The water and sanitary sewage systems of the Village/Town of
Mount Kisco shall be operated in accordance with this article.
The Village Manager is hereby authorized to promulgate rules
and regulations, not inconsistent with this article, for the operation
of the water and sanitary sewage systems. Failure