[Adopted 2-26-1959 as Ord. 9.1 of
the 1959 Unified Code of Ordinances]
For the purpose of interpreting and applying
the terms of this article, the following definitions will be observed:
Includes any structure or enclosure to which water is supplied,
whether attached to realty or not.
A master plumber licensed under the provisions of Chapter 229, Plumbers.
Includes all places to which water is supplied, whether the
same are occupied or vacant.
The Superintendent of the Water Department or any person
duly designated to act on his behalf.
A.
Applications for permits for water supply and for
replacements or modifications of existing installations shall be made
to the village, upon forms to be provided by the village, by a licensed
plumber thereunto duly authorized by the owner.
B.
No permit shall be granted for the installation, replacement
or modification of water supply until the fee for tapping mains and
all other authorized charges have been paid.
Free and full access to all parts of any premises
supplied with water by the village or to which village water is believed
to be supplied shall be granted at all reasonable hours to the Water
Department.
The installation and maintenance of all privately
maintained water service lines shall be in conformity with the following
regulations:
A.
No private service line from a village water main
shall be installed, altered or replaced until the same has been approved
by the Water Department.
C.
All taps of water mains of two inches or less shall
be made by the Water Department. All taps in excess of two inches
shall be made by a licensed plumber under the supervision and subject
to the approval of the Water Department, and no connection shall be
made without such approval. Notification to the Water Department accompanied
by a tap receipt 24 hours in advance of the making of such tap is
required.
D.
All private service lines shall be installed, maintained,
altered or replaced with copper water tube Type K where service line
does not exceed two inches in diameter and with galvanized wrought
iron, brass or cast-iron pipe where service line exceeds two inches
in diameter, laid not less than four feet below the established grade
of the street. Where it is impractical to meet the depth requirement
by ordinary conditions, the Water Department 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 and also the position of the service pipe sweep at the tap, except as set forth in Subsection K, for all taps, which shall be at least four feet square and not less than six inches below the main.
[Amended 11-15-1982 by L.L. No. 12-1982]
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 water main. The expense of such disconnection shall
be borne by the applicant.
G.
Where a service line is abandoned, the service line
must be shut off at the tap and disconnected at the expense of the
owner.
H.
There shall be a separate and distinct tap for the
service of each building (other than an accessory building) or premises
supplied with water, and no water supply service line shall be connected
to any other building or premises. The siamesing of services is prohibited.
Where there are separate stores or places of business in one building,
separate and distinct taps shall be provided for each such store or
place of business.No private water system shall be interconnected
with the village water system.
I.
All service lines from the street main to and including the meter in the building or on the premises shall be provided, installed, maintained and repaired by and at the expense of the owner, except as set forth in Subsection K hereof.
[Amended 11-15-1982 by L.L. No. 12-1982]
J.
All outside service lines, building 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 fails
to observe these requirements, the Water Department may shut off the
water supply and the cost thereof against the real property affected,
to be collected as part of the water rent.
K.
Notwithstanding anything to the contrary contained
in this section, the village shall be responsible for and shall make
all necessary excavations, taps and repairs from and between the water
main and the shutoff valve at the curb, including the shutoff valve.
In the event of a leak in a water connection between the shutoff valve
at the curb and the water meter, the village shall notify the occupant,
in writing, of the leak on his property, and, if the occupant or owner
of the property has not corrected the leak within five business days
of the delivery of such notice, the village may shut off the water
to or on the premises until the leak has been corrected, unless the
property owner or occupant, within such five-day period, delivers
to the village written authorization to correct the leak at the owner's
or occupant's expense. If the village corrects such leak, the cost
thereof shall be charged to the water bill of the owner or occupant,
as the case may be.
[Added 11-15-1982 by L.L. No. 12-1982; amended 11-5-1990 by L.L. No. 19-1990; 9-8-1992 by L.L. No. 12-1992]
[Amended 6-18-2007 by L.L. No. 3-2007; 11-19-2018 by L.L. No. 15-2018]
A.
Water meters
of a type approved by the Board of Trustees shall be installed by
the Village of Tarrytown or its designated representative in all buildings
(other than an accessory building) regardless of type, character or
use.
B.
Water meters shall be furnished and installed by the Village and
shall remain the property of the Village.
C.
The annual water meter rents shall be payable at the time that the
water consumption bills are due and shall be made a part of such bill.
D.
The submetering of water by consumers is prohibited.
E.
Remote-readable water meters. All water meters shall be able to be
read remotely by Water Department personnel from outside of and off
of the subject property on which they are located.
F.
