[HISTORY: Adopted by the Board of Trustees
of the Village of Fair Haven 10-1-1990 by L.L. No. 2-1990 (superseding former
Ch. 33 of the 1970 Code, Water, comprised of Art. I, Rules and Regulations,
and Art. II, Rates). Amendments noted where applicable.]
The purpose of this chapter is to promote and
protect the public health, welfare and safety, by regulating the use
of the public water system of the Village of Fair Haven by residents
of the Village, and by residents located outside the Village of Fair
Haven.
This chapter shall hereafter be known and cited
as the "Water User Law."
This chapter is adopted under the authority
of Article II of the Village Law of the State of New York.
This chapter repeals and replaces Chapter 33,
Articles I and II, of the Code of the Village of Fair Haven.
This chapter establishes the rules and regulations
for the use of the public water system of the Village of Fair Haven.
Said water system consists of any and all water treatment facilities
and connecting water lines operated and maintained by the Village
of Fair Haven. This chapter further applies to any water lines located
on private property, connecting individual units to the public water
system of the Village of Fair Haven.
For application of this chapter, the following
definitions will prevail:
Includes any structure or enclosure to which water is supplied,
whether attached to realty or not, whether the same be occupied or
vacant, and shall include boats and vessels.
The legal owner of premises supplied with water.
Includes all places to which water is supplied, whether the
same be occupied or vacant.
A tenant, lessee, occupant, undertenant, receiver or assignee
of premises supplied with water, and also includes a consumer of water
irrespective of his legal status with respect to the realty.
Refers to the person or persons in charge of, or responsible
for, the furnishing of water by the municipality, or any person designated
to act on their behalf.
A.
All applications for the introduction of supply of
water to any premises, and for replacement and modifications of existing
installation, or for the extension of any pipe or line for the conveyance
of water, must be made in writing to the Village, upon such forms
as shall be provided by the Village, by the owner or user of the premises
supplied. If the applicant is not the owner of the premises, the written
consent of the owner must accompany the application.
B.
A fee as established annually shall be paid upon the
filing of each application for each specific service line.
C.
The Village reserves the right to refuse any application
if, in its judgment, it shall be for the best interest of the Village.
D.
No permit shall be granted for the installation, replacement,
extension or modification of water supply without Village Board approval.
No water service will be turned on until fees for tapping mains, connection
for service, deposits and all other authorized charges have been paid.
[1]
Editor's Note: See the Service Agreement Form
at the end of this chapter.
A.
No private service line from a municipal water main
shall be installed, altered, or replaced until a permit shall have
been obtained.
B.
No opening shall be made in any municipal street,
except in full compliance with all municipal laws, rules and regulations,
and the payment of the fees and the posting of the bond therein specified.[1]
C.
All connections or taps of water mains shall be made
by the Water Department, after receipt by the Water Department of
proof that a permit has been obtained, and the required fee paid at
least 24 hours in advance of the time it is requested such connection
or taps be made. Such connections and taps will be made at the convenience
of the Water Department.
D.
All private service lines shall hereafter be installed,
maintained, and replaced with approved materials laid not less than
four feet below the established grade of the adjacent street or existing
ground level, and at least 18 inches away from but parallel to other
pipes provided for other uses for utilities. Where it is impractical
to meet these requirements by reason of existing conditions, the Water
Department, by judgment of the Superintendent of Public Works, may
upon application therefor, grant a permit for some other method of
installation.
E.
The Water Department shall designate the point at
which the water main is to be tapped. The Village shall make the necessary
excavations for all taps, the cost of which shall be paid by the owner
or applicant.
F.
No new tap shall be made to a water main to connect
with a service line which is intended to replace an existing service
line, unless the existing service line is properly disconnected at
its tap to the main. The expense of such disconnection shall be borne
by the owner or applicant.
G.
There shall be a separate and distinct tap for the
service of each building (other than an accessory building) or separate
premises supplied with water, and no service line shall be connected
to any building or premises other than herein provided.
H.
