Village of Carthage, NY Article V Public Works

§ A150-49 Sewers.

A. The Village of Carthage assumes responsibility for Village sewer mains and lateral sewer lines from Village sidewalks to the Village main, or from the point of connection only when a lateral is serving more than one building.

B. If, at the determination of the Superintendent of Public Works, a lateral receiving discharge from more than one building is found to have been improperly installed by the Village, the Village will replace or repair the sewer line at no cost to the owner of the properties on which the lines are located. In this instance, the Superintendent of Public Works must prepare and make available to his liaison Village Trustee the reason for his determination and a plan for correction prior to beginning work.

C. Except as noted above, lateral sewers on private property are owned by the property owner, and the maintenance of such lateral sewers is the responsibility of the property owner. Upon the discovery of sewer tile on private property which is broken or damaged through no fault of the Village of Carthage, the Village will perform routine repairs consisting of "rodding" or blowing out a line. Major repairs or replacements must be made by the property owner, or by a private contractor at the expense of the property owner. All work so performed must be inspected and approved by the Superintendent of Public Works.

D. Except as noted above, the Village of Carthage does not work on private property.

§ A150-50 Water policies inside Village.

A. The Village of Carthage shares the responsibility with the Village of West Carthage for the water main from Belfort to the filtration plant and from the filtration plant to the Village of Carthage. Additional language covering responsibility of joint-owned water lines are covered in the Second Amendment to the intermunicipal agreement signed February 27, 1996.

B. The Village of Carthage is responsible for all water mains throughout the Village boundaries, including water mains on private property that serve more than one property.

C. The installation, maintenance and repair of water lines on private property beyond the curb stop shall be the responsibility of the owner of the property.

D. If, in an emergency situation, the Water Department employee determines that it is in the best interest of the Village to assist with a break due to the severity of the problem, or whereby the break may result in other related problems, the employee must have approval from the Water Treatment Plant Operator to continue. In this situation the property owner must be made aware, in writing, that a bill for services may be presented.

§ A150-51 Water policies outside Village.

A. The Village of Carthage is responsible only for the Village of Carthage installed water mains outside of the Village. Where property owners have joined to install their own main, the installation, maintenance and repair of that line is the responsibility of the joint owners. The installation, maintenance and repair of water lines shall also be the responsibility of the property owner. All taps on water lines and services must be witnessed by the Village of Carthage and done to Village specifications. Valves have to be installed at all taps. The Village reserves the right to terminate services outside the Village.

B. If, in an emergency situation, the Water Department employee determines that it is in the best interest of the Village to assist with a break due to the severity of the problem, or whereby the break may result in other related problems, the employee must have the approval from the Water Treatment Plant Operator to continue. In this situation the property owner must be made aware, in writing, that a bill for services may be presented.

C. The Village of Carthage will continue to supply water to properties outside the Village which are already connected to the Village water system. The practice, however, of connecting new properties outside the Village to the Village water system must have approval from the Village Board as well as the approval of the Joint Water Board.

D. Except as noted above, the Village will neither work on lines outside of the Village or on private property.

E. Where a contract exists and there is a conflict between the contract and this policy, the wording of the contract shall supersede.

§ A150-52 Water meters inside and outside Village.

A. Except as stipulated differently by contract, the Village of Carthage will provide, at no charge, a water meter to all users of Village of Carthage water. The water user must install the meter at his or her expense and in a location specified by the Water Department employee. All installed meters shall be properly sealed.

B. Owners of properties with water meters provided by the Village of Carthage are responsible for the protection of the meter and are cautioned in particular to take care that the meter does not freeze up. When a meter is broken or becomes unusable for lack of proper protection, the meter shall be replaced at the expense of the property owner. A meter must be read and inspected by the meter reader at least once yearly where estimated readings have been used. Access to the meter is the responsibility of the property owner.

C. The Village water meter readers will enter no residence to read a meter when no one is at home, nor is it their responsibility to read a meter that is not easily accessible. In such circumstances, the meter reader will leave at the residence a card enabling the occupant to supply the desired information and requesting that the card be returned to the Village Clerk's office, or the occupant may telephone the Village Clerk's office and request that the water meter reader return at an appointed time. When the occupant fails to take either such action, the consumption of water will be estimated and the water bill prepared accordingly.

D. Where a contract exists and there is a conflict between the contract and this policy, the wording of the contract shall supersede.

§ A150-53 Water shutoffs.

A. Service for water may be discontinued for any of the following reasons:

(1) For neglecting to make payments or for nonpayment for water service or any other charges accruing under this application.

(2) For refusal of reasonable access to property for the purpose of installing, reading, inspecting, testing, caring for or removal of a meter(s).

(3) For excessive waste of water through improper or imperfect pipes, fixtures, or otherwise.

(4) For tampering with any service pipe, meter, curb stop, or any other appliance of the Village.

(5) For use of water for any property other than the principal property serviced by the service line.

