility for clogging of interior plumbing which may occur during or after repairs to services, mains or meters.
N. 
Painting of hydrants. No one except the Department or other authorized personnel shall paint hydrants or in any way change the color of any part of a hydrant without the express consent and approval of the Board.
O. 
The City will undertake to provide an adequate supply of potable water at adequate pressure throughout its system but cannot assume responsibility or liability, direct, indirect, or consequential, for any damage from failure to do so. Whenever possible, work necessitating the interruption of service will be scheduled to provide the least inconvenience to the customer.
P. 
To safeguard against possible damage due to interruption of service, customers are advised to regulate their installations connected with the water system supply so that damage will not occur if water is shut off or pressure fluctuates without notice. An automatic check valve may be installed on the service at the building entrance. Hot water tanks may be provided with vacuum and pressure relief valves which customers should keep in good operating condition at all times. Lever type valves are recommended.
Q. 
In areas where pressure is low, the Department may, at its discretion, require that the customer install and operate a booster pump and tank of a combined capacity approved by the Department. In such cases, the customer will enter into a written agreement with the Department in which he holds the Department harmless from possible damage and inconvenience resulting from low pressure. In areas where pressure is high, the Department may, at its discretion, require that customers install and maintain pressure-reducing valves.
R. 
Customers are responsible for keeping their connections and fixtures in good order and protected from freezing. Failure to do so may result in interruption of service and costly repairs for which the Department is not liable.
S. 
Any change in location of meters or services requested by the customer shall, if approved by the Department, be at the customer's expense.
T. 
In the event that a customer shall use water at rates of flow which cause noticeable pressure variations in the system, the Department may require that such customer control his flow rates or install equipment to minimize such variations at the customers' expense.
U. 
Customers shall notify the Department when premises are to be vacated so that water may be turned off, meters read and/or removed, and the account transferred. If the premises are to be permanently abandoned, the owner shall notify the Department immediately so that the service connection can be closed. Closure will be made at Department expense.
V. 
All underground lawn sprinkling systems shall be equipped with check valves and vacuum breakers to prevent back siphonage into the water system. Plans for such a system shall be approved by the Department before installation is made and the Department's final on-site inspection and approval is required before backfilling.
W. 
Maintenance of the service pipes from the main to the customer's premises is the responsibility of the Department. The customer, at his own expense, shall maintain the service connection from the curb box to the interior of the building or other facility-provided water service. The customer shall maintain the service connection in good repair in accordance with the reasonable requirements of the Department.
X. 
Where there is a leak in any service connection, and the owner of the property cannot be readily found, or shall refuse to make immediate repairs, the Department shall have the right to make the necessary repairs and the cost thereof shall be charged to the customer.
Y. 
No new or repaired water supply systems, or any structure there, shall be placed in use before such system or structure has been effectively cleaned and disinfected in a manner prescribed and approved by the New York State Sanitary Code.
Z. 
When dealing with members of the public, employees of the Department shall carry a badge, ID card, or other insignia identifying such individual as a Department employee.
AA. 
Services rendered after the Department's normal hours or on weekends or holidays are subject to special charges.

§ 306-10 Classifications, rates, charges and delinquency.

