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City of Geneva, NY
Ontario County
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Table of Contents
Table of Contents
[Adopted 7-3-1968 as Ch. 45, Art. I, of the 1968 Code]
[Amended by Ord. No. 76-16, eff. 6-2-1976; Ord. No. 82-11, eff. 4-7-1982]
The following rules shall be considered a part of the contract with any person who takes water supplied by the City and every such person taking the water shall be considered as having expressed his consent to be bound thereby. Whenever any one of the said rules is violated, the right is reserved to cut off the water without notice, and the person whose water is thus cut off shall forfeit all payments made and the water shall not be turned on again until all unpaid rents and charges are paid, together with a charge of $10 for turning the same on again. In case the violation of any rule is discovered previous to turning on the water, then the water shall not be turned on said premises until the rules are fully complied with.
A. 
All persons desiring a water supply from the City must first make a written application on the books of the Department of Public Works kept for that purpose at its office, stating fully the several and various uses for which the water is wanted and the name of the licensed plumber selected to do the work of introducing the water. Such application must be signed by the owner of the premises or his duly authorized agent, whereupon a permit to perform the said work and no other will be issued to said plumber specifying the particular use thus applied for.
B. 
All persons desiring a water supply from the City shall employ a regular licensed plumber to do the work. When the work is completed to the satisfaction of the Superintendent of Public Works and in compliance with all the rules and regulations, on payment of the charges due the City at the Comptroller's Office, the water will be turned on the premises.
C. 
Any person wishing a water supply from the City shall make application through the City Engineering Department for a water tap permit. Work will be performed by Department of Public Works personnel. Before this permit is granted a fee, which is to be adjusted administratively annually, based on the inflation rate is charged as listed below:
[Added 5-3-1989 by Ord. No. 89-12; amended 8-7-2002 by Ord. No. 4-2002]
(1) 
Water tap fees, installed, complete from water main to City right-of-way line:
(a) 
Tap, 3/4-inch:
[1] 
Service materials: $154.
[2] 
Materials for excavation/restoration: $1,154.
[3] 
Equipment: $816.
[4] 
Labor: $1,501.
[5] 
Total for 3/4-inch: $3,625.
(b) 
Tap, 1-inch:
[1] 
Service materials: $204.
[2] 
Materials for excavation/restoration: 1,154.
[3] 
Equipment: $816.
[4] 
Labor: $1,501.
[5] 
Total for 1-inch: $3,675.
(c) 
Tap, 1 1/2-inch:
[1] 
Service materials: $464.
[2] 
Materials for excavation/restoration: $1,154.
[3] 
Equipment: $816.
[4] 
Labor: $1,501.
[5] 
Total for 1 1/2-inch: $3,935.
(d) 
Tap, 2-inch:
[1] 
Service materials: $624.
[2] 
Materials for excavation/restoration: $1,154.
[3] 
Equipment: $816.
[4] 
Labor: $1,501.
[5] 
Total for 2-inch $4,095.
NOTE: Cost of tap fees larger than two inches in size will be determined on an individual basis.
(2) 
Disconnect fee, 1 1/2- to 2-inch: $1,000.
NOTE: Cost of disconnect fee larger than two inches in size will be determined on an individual basis.
[Amended 3-2-1983 by Ord. No. 83-7]
A. 
The plumber employed and designated by the owner of the premises will be considered as the agent of said owner while employed in the prosecution of the work of introducing water into the said premises, and will not be recognized in any sense the agent of the Department of Public Works or the City. Neither will the Department of Public Works nor the City hold itself responsible for the acts of the said plumber.
B. 
The Department of Public Works will determine the size of the taps to be inserted in any water main and the form and size of curb box to be used under any application and permit, and will furnish such taps and curb boxes at the expense of the applicant, to be paid for upon making the application.
C. 
The work of inserting taps, tees or braces and connections in any water main shall be done only by persons employed by the Department of Public Works or by a competent plumber having a permit in writing from the Superintendent to make such connections.
D. 
Owners desiring to introduce a water service pipe into their premises will be required to extend said service at right angles with the main pipe to the inside of the curbline of the street, at which point a metallic curb cock and curb box shall be placed, of such form and construction as shall be approved by the Department of Public Works. The top of said curb box shall be placed on the grade of the sidewalk of the street, and shall be kept at all times in perfect order and repair.
E. 
In cases where the curb boxes and street washers are set in flagging or pavement of the sidewalk, the stones are to be neatly and accurately cut, and top of the boxes set even with the surface of the pavement or flagging; and in all other cases flush with the surface of the sidewalk.
F. 