Vandalism or misuse of water meters. In the event of tampering, negligence, reckless or intentional damage or modification of the water meter by the property owner or his or her agent, causing damage to the water meter or causing the water meter to become faulty or not work properly, it shall be the property owner's responsibility to pay for the cost of repairing or replacing the water meter, plus a fine and/or penalty subject to the provisions of § 297-17 of this chapter.
Water meters shall be installed as herein provided:
A.
Every meter shall be set in a horizontal position
within ready access for inspection and shall be protected against
frost and hot water.
B.
The meter must be connected to the service line by
a union to a shutoff valve on each side of the meter.
C.
No connection in any house service line or fixture
shall be made between the water main and the meter.
D.
The meter shall, after installation, be sealed by
the Water Department, which shall thereafter have complete control
thereof. No sealed meter may be removed without a written permit from
the Water Department.
E.
The Water Department may remove a meter at any time
for testing, substituting another meter temporarily or permanently.
G.
In every installation of water service hereafter,
the owner shall provide facilities for setting of the meter according
to specifications provided by the Water Department.
A.
The rates payable for water supplied by the Village,
designated as "water rents," by consumers within the Village and by
those outside of its boundaries shall be those established by the
Board of Trustees as authorized by the Village Law. The water rents
heretofore established by the Board of Trustees and in effect at the
time of the enactment of this article shall be continued in full force
and effect, subject to modification and/or rescission by the Board
of Trustees; however, water rents shall be subject to rate changes
to the Village's water rates which are implemented by the City of
New York, and water rents will increase or decrease proportionately
to said rate changes.
[Amended 5-5-2003 by L.L. No. 8-2003]
B.
All water rents shall be payable at such intervals
as the Board of Trustees may prescribe by resolution, and any minimum
rent established by the Board shall be payable, though no water is
consumed, as long as a service remains connected with a village main.
[Amended 5-9-1960]
C.
Payments for water rents shall be made at the office
of the Water Department during established business hours. Payments
made by check or postal money order and mailed to the Water Department
shall be deemed to have been received at the time of mailing, as evidenced
by the postmark.
A.
The water rent for water supplied during the construction
of any buildings, dwellings, structures or improvements, including
sidewalks, curbs or driveways, shall be metered, and the metered rate
shall apply except as herein otherwise provided.
B.
Upon application to the Water Department for a temporary
supply of water for the erection of one- or two-family dwellings or
for the alteration or construction of curbs, sidewalks and driveways,
a fixed charge as adopted by resolution of the Board of Trustees[1] shall be paid, and there shall be no requirement for the
installation of a meter for such temporary supply, provided, however,
that where, in the proposed construction of curbs or driveways, the
estimated quantity of water consumed would exceed, at the metered
rate, more than the charge as adopted by resolution of the Board of
Trustees, as determined by the Water Department, the amount of said
fixed charge shall be increased to an amount equal to such estimated
cost.
[Amended 5-6-1991 by L.L. No. 5-1991]
[1]
Editor's Note: Such charge is on file and
available for inspection in the office of the Village Clerk during
regular office hours.
C.
No certificates of occupancy shall be issued by the
Building Inspector until the water rents for water consumed during
construction shall have been fully paid and until the Water Department
certifies that a meter has been duly installed upon the premises.
A.
Water supplied to consumers outside the boundaries
of the village shall be at such terms and upon such conditions as
may be fixed by the Board of Trustees from time to time, including
a requirement that there be deposited with the village a sum equivalent
to the cost of water to be supplied to an applicant for every ensuing
six-month period, as estimated by the Water Department, such deposits
being security for the collection of water rents.
B.
Any water supplied to consumers outside the village
limits shall be furnished only upon the condition that the village
assumes no obligations to maintain any water mains not owned by the
village.
C.
Water rents payable by consumers outside the boundaries
of the village shall be 25% greater than the water rents payable by
the consumers within the village.
D.
Consumers to whom water is supplied outside the boundaries
of the village shall be subject to disconnection of such service if
any bill for water rents is not paid within 60 days after it has been
rendered.
E.
Nothing contained in this section shall be construed
to relieve the consumers of water outside the village boundaries from
any liabilities or obligations imposed by the law and this article
upon resident users of water.
A.
The registration of each water meter shall be taken
at such intervals as the Board of Trustees may prescribe by resolution,
and water rentals shall be levied therefrom.
[Amended 5-9-1960]
B.
The water rentals so levied shall become due and payable
at such times as the Board of Trustees may prescribe by resolution.
[Amended 5-9-1960]
C.