The siamesing of service is prohibited. Where there
are separate and distinct establishments, such as stores or other
places of business contained within one building, separate and distinct
taps shall be provided for each store or place of business. No in-house
or private water system shall in any way be interconnected or capable
of being interconnected with the Village water system. Interconnection
of a private water system with the Village water system, or installation
of a device or means for so interconnecting, shall immediately revoke
the owner's or applicant's permit, and water service to such owner
or applicant may be discontinued without notice.
I.
All outside service lines building and service pipes,
outlets, and fixtures, shall be maintained in good order and repair,
protected from frost, leaks and breaks, and must be promptly repaired
if not in good order to prevent waste of water. If an owner or applicant
fails to observe these requirements, after due notice, the Water Department
may discontinue the water supply to such owner or applicant and assess
the cost thereof against the real property affected.
J.
Whenever a water service pipe becomes frozen between
the main and the building service, the Water Department shall be authorized
to shut off or disconnect service, and such services shall not be
resumed until the water service line is thawed by the owner or applicant,
and an inspection has been made determining that the service line
has not been damaged by reason of such freezing. The cost of disconnecting
or discontinuing the water service and the inspection and reconnection
shall be borne by the owner or applicant.
K.
Owners will install, or have installed at their expense,
a curb valve shutoff, as specified by Water Superintendent, beyond
the Village's curb valve.
A.
Water meters of a type approved by the Village, on
recommendation of the Water Department, shall be installed in all
buildings and for all services to which water is supplied. Upon recommendation
of the Water Department, and approval by the Village, the requirement
of an installation of a water meter may be waived, and the consumption
of water be charged on a flat fee to be determined by the Village.
B.
Ownership.
(1)
Water meters shall be purchased by the Village for
the exclusive use of the Water Department, to be installed by or under
the direction of the Water Department. Water meters installed other
than by the Water Department must be installed by a person, firm or
corporation approved by the Water Department.
(2)
Title to any water meter shall remain in the Village
of Fair Haven and the installation by the Village of Fair Haven or
the Water Department, or by a person, firm or corporation approved
by the Water Department, of a water meter on any private property
shall not affect ownership of the water meter by the Village of Fair
Haven. Each owner of real property, or person having an interest in
real property, shall be deemed to have consented to the retention
of ownership of the water meter in the Village of Fair Haven by requesting,
allowing or permitting water service to be installed to that property,
or allowing the property to be occupied by someone with apparent authority
to request, permit or allow installation of a water service to that
property, and such meter shall never be considered a fixture attached
to the real property.
C.
Installation of meters outside of Village. In every
installation of water service before permit is granted, the owner
or applicant shall provide facilities for setting of a water meter
according to specifications provided by the Water Department. Such
facilities shall include provision for the water meter to be set in
a horizontal position in such manner to afford ready access to inspect,
and shall be protected against frost, steam or hot water. There shall
be provided by the owner or applicant a shutoff valve on each side
of the meter. The service line shall be installed without facilities
which may be used for a connection between the water main and the
water meter. The water meter may, after installation, be sealed by
the Water Department, which shall thereafter have exclusive control
over the water meter. No water meters may be removed without a written
permit from the Water Department. The Water Department may remove
a meter at any time for testing, maintenance or substituting another
meter, temporarily or permanently. Water meters shall be set as nearly
as possible to the point of entry of the service connection pipe to
the building, and shall be kept unobstructed. In circumstances where
the customary location of a water meter makes it impractical to install
a water meter at that location, the Village or Water Department may
require the meter to be set in a pit or box, provided by and at the
expense of the owner or applicant, the construction of which shall
be approved by the Village and the Water Department prior to the issuance
of a permit.
D.
No person other than an employee of the Water Department
shall interfere with or remove any water meter, sealing device or
coupling from any meter installation after it has been placed in service
by the Water Department. Any meter damaged by frost, hot water, steam
or any careless or negligent acts of the owner or applicant, and such
costs shall be a charge upon the real property. Any willful acts by
the owner or applicant resulting in injuries to a water meter, or
any acts designed to interfere with the proper operation of a water
meter shall be cause for a discontinuance of water service, and the
cost of such discontinuance shall be assessed to the owner and charged
to the real property.