Owners desiring to introduce water into any premises along or in front of which water mains have not been laid must make application therefor to the Department of Public Works.
G. 
The owner receiving a permit for the introduction of a water service into his premises and the plumber doing the work will be required to cause said service to be placed not less than four feet below the surface of the earth at any point between the water main in the street and the inside of the foundation wall of the building into which the water service is introduced.
H. 
No water pipe which is to operate as a water main shall be laid in the same trench with a sewer, either public or private, and no water service pipe shall be laid in the same trench with a lateral sewer under any circumstances.
I. 
The owner of the property, into which water is introduced by a service pipe, will be required to maintain in perfect order and repair, at his own expense, the said service pipe and its fixtures and appurtenances, including all fixtures therein provided for delivering or supplying water for any purpose and, in case said service and fixtures are not so kept in perfect repair, the Department of Public Works may cut off the supply of water therefrom without notice and collect the expenses incurred against the premises, to be collected with the first bill of supply for water that shall become due against said premises.
J. 
Specifications of service pipe.
(1) 
All service pipes from the water main to the curb box, up to and including one inch bore, shall be of copper pipe of suitable quality and strength or lead or tin lined lead pipe. Said lead pipe is to be of the quality, strength and weight known as AAA and shall meet the following minimum specifications:
1/2 inch, 3 lbs. per foot, 1 inch exterior diameter
5/8 inch, 3 1/2 lbs. per foot, 1.10 inch exterior diameter
3/4 inch, 4 7/8 lbs. per foot, 1.33 inch exterior diameter
1 inch, 6 lbs. per foot, 1.60 inch exterior diameter
(2) 
The said lead or copper service pipe shall have an excess of length of not less than six inches above the length required to connect the tap in the main and the curb cock, so as to produce a slack, the greater part of which shall occur near the tap.
K. 
Just inside the basement wall of a building, into which the service pipe extends, a stop and waste cock shall be conveniently located and arranged so that the water may be drawn back and all the pipes within the building emptied through said stop and waste by opening the faucets at the highest point therein and allowing the air to enter said pipes.
L. 
Water will be turned on to premises only after the plumber has completed the work, as required by the rules. The curb cock controlling any service shall not be left open by the plumber or any other person, after connecting said service with street main, or after making any new extension in unoccupied premises, so that the water may be supplied to said premises, by said service, without a written permit from the Superintendent. But in cases where the work is simple extension or additional attachment in premises where the water is then in use, and when a permit has been duly obtained for same, then the plumber may leave the water on the premises and the owner will be charged for the additional use from the date of the application.
M. 
In all cases where range or steam boilers are supplied with water, it is understood and agreed that the Department of Public Works and the City will not be liable for any damage which may result to any person or premises from shutting off the water from any water main or service for any purpose whatever, even in cases where no notice is given; but it is the intention of the department when practicable to give suitable notice of such shutting off to the consumer, and no deduction from water bills will be made in consequence thereof.
N. 
Permission will not be granted to supply two or more buildings fronting on the same street from a single tap, unless the service shall be divided at the curb and a separate service extended therefrom, controlled by a separate curb cock for each service. In case only one of several buildings occupies the frontage of a single lot and others are located in the rear of the said front building, then permission may be granted to supply all of the said buildings from one service, where the owner shall pay for all the water used.
O. 
In case a double house or other building fronting on any street is to be supplied with water, a separate service to each from the curb, and controlled by a separate curb cock, will be required. But said double house or building may be supplied by a single service where the owner shall pay for the water used.
P. 
When water shall be supplied to more than one party through a single tap, the bill for the water supply will be made to the owner of the premises, and in case of nonpayment, the water may be shut off, notwithstanding one or more of the parties may have paid their proportion to such owner or to any other party.
Q. 
Whenever two or more parties are supplied with the same service pipe, the failure of any one of the number to pay the water rates when due or comply with any rule, shall authorize the Department of Public Works to turn the water off from said pipe until rates, terms and conditions are complied with.
R. 
It is understood and agreed that the Department of Public Works, their agents and assistants, may enter the premises of any water-taker, at any reasonable time, to examine the pipes and fixtures, the quantity of water used and the manner of its use, and in case of fraudulent representation on the part of any water-taker, or unnecessary waste of water, the payment will be forfeited and the supply cut off.
S. 
In case of making repairs or constructing new work, the City and the Department of Public Works reserve the right to shut off the water from any consumer without notice and keep it shut off as long as may be necessary.
T. 