Bills shall be mailed for the water rentals so levied
but only as an accommodation, and the failure to receive the same
for any cause shall not relieve the owner of liability therefor.
[Amended 5-9-1960]
D.
All amounts due for water rentals will be received within 30 days, beginning with the date on which such water rentals became due and payable. If payment is made after 30 days, 10% will be added. Should payment not be made upon the issuance of the future bills for water rentals, 10% shall be added to the bill on both the outstanding balance and the penalty, and this 10% additional payment shall continue to accrue until the bill is either paid or placed on the property tax bill pursuant to § 297-12 herein below. The penalty shall be assessed quarterly.
[Amended 5-9-1960; 10-6-1980 by L.L. No. 17-1980; 9-20-2010 by L.L. No. 10-2010; 8-19-2013 by L.L. No.
9-2013]
E.
The payment of water rentals must include all arrears
to date; no payment will be accepted leaving a former quarter unpaid.
F.
Where water rents remain unpaid for a period of 60
days after the same become due and payable, the supply of water to
the premises affected may be shut off.
[Amended 10-6-1980 by L.L. No. 17-1980]
G.
Where the supply of water is shut off because of nonpayment
of water rents, a charge as adopted by resolution of the Board of
Trustees[1] shall be imposed, which must be paid before the water
supply is restored. In addition, if it is found necessary for the
village to dig up a curb box, curb stop, street, main, tap or any
other portion of a service line for shutting-off purposes or for any
reason whatsoever, the complete costs incidental thereto shall be
charged against the owner of the premises affected and shall be payable
by him.
[Amended 5-6-1991 by L.L. No. 5-1991]
[1]
Editor's Note: Such charge is on file and
available for inspection in the office of the Village Clerk during
regular office hours.
H.
The owner of the premises to which water is supplied
shall be liable for the payment of the water rents chargeable thereto,
whether said premises are used by tenants or otherwise.
A.
All water rents, penalties and interest thereon and
all charges for tapping and any other charges provided for by this
article shall be a lien on the real property upon which or in connection
with which the water is used, and such lien is prior and superior
to every other lien or claim, except the lien of an existing tax.
B.
The Board of Trustees shall certify to the Village
Clerk the amounts of all unpaid water rents and charges, including
penalties and interest computed to the first day of the month following
the month in which the fiscal year of the village commences, with
a description of the real property affected thereby.
C.
The Board of Trustees shall include such amounts in
the annual tax levy and shall levy the same upon the real property
in default, in accordance with the provisions of § 11-1118 of
the Village Law.
[Amended 5-6-1991 by L.L. No. 5-1991]
D.
Should the Board of Trustees act to include such amounts in the annual tax levy, a fee equal to 10% of the amount included in the annual tax levy shall be charged which shall be a separate fee due and owing to the Village and shall not be placed on a subsequent tax levy. Should the fee not be paid within the time frames established in § 297-11F, the Village shall shut off the water to the customer's location.
[Added 9-20-2010 by L.L. No. 10-2010]
A.
Unless in actual use, all hydrants, taps, fixtures
or other outlets must be securely shut off. The unnecessary waste
of water is prohibited.
A.
No person, other than members of the Fire Department
or village employees or agents in the performance of their duty, shall
draw water from a village hydrant unless a permit therefor has been
granted by the Water Department.
B.
No connections shall be made to hydrants except by
valves or couplings which are readily detachable in the event of emergency.
All couplings must be detached immediately after the use of the hydrant
for supplying water has ended. In no event shall a coupling remain
attached to a hydrant after sundown.
C.
Hydrants must be protected against freezing and all
other injuries that would impair their efficiency by the person who
uses them. If damage is caused while being used, the injured hydrant
shall be repaired by the village, and the cost thereof shall be paid
by the one who was using it.
D.
No hydrant shall be used for any purpose, other than
supplying water for fire fighting, when the temperature is below 34°
F.
E.
No wrench shall be used on a fire hydrant unless it
is of a design approved by the Water Department.
F.
Cap chains and caps must be protected against breakage
and loss, and caps must be replaced by permittees after every use
of a hydrant.
G.
Hydrants must be made immediately available to the
Fire Department upon demand at any time.
Authority is vested in the Water Department
to make such further rules and regulations as it deems necessary for
the proper enforcement of the purposes of this article.
For violation of any provision of this article,
in addition to the penalties generally applicable, the Water Department
is authorized to disconnect an owner's service and to withhold restoration
thereof until the violation has been removed.
[Added 5-6-1991 by L.L. No. 5-1991; amended 12-4-2023 by L.L. No. 5-2023]