E.
The submetering or sale of water by water consumers
to others is strictly prohibited and shall be cause for the Village
to discontinue service and charge the cost of such discontinuance
to the owner, and such costs shall be a charge against the real property.
F.
Theft of water. No person, user or owner shall tamper
with a water meter or install lines, hoses, pipes or connections routing
water around a water meter, or attempt in any manner to prevent the
meter or device from performing its measuring function, without the
consent of the Village. Theft of water shall be a misdemeanor, punishable
by a definite sentence of imprisonment not to exceed one year, and/or
a fine not to exceed $1,000.
G.
Notwithstanding the foregoing, theft of water may
be prosecuted pursuant to § 165.15 of the Penal Law of the
State of New York, entitled "Theft of services." All rules contained
thereunder shall be a part of this chapter.
A.
Water rates shall be fixed and established by the
Village Board of Trustees for consumers within the Village and for
consumers outside the Village, annually, or at any other time as determined
by the Village, except that if no action is taken by the Village,
the most recently adopted schedule shall continue in effect. Water
rates shall be established pursuant to §§ 11-1118 and
11-1120 of the Village Law of the State of New York.
B.
All water rates shall be charged on the basis of the
amount registered on the meters installed, as herein provided, or
a minimum charge, or on any combination of these methods as established
and fixed by the Village.
C.
The minimum service charge rate shall be payable even
though no water is consumed.
A.
Water supplied to consumers outside the boundaries
of the Village shall be on such terms and such conditions as may be
fixed by the Village Board. The Village Board may require that there
be deposited with the Village a sum equivalent to the estimated cost
of water to be supplied to an applicant for each ensuing six-month
period, and that such deposit to be held as securities for collection
of the water rent.
B.
Any water supplied to consumers outside the Village
limits shall be furnished only upon an agreement that the Village
assumes no obligation to maintain any facility not owned by the Village.
C.
All water supply contracts for outside users may be
reviewed yearly for updating and approval.
D.
The minimum service charge and/or water rates payable
by consumers outside the Village may be at a greater rate than the
current water rates payable by consumers within the Village, and such
outside water rates shall be established by the Village Board.
E.
Consumers to whom water is supplied outside the boundaries
of the Village shall be subject to disconnection of such service as
provided in the rules and regulations for any and all consumers.
F.
Nothing contained in this section shall be construed
to relieve consumers of water outside the Village boundaries from
any liabilities or obligations, imposed by law or ordinance, upon
resident users of water.
G.
Nothing contained in this section shall be construed
to give any person or persons any right or rights to water from the
Village, and the granting of each such temporary permit shall be by
the Village Board.
A.
If the water rent is not paid prior to the first day
of the next succeeding month in which the charge was due, a penalty
of 20% of the charge shall be added thereto. If the water bill, including
penalty, is unpaid on the 10th day of the second month after payment
is due, water to such property shall be shut off, and an additional
charge of $20 shall be imposed and designated a shutoff charge. Water
service will only be restored after the entire bill, including all
penalties and charges, shall be paid in full.
B.
Notwithstanding the foregoing, collection of delinquent
water rents may be enforced pursuant to Village Law § 11-1118,
as enacted and amended now and hereinafter. All attorney's fees and
costs incurred by the Village of Fair Haven in collecting any delinquent
water rent more than 45 days past due shall be charged against, and
added to, the amount of the unpaid bill and shall be a part of any
lien therefor.
C.
Notwithstanding the foregoing, delinquent water rents
and penalties remaining unpaid on the 11th day of January of each
year shall become a lien and added to the Village real estate tax
levied against the property, as provided in Village Law § 11-1118.
D.
The Village Board of the Village of Fair Haven is
hereby authorized to enforce this chapter in all respects, including
the full power to collect rents, and its decision shall be final and
binding.
Unless in actual use, all hydrants, taps, fixtures
or other outlets must be securely shut off. Any unnecessary waste
of water is strictly prohibited.