The City and the Department of Public Works reserve the right to limit the amount of water furnished to any consumer, should circumstances seem to warrant such action, although no limit may be stated in the application or permit for such use; or the Department of Public Works may entirely cut off the use for any manufacturing purposes, or any use for supplying power at any time, by giving reasonable notice to the consumer of such intended action.
U. 
Unless said property has a fire suppression system wholly dependent upon the public water source, the Director of Public works shall order water service disconnected to any property ordered vacated and unfit for human habitation by the Geneva Municipal Court or other court of competent jurisdiction; said service not to be restored until the order is lifted by the same court and upon payment of a reconnection fee of $25, as well as any outstanding water rates, sewer rents, and other applicable fees.
[Added 3-7-2012 by Ord. No. 2-2012]
[Amended by Ord. No. 76-16, eff. 6-2-1976]
A. 
Any consumer wishing to discontinue the use of water supplied from the water works must give notice thereof at the office of the Department of Public Works, and he will be charged for the use until such notice is given.
B. 
Whenever water has been turned off by the Department of Public Works for nonpayment of rents, or for purpose of repair or construction, or for any other necessary or proper reason, no person will be permitted to turn it on again who is not duly authorized to do so by the Department of Public Works. And when water is turned off for nonpayment of rents or for violation of any one rule or regulation contained herein or of the Department of Public Works, it shall not be turned on again until the party in default shall pay all water rents or other charges due and the amount of $150 as a penalty for the discontinuance and restoration of service.
[Amended 8-7-2002 by Ord. No. 4-2002; 1-9-2013 by Ord. No. 1-2013]
C. 
Prior to discontinuance of water service for nonpayment of rents, the Director of Public Works shall order the property to be posted with notice that said discontinuance is scheduled to occur. Any account for which such posting is required shall be assessed a charge of $50 which shall be paid, in addition to other charges due, prior to restoration of service.
[Added 1-9-2013 by Ord. No. 1-2013]
Masons and contractors shall not take water without a builder's permit for every separate job, and any party suffering others to get water from his premises, without first exhibiting a permit, will be held strictly liable. When any person desires to use the City water at any premises for building purposes of any description, the owner of such premises, or his agent having such premises in charge, must, before using City water for such purposes, make a regular application at the office of the Department of Public Works for permission therefor, and agree to pay such rates established therefor.
No person shall use the City water for flushing sewers, settling earth in ditches, or purposes of a like nature, without permission from the Department of Public Works and paying for the same in advance.
A. 
No person shall open any fire plug or hydrant, or draw water therefrom, except under the direction of the Superintendent of Public Works or as hereinafter provided.
B. 
The Fire Chief, his assistants and officers, and members of the Fire Department are authorized to use the hydrants and plugs for the purpose of extinguishing fire or cleaning engines, hose or department materials, or making trials of engines or hose of the department. But all such uses shall be under the direction and supervision of the Fire Chief or his assistants, and in no event will an inexperienced or incompetent person be permitted to manipulate or control in any way any hydrant, plug or other fixture.
C. 
Illegal use of a fire hydrant is subject to a fine of $150.
[Added 8-7-2002 by Ord. No. 4-2002]
No person except the Superintendent of Public Works or those acting under his direction shall open or close any valve or gate in the street mains or molest or interfere with same in any manner.
Permits may be granted in certain cases, on special application to the Department of Public Works, for supplying water from the water mains to elevators and for other purposes under the following conditions:
A. 
Tapping of the main is to be done by the employees of the Water Department.
B. 
A gate or valve must be put in which shall be accessible only to the Water Department.
C. 
The service supplying the motor must have attached thereto an approved meter, or other appliance which shall correctly register the quantity of water which passes through said service.
D. 
The expense and cost of said connections and service and of maintaining the same in good condition shall be paid by the applicant.
E. 
The charges for water shall be at meter rates, payable in time and manner as such prescribed.
F. 
In case of any failure on the part of the owner of the premises at any time promptly to cause repairs to be made to said service, measuring apparatus, or any fixture connected with said service, the Department of Public Works may shut off the water.
G. 
In case the Department of Public Works shall so direct, the owner of any water elevator or hydraulic motor shall be required to connect therewith air chambers of such form and design as shall be directed.
Standpipes or other pipes for automatic suppression of fires in buildings, which fixtures are only intended for use in suppression of fires, will be permitted to be attached to the water supply and no charge shall be made for the use of water for that purpose. But all such pipes must be provided with a suitable valve outside of the building under the exclusive control of the Department of Public Works. Also, in the case of standpipes, a valve must be placed at each hose opening, which valve shall be sealed by the Department of Public Works, for which the owner or tenant shall pay for sealing. In case such seals shall be broken for the extinguishment of any fire, the party breaking the seal shall immediately thereafter give notice at the office of the Department of Public Works and the valve shall be again resealed at the owner's expense. No standpipe or other fixture for fire protection will be allowed in premises when the water is not taken for other than fire purposes, and the Department of Public Works reserves the right to refuse any and all applications for purely fire protection uses in their discretion.