B. This notice will give the property owner/designee 30 days to rectify the recorded problem(s). In the event that no corrective action is taken by the property owner/designee within the thirty-day period, then water will be shut off for nonpayment. A list containing the names, date of shutoff and either amount due or reason for shutoff will be provided to the Village Board.

[Amended 3-17-2008]

C. Service will be renewed when the conditions under which service was discontinued are corrected and upon payment of all charges provided. In the case of an outside water user, service will only be renewed upon payment in full of the past due amount and a signed contract with the Village for future services.

D. Subsection A(3) and (5) above may require a shorter time frame for discontinuing the water service. If the Water Department employee determines that a leak exists in a water line on private property, the severity of the leak shall govern the amount of time given before the service is discontinued. While the Village realizes that there may be some burden to the property owner for the repairs, flooding of neighboring cellars or other related problems could result, in addition to the loss of filtered water.

§ A150-54 Swimming pools.

[Amended 10-17-2014 by L.L. No. 6-2014; 4-19-2021 by L.L. No. 2-2021]

A. Village residents that request to have their swimming pool filled from a fire hydrant must direct their request to the Village Clerk's office. A minimum of three days' notice is required, unless the Water Department schedule can accommodate the request sooner. The Village Clerk's office will refer the request to the Water Department for compliance. If in the judgment of the Water Superintendent it is deemed unsafe to fill from a fire hydrant, then the property owner will have to make other arrangements.

B. Charges for such service will be based on the current rate for metered water, to which a labor charge of $100 will be added.

C. The property for which the request is being made must have a zero balance account prior to having this service provided.

D. There will be no swimming pools filled by the Village of Carthage for properties outside the Village.

E. Residents that fill their own swimming pools through their home meter can receive a credit on their sewer portion of water/sewer bill for the billing period in which the water was used, providing they complete the pool filling credit request. The forms are available at the Village Clerk's office. The amount of credit will be calculated based on the size of the pool and height of water added to it. No credit is given when topping off the pool requires less than two billing units (1,500 gallons). Only one pool filling request will be granted annually for any property.

F. For the purposes of this policy, the term "swimming pool" shall mean a swimming pool as defined in the New York State Uniform Fire Prevention and Building Code as the same may be amended from time to time.

§ A150-55 Water and sewer bills.

[Amended 3-17-2008]

A. Village charges for water and sewer bills will be computed and bills for same will be mailed quarterly. Charges will conform to a prevailing schedule determined by resolution of the Village Board. When, after a water/sewer bill remains unpaid after the due date, a thirty-day notice will be sent to the owner. If payment is not received within that thirty-day period stated, water will be shut off for nonpayment. No further notice will be provided. Water and sewer bills remaining unpaid as of March 31 will be added to the property owner’s taxes due June 30.

B. The owner of a property to which Village water is supplied will be ultimately responsible for the payment of water and sewer charges based on such service.

C. When a property is leased or rented and there is an agreement between the landlord and tenant that the tenant will pay water and sewer charges, the landlord shall still be responsible for the water and sewer charges. Said water and sewer bills will be sent directly to the property owner, who, in turn, may present the bills to the tenant for payment. Upon request, the Village may also send a copy of the water bill to the tenant. In the event that a tenant does not pay his water and sewer bills, the Village shall not be a party to any action between the property owner and the tenant.

§ A150-56 Snow removal.

The Village of Carthage will plow municipal parking lots. Except as hereinafter provided, the Village of Carthage will remove snow only from crosswalks and from sidewalks adjacent to Village-owned property. In compliance with the local law on sidewalk shoveling, complaints about unshoveled walks will be directed to the Police Department. Upon receiving such a complaint, police will investigate and, if the sidewalk in question is found to be unshoveled, will notify the resident whose sidewalk is unshoveled of his or her obligation, under the local law, to keep the walk shoveled.[1] If police thereafter determine that the sidewalk in question remains unshoveled, the Superintendent of Public Works will be notified and will cause to have the sidewalk shoveled by Village employees. The cost of such shoveling will be computed at $1 per foot of sidewalk shoveled or a minimum bill of $25. The information, including the cost, will be given to the Village Clerk who, in turn, will bill the resident whose sidewalk was shoveled by the Village. Any such bills remaining unpaid when Village property taxes are next levied will become a lien on the property in question.

[1] Editor's Note: See Ch. 120, Art. II, Snow and Ice Removal.

§ A150-57 Sidewalks.

A. As of the time of the adoption of this policy, it is acknowledged that:

(1) Many sidewalks in the Village of Carthage are in need of repair or replacement;

(2) Although neither the Village of Carthage Charter nor the New York State General Village Law appears to contain a clear definition of sidewalk "ownership," a sidewalk is implied to be the joint responsibility of the Village and the property owner, and both are implied to be subject to any liability arising from the condition of a sidewalk;

(3) Although both the Charter and the General Village Law empower the Village Board to assess a property for as much as 1/2 the cost of sidewalk repair or replacement, such practice has not been in effect in Carthage in the past.