If the Village Board at any time determines
that an emergency exists threatening a shortage of water supply, the
Board may prescribe emergency rules for further regulation and restriction
of the use of the water supply, and such rules shall be the force
and effect of a rule or regulation duly adopted.
A.
The Superintendent and other duly authorized employees
of the Village bearing proper credentials and identification shall
be permitted to enter all properties for the purpose of inspection,
observation, measurement, sampling and testing in accordance with
the provisions of this chapter. The Superintendent or his representatives
shall have no authority to inquire into any process, including metallurgical,
chemical, oil, refining, ceramic, paper, or other industries, beyond
that point having a direct bearing on the water system of the Village
of Fair Haven.
B.
The Superintendent and other duly authorized employees
of the Village bearing proper credentials and identification shall
be permitted to enter all private properties through which the Village
holds a duly negotiated easement for the purpose of, but not limited
to, inspection, observation, measurement, sampling, repair and maintenance
of any portion of the waterworks lying within said easement. All entry
and subsequent work, if any, on said easement, shall be done in full
accordance with the terms of the duly negotiated easement pertaining
to the private property involved.
If any clause, sentence, paragraph, section
or part of this chapter shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof, but shall be confined and apply
in its operation only to the clause, sentence, paragraph, section
or part thereof directly involved in the controversy in which such
judgment shall have been rendered.
A.
No person, firm, hospital, association, corporation,
whether public or private, partnership, or any agent, employee, builder,
plumber or contractor therefor, or any of their agents, employees,
or subcontractors, shall in any way violate or assist, solicit, request,
command or aid in any violation of any of the provisions of this chapter.
A violation shall include, but is not limited to, the refusal, neglect
or omission to do any act or obtain any permit required by any of
the provisions of this chapter. All owners of each parcel of realty
and all users of the system where a violation occurs shall each be
fully responsible for each said violation under this chapter in addition
to the actual violators thereof. In addition, a person is liable for
conduct constituting a violation of this chapter which he performs
or causes to be performed in the name of or on behalf of a corporation
to the same extent as if such conduct were performed in his own name
or behalf.
B.
An action or proceeding may be maintained in the name
of the Village of Fair Haven in any court of competent jurisdiction
to compel compliance with, or to restrain by injunction, the violation
of any portion, section or any part of any section of this chapter.
C.
Nothing herein shall limit the authority or right
of the Village Board of Trustees to disconnect the premises affected
from the Village water supply system as provided in this chapter.
D.
In addition to any and all remedies, penalties, charges
and interest set forth herein, a violation of any of the provisions
of this chapter shall be a criminal violation and, upon conviction
thereof, each such violation shall be punished by a fine not to exceed
$250, or by imprisonment of not more than 15 days, or by both such
fine and imprisonment.
E.
In addition, all violators may be proceeded against
by the Village or by the Superintendent, or by the owner of any property
in the Village affected by such violation, by appropriate action or
by proceeding in equity or otherwise to prevent, enjoin, remove, and/or
discontinue any violation or potential violation of this chapter,
and/or to recover a money judgment.
F.
The Village shall be entitled to recover from any
person found in violation, and from the owner of the property on which
the violation has occurred, all attorney's fees, Superintendent's
fees, and other costs to the Village of ascertaining and remedying
violations of this chapter and enforcing the rights of the Village
and penalties hereunder.
G.
The imposition of all penalties for any violation
of this chapter shall not excuse the violation thereof or permit it
to continue. The application of all penalties hereinabove and herein
provided shall not prevent the enforced removal and termination of
conditions, acts, and omissions prohibited by this chapter, the enforced
adherence thereto, or the taking of such other action as may be authorized
by this chapter or any other law.
H.
The remedies under this chapter may be used singly,
concurrently and sequentially in any combination and the use of one
remedy shall not exclude the exercise of any other remedy hereunder.
I.
Each day that a violation under this chapter shall
be allowed to exist shall be deemed a separate violation.
This chapter shall be effective upon filing
with the Secretary of State.