A. 
Service connection: water service. As noted heretofore in §§ 306-5 and 306-6, the City will in general be responsible for the installation, operation, maintenance and repair of the service pipe connection between the main and the curb box shut off, as well as the furnishing of a meter when the service pipe is one inch or less and oversight of installation of such meter when the service pipe is one inch or less. The applicant shall pay a connection fee as provided on Schedule A.[1]The applicant, at his sole cost and expense, shall be responsible for the installation and maintenance of the service pipe from the curb box shut off to the premises and a valve to be installed before the meter. Such installation shall be in accordance with these rules and regulations.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B. 
Service connection: public fire protection. Political subdivisions, other than the City of Hornell, shall pay the City an annual charge for each hydrant installation authorized by the political subdivision. The annual payment amount for each hydrant installation in the political subdivision shall be mutually acceptable to the Board and the legally constituted authority properly qualified and authorized by law to contract and pay for fire protection service in the political subdivision.
C. 
Service connection: private fire protection service. The applicant, for private water protection service, shall be responsible for the construction, repair and replacement of the fire protection service line from the main to the building including the cost thereof. Such installation shall be constructed, repaired and replaced in accordance with applicable federal, state and local laws, code, rules and regulations including these rules and regulations.
D. 
Service on applicant's property. It is the policy of the City that its personnel and equipment shall, whenever possible, refrain from entering upon the property of others for installation, repair, maintenance, inspection, etc. However, in the event that City personnel and/or equipment do enter upon the property of others for such purposes, the applicant and/or other benefited parties shall be billed for the labor (including benefits) plus material charges, equipment rental charges, and overhead charges associated with the work performed. Such charges shall be based upon the actual cost of the labor, materials, equipment, etc., to the City. The City reserves the right to require payment, in whole or part, of the actual or estimated charges for such services.
E. 
Payment for services, including water rates. (See annexed Schedule "A" for water rates.[2])
(1) 
The water usage charge to be applied to two-family dwellings and multifamily dwellings (apartments and other such facilities which are independent units containing cooking facilities or sinks or bathrooms, etc., or has access to) in which the water consumed by each dwelling unit is not individually metered will be calculated by taking the water consumed, as established by the master meter servicing the units, and allocating the consumption proportionately to each of the units served by said master meter. Thus for purposes of establishing the charge for water consumption, it is conclusively determined that each unit within the structure will have consumed the same amount of water. Then the established schedule of water rates will be applied to each dwelling unit's proportionate consumption to determine the charge to be assessed or levied to such master meter; said charge being cumulative of all such dwelling units served by the meter. The minimum quarterly water charge will be assessed to each dwelling unit in those instances where the proportionate consumption, as determined above, is less than such established minimum usage for individual services based upon the above-noted water rates. This method of allocation and billing shall apply within and outside of the City.
(2) 
A laboratory fee of 125% of the actual cost incurred by the City will be charged to all customers having interconnections and private chlorination systems, necessitating sampling and inspection by the Department.
(3) 
Bills for water used or consumed will be rendered quarterly. Fire protection bills will be rendered quarterly. A fifteen-percent penalty will be charged on all bills not paid within the period specified for payment without penalty. Fire protection bills will be rendered based upon the above noted schedule as opposed to the quantity of water consumed.
(4) 
All bills are sent in the owner's or the customer's name. In purchasing property, it shall be the responsibility of the purchaser to determine whether or not there are outstanding bills. Outstanding water bills or charges shall be paid prior to property transfer or the opening of a new account and supply of water to a new owner. Failure of the owner or customer to receive bills does not relieve him of responsibility for payment. Owners must keep the meter easily accessible for reading, inspection and repair at all times. Regardless of the manner and place of billing, the owner shall be primarily liable for all bills and charges levied by the City; such billings and charges shall constitute a lien against the premises served. Collection of the same may be enforced by levy and inclusion with the real property taxes on said premises.
(5) 
The City reserves the right at all times to shut off water temporarily without notice, for repairs, extensions or other work necessary in connection with the system, maintenance and repair and for nonpayment of bills. Where service is shut off for nonpayment, a charge as prescribed herein will be made to cover costs of disconnecting and reconnecting service.
(6) 
The Board reserves the right to waive or discount the rates and charges for services and materials provided to governments.
(7) 
In the event that a service to a customer or owner is disconnected or terminated, whether at his request or for nonpayment of charges and billings, the customer or owner shall be subject to a disconnection or termination charge as provided on the annexed Schedule A.[3]
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
(8) 
In the event the City provides installation, repair, replacement or maintenance labor, services and or materials which are necessitated due to installation of a service or other service at the request of an applicant or others, or due to a service line, meter, box or other water system component being damaged, defaced or altered by the act or neglect of a customer, owner, invitee, guest, etc. (or someone in their control or within their responsibility), or for any other reason, the City shall bill such applicant, customer, owner or other for the costs of same as provided on the annexed Schedule A.[4] The City may require advance payment in whole or part and shall require payment in full before the service is installed, restored or reconnected, including water charges.
[4]
Editor's Note: Said appendix is included as an attachment to this chapter.
(9) 
The Board may revise the above rate structures from time to time without notice to the owners or customers.
(10) 
Upon the installation of a water meter by the Department of Public Works on any premises heretofore on a flat rate or any other rate, the meter rate shall immediately take effect, and credit shall be given pro rata for any advance payment which has been made and credited upon the future meter charges or refunded.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
F. 
Labor and material charges.
(1) 
The minimum call-out charge shall be as provided in the annexed Schedule A.[5] In the event of an emergency call-out (other than the department's normal working hours and days; see § 306-9), the call-out charge shall be as provided on Schedule A.
[5]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2) 
The charge for all water meter installations and connections with or without remote readers, service tee installations, stop and drain installations, tap installations, and repair services to meters including replacement of meter bottoms shall include the costs of labor, materials and equipment associated, used or expended in performance of the service and shall be charged to the applicant/owner as provided on Schedule A.
(3) 
If the job/service/repair requires the use of materials, labor and/or equipment of parties other than the Department's, the customer or owner shall be assessed the actual cost of same plus an additional charge of 10% thereof.
(4) 
The customer or owner shall deposit with the City Chamberiain a sum equal to 1/2 the estimated cost of the service repair of installation prior to the actual performance of same, excepting in the case of emergencies.
G. 
Delinquency procedures.
(1) 
A water bill (for water service or labor and materials, etc.) is delinquent if not paid on or before the allowable due date posted on each bill. The Board reserves the right to place uncollected water charges of such customers on the Village/Towns tax rolls, and the Board reserves its rights to discontinue water service for nonpayment by those customer or owner of the premises receiving water service.
(2) 
The City Chamberiain shall cause the preparation of a delinquent water customer list promptly following the last day for payment of charges without penalty. Generally, the last day for payment without penalty would be the last day of the months of March, June, September, and December of each year. Such list shall contain the account number, the party billed, the service, address, and the amount due and shall reflect all amounts which are not paid in full for water service or other charges for the previous two billing cycles, if any. Simultaneous with the preparation of such list, there shall be added to each delinquent account a charge as provided on the annexed Schedule A.[6] The imposition of this penalty is based upon the additional burden being placed upon City staff and financial resources due solely to efforts to collect upon such delinquent accounts. Water bills are mailed every three months (four times a year). Delinquent accounts that are listed for nonpayment of water services three or more times within the past 12 months will incur a specific penalty as provided in Schedule A.
[6]
Editor's Note: Said appendix is included as an attachment to this chapter.
(3) 
Within five business days following the preparation of such list, the Chamberlain shall cause notice to be given to the party billed of such delinquency by regular mail. Such notice shall provide that in the event that all arrearages and penalties are not paid in full by noon of the 30th day following the day of mailing of such notice, water service at the premises noted shall be terminated on such date and at such time or as soon thereafter as the Department manpower permits.
(4) 
In the event of multiple residents or tenants who do not have a meter in his or her name, the above-noted notice shall be posted on the door of each residential unit or house. Reasonable efforts shall be made by City personnel to locate tenants in rental units or multiple dwellings for the purpose of delivery of such notice or the information contained in the notice regarding pending termination of water service for nonpayment.
(5) 
In the event that the Chamberlain fails to receive payment in full regarding the delinquent accounts prior to the scheduled shut off date, the Chamberlain shall inform the Superintendent who shall act upon the list to approve termination of service (shut off) for nonpayment. Upon such determination, the Superintendent shall promptly instruct appropriate Department personnel to terminate the service at the service address noted.
(6) 
The delinquent amount plus the delinquent account charges and the reconnection charge (Schedule A) must be paid in full prior to water service being reconnected.