B. In recognition of the foregoing, the following two-phase policy on sidewalks is hereby enunciated:

(1) Phase 1: The Department of Public Works is instructed to make a survey of all Village sidewalks to determine which sidewalks need repair or replacement, to estimate the costs therefor, and to establish priorities under which sidewalks in the worst condition would receive earliest attention. Depending on the number of sidewalks proposed for repair or replacement, and the total estimated cost, the Village Board shall adopt a long-range plan for such projects, preferably not to exceed five years, and annually shall budget general fund appropriations for carrying out such plan.

(2) Phase 2: Once a sidewalk has been restored to satisfactory condition, the upkeep and maintenance of that sidewalk, including any future repairs or replacement, shall be the joint responsibility of the Village and the owner of the lot or parcel of land fronting upon or adjoining such sidewalk. The property owner's share of that responsibility, in the event of future repairs or replacement, will be in the form of an assessment representing 1/2 of the cost of the repairs or replacement, payable within 30 days of the property owner having received notification of such assessment. Any such assessment remaining unpaid at the end of the official year in which it was imposed shall be added to the Village tax on that property for the following year.

C. Business District sidewalks. The Village reserves the right, as empowered by the Village Charter and in compliance with provisions of Village Law, to assess 1/2 the cost of sidewalk repair or replacement to property owners within the Business District, due to the excessive cost of such replacement.

§ A150-58 Collection of leaves, etc.

A. Leaves raked to the curbside throughout the Village will be collected by the Department of Public Works in a period of time every fall designated by the Superintendent of Public Works.

B. Dead branches, leaves and other rakings, and the like, but not to include garbage or rubbish, will be collected by the Department of Public Works in a period of time every spring to be designated by the Superintendent of Public Works.

C. A target date of November 1 is established for the cutoff date but will be set at the Board's discretion.

§ A150-59 Interdepartmental cooperation.

During hours employees of the Department of Public Works (including the Water Department) are not normally at work, the Police Department and/or Fire Department may be notified of any emergency and will relay such information to an appropriate employee of the Department of Public Works, who shall deal with the situation. A list of persons to be called will be provided to both Departments by the Superintendent of Public Works.

§ A150-60 Ditches.

The Village of Carthage Department of Public Works will clean ditches in the Village once a year. In between each annual cleaning by the Village, owners of property on which ditches are located will be responsible for maintaining those ditches in satisfactory condition. The local law of 1959 prohibiting dumping in ditches will be strictly enforced.[1]

[1] Editor's Note: See Ch. 74, Drainage Ditches.

§ A150-61 Wood removal.

When the Village Board contracts with a person or persons to cut down a tree on Village property, the contract must take into consideration the useful value of the wood from the tree and the disposal of the residue.

§ A150-62 Tree replacement.

A. Upon the request of the owner of a property from which a tree has been cut down by the Village, or when permission to do so has been granted by the property owner, the Village of Carthage will supply a replacement tree. Replacement trees will be planted only between the sidewalk and the curb. The Village, either through an independent contractor or Village forces, will plant such replacement trees, provide initial required fertilization and mulching, guying and staking and return the disturbed property to its original condition. The Village will only supply trees of moderate size and which develop relatively shallow and nonintrusive root systems. A list of available tree types will be provided to the property owner to decide which variety is best suited to his/her individual property. The Village shall reserve the right to deny a replacement tree if it is felt that planting such tree at a particular location is not in keeping with the overall health, safety and welfare of all residents.

B. The property owner will be provided with a manual for providing necessary care for the replacement trees and is responsible for providing this level of care. Should replanted trees die within one year, as long as adequate care was provided, the Village will replace the tree.

C. The Village will replace trees yearly with the actual number dependent upon the amount budgeted in that given year. The Village will maintain a list of property owners interested in this program and prioritize this list according to the timing of the individual request. The Village Board may wish to prioritize a specific street for multiple replantings in a given year should a need arise.

§ A150-63 Cellar pumping.

[Added 9-20-2004]

A. The Village of Carthage assumes responsibility for pumping cellars only when it is determined by the DPW that the water in the basement was the result of a water main break, another resident's lateral line breaking, a backed up storm drain, or a sewer main break.

B. Upon the discovery of a flooded basement, through no fault of the Village of Carthage, that was caused by a plugged floor drain, broken internal lines, or a faulty sump pump, it will be the responsibility of the homeowner to have the cellar pumped.

C. If the Fire Department is dispatched it will make the decision, based on Department policy, to pump the cellar, or contact the DPW if the cause of flooding follows the DPW pumping policy. The flooded cellar will be deemed the homeowner's responsibility if the cause of flooding does not apply to either policy.

D. When cellars take in water due to severe flooding, heavy rains, or ice jam, the DPW and the Fire Department will work as a joint effort to assist Carthage residents with the pumping of their cellars once the flooding has subsided and has started to recede.

E. Except as noted above, the Village of Carthage does not work on private property.