A. 
The Department of Public Works reserves the right to attach a meter to any service pipe whenever it is deemed expedient to do so and thereafter to charge meter rates for the water used. After a meter is attached, any damage which such meter may sustain, resulting from the carelessness of the owner, agent or tenant, or from the neglect of either of them properly to secure and protect the same, as well as any damage that may result from allowing the meter to become frozen, or to be injured by hot water or steam setting back from a boiler, shall be paid to the Department of Public Works on demand and, in case such payment is not so made, the water may be shut off from the premises without notice and will not be turned on again until all charges are paid.
B. 
The following regulations concerning the use of meters shall apply:
(1) 
If a meter gets out of order and fails to register, the consumer will be charged at the average daily consumption as shown by the meter when in order.
(2) 
All water passing though a meter will be charged for whether used or wasted.
(3) 
No meter shall be removed or disturbed without permission from the Superintendent of Public Works.
(4) 
The owner and tenant shall provide ready and convenient access to the meter so that it may be frequently read and examined by agents of the Department of Public Works.
(5) 
Meters will be removed and tested upon request. If any meter so tested shall be found to be registering correctly or to be running slowly or not to exceed 2% fast, the expense of removing and testing such meter shall be $25 and charged to the property owner. All bills for testing meters will be treated as water bills under Subsection C of § 341-15 of these regulations.
[Amended by Ord. No. 82-12, eff. 4-7-1982; 8-7-2002 by Ord. No. 4-2002]
(6) 
Meters that are larger than two inches in diameter and owned by the customer shall be maintained in operable condition at all times. Meters shall be tested based on the schedule listed below. Meters shall be within +/- 2% of design accuracy limits. When said meter becomes inoperable and notice is given to the property owner of said condition, the owner shall, within 30 days, cause said repairs to be made. Failure on the part of the owner to effectuate the necessary repairs to the water meter shall result in a surcharge of 10% on the total water and sewer bill and a final notice given the customer as to termination of service.
[Added by Ord. No. 75-18, eff. 11-5-1975; amended 8-7-2002 by Ord. No. 4-2002]
Meter Test Greater Than 2”
Size of Meter
(inches)
Test Schedule
3
Every 3 years
4
Every 2 years
6 or larger
Annually
(7) 
When a property owner requests a meter to be removed and then replaced at a later date, a charge of $25 will be imposed.
[Added by Ord. No. 82-12, eff. 4-7-1982]
A. 
No person shall make any attachment to or connection with the pipes of the City water system, nor make any addition to or alteration of any tap, pipe, cock or other fixture connected with the pipes supplying water to consumers from said water system unless licensed as a plumber by the City and authorized to perform the work as herein provided.
B. 
Any plumber before undertaking any work involving the City water system or connections thereto shall execute and deliver to the City of Geneva a bond in the penal sum of $2,000, with two sufficient sureties or a surety company authorized to do business in this state as surety, conditioned that he will indemnify and save harmless the City of Geneva from all damage and loss that may result from his work being done carelessly or imperfectly or in such a way as to cause injury or loss to person or property, or from his failing to comply with any provision of the rules and regulations of the Department of Public Works or of the Charter or ordinances of the City now existing or that may be enacted hereafter.
C. 
No plumber shall be allowed to make any attachment or alteration of any pipe or fixture by which water is or may be supplied to consumers, without first obtaining a written permit for the same from the Superintendent of Public Works and said permit must be returned as soon as work is completed.
D. 
The provisions contained in § 341-3 of these regulations, entitled "General restrictions and conditions," are hereby made binding upon the plumber also, as far as they may be applicable.
E. 
No plumber shall allow his name to be used by any other person or party, either for the purpose of obtaining permits or doing any work under his license.
F. 
Plumbers will be held responsible for the violation of any of the rules of the department by journeyman plumbers or others while in their employ.
G. 
After a permit shall have been issued to a plumber in pursuance of any application of an owner or premises, the following order shall be observed by the plumber in making the insertion of taps: After receiving a permit for the opening of any water service trench, which requires the insertion of a tap in the main with which to connect said service, the plumber shall file a written notice with the Superintendent of Public Works between 8:00 a.m. and 2:00 p.m. on the day in which he desires the tapping done, and such notice shall designate the name of the street and the house or lot number where the tap is to be inserted and the name of the owner or applicant, and the hour when the main pipe will be exposed ready for tapping.