§ 306-11 Grievances; amendment; penalties for offenses.

A. 
Grievances. Any grievance out of the administration of these rules shall be resolved by a hearing held before the Superintendent or his designee at such time and place and under such rules of evidence and procedure as he shall determine. The Superintendent or designee shall render an opinion or decision verbally unless the grieving party makes a written demand for a written decision.
B. 
Appeals. The grieving party may, within 10 days of receipt of the decision, file a written appeal to the Board. The grieving party may make the appeal himself or by his attorney. Said appeal shall be filed with the City Clerk. The Board shall set down a hearing of said grievance.
C. 
Stay. Pending the determination of the grievance and/or appeal as set forth in Subsections A and B, the City will continue service; provided, however, this stay shall only be effective during the determination of a grievance and appeal of a shut off pursuant to § 306-10 F through I if the grievance was requested prior to the proposed shut off.
D. 
Amendment. The Board reserves the right to amend or change these rules and regulations from time to time without notice and without a hearing thereon.
E. 
Penalties. Any person, firm or corporation which shall violate any of the provisions of these rules shall, upon conviction thereof, be deemed to have committed a violation as prescribed in § 55.10 of the Penal Law. Any action or proceeding in the name of the City of Hornell may be commenced in any court of competent jurisdiction to compel compliance with or retrain by injunction the violation of any provision of these rules. Such remedy shall be addition to any other penalties prescribed by law.

§ 306-12 Prohibitions.

A. 
Waste of water. No customer shall willfully waste water either through leakage due to imperfect service pipes or fixtures or in any other manner.
B. 
Use of water. No customer supplied with water by the City will be allowed to supply water to any other customer or to sell water whether through a separate meter or not. No multiple customer services shall be permitted on the same property excepting if each customer is provided with a separate meter.
C. 
Curb box. No person shall cover, obstruct or otherwise disturb a curb box so that it is not easily accessible to the Department, its personnel or agents.
D. 
Turning on of water. No person but the Superintendent or his designee shall turn on or turn off the water to any premises.
E. 
Obstruction of hydrants. No person shall place any obstruction that would prevent free access to any fire hydrant.
F. 
Cross-connections. No person shall install or permit to be installed any cross-connection, whether permanent or temporary. Protection against such cross-connections shall be as required by state law or regulation and by any such regulations approved by the Board. In addition to any other penalties, service to any customer violating this prohibition may be discontinued by the City and not restored until the violation is corrected.
G. 
Unauthorized access. No person without permission of the Superintendent shall enter upon the properties of the City used for supply, treatment or storage of water or discharge into or otherwise contaminate the water or deface or damage these facilities or the City water system or its components parts.