H. 
Printed forms of the notices required by the foregoing rules will be furnished to the plumbers on application to the Superintendent of Public Works.
A. 
All meter rates will be based on three months' consumption and, whenever water is supplied through a meter, the minimum rate for a period of three months will be charged. If, for any reason, a meter is not read quarterly, the charge will be based on average consumption for the prior year.
B. 
Meters will be read monthly without extra charge, if receipts from the water supplied through the meter amount to $15 or more monthly and the maximum rate will be charged for the first month in each quarter only. If, however, the receipts from any month should amount to less than $15, an extra charge of $5 will be made for reading the meter.
[Amended by Ord. No. 82-13, eff. 4-7-1982]
C. 
In all other cases a charge of $10 will be made for extra reading of a meter.
[Amended by Ord. No. 82-13, eff. 4-7-1982]
D. 
For all meters six inches and larger connected to fire-suppression systems, the minimum charge referenced in Subsection A of this section shall be reflective of the meter size deemed appropriate for traditional consumption of the facility, irrespective of the fire-suppression system, as deemed appropriate by the Director of Public Works.
[Added 7-7-2010 by Ord. No. 2-2010[1]]
[1]
Editor's Note: This local law also provided that it apply to consumption beginning in the third quarter of 2010.
A. 
No abatement from any water bill shall be made where the owner or consumer has not complied with the requirements of these rules or regulations in making application at the water office for the discontinuance of the use of water, in making application to have any fixture disconnected, in making application to have the water turned off from service or in giving notice under § 341-4 of these regulations.
B. 
No abatement from any water bill will be made in cases where the charge for water results from a failure on the part of the owner or consumer to repair promptly any broken or defective fixture or service.
C. 
No abatement from any water bill will be made in cases where any fixture is left open for waste of water, or continuous flow of same, by any tenant or occupant of any premises supplied with City water.
D. 
No abatement in any case made shall establish a precedent for an abatement in any following or ensuing bill, nor for an abatement in any other case, but each case shall be determined upon its merits.
E. 
No abatement from any water bill or remittance of any penalty provided by these rules shall be made except by the Director of Public Works in writing.
All sums charged for water supplied or for expenses for the repair of services, meters, fixtures and all other appliances connected with the water service, or for damages to the same, or for penalties imposed for violation of any rule or regulation shall be regarded as due from the owner of the premises and a lien upon the property until paid. If said sums for any reason cannot be collected from said owner or occupant of the premises and the water shall be turned off on account of nonpayment, no application for water service for such premises shall be granted by the Department of Public Works, notwithstanding that the said premises shall have changed ownership in any way, until such sums shall have been paid in full to the City Comptroller.
A. 
A book shall be kept in the office of the Department of Public Works, which shall be called the delinquent register, which shall contain the street, number and location of premises from which the water has been turned off for nonpayment of dues and the sum remaining unpaid, which book shall be for the information and protection of persons intending to purchase City property, and such persons may ascertain at the office whether any charges for such unpaid dues appear upon said register.
B. 
If no such charges appear, any person may upon the payment of 50 cents receive a certificate from the Superintendent of Public Works to that effect, but, unless such certificate is issued, the Department of Public Works may collect any sums which may be subsequently discovered to have been due against said premises, but which are not discovered or has been omitted from the register at the time of search.
C. 
All water rates shall be due and payable at the office of the City Comptroller quarterly on the first days of January, April, July and October.
(1) 
On all bills not paid on or before the first day of the month following the date of issue – 5% penalty on cumulative total balance. All other terms and conditions of service remain applicable.
[Amended 2-2-2022 by L.L. No. 2-2022]
(2) 
Bills will be sent out to consumers at the address of the premises where the water is consumed unless otherwise notified by the owner.
(3) 
All charges for material furnished or work done by employees of the Department of Public Works in connection with a private water service will be treated as water rates.
The following acts are prohibited:
A. 
To use the City water or permit its use for any purpose other than that for which the property owner pays water rates.
B. 
To take water from any fire hydrant for filling sprinkling wagons, or for any other purpose, without written permission from the Superintendent of Public Works. This prohibition does not apply to the Fire Department.
C. 
To open, close, turn or interfere with any stop valve or stop cock belonging to the Department of Public Works.
D. 
To throw any substance into a reservoir or to throw any deleterious matter into the lake within 2,000 feet of the inlet pipes at the pumping station.
E. 
Anyone found guilty of theft of services shall be subject to a fine of $150.
[Added 8-7-2002 by Ord. No. 4-2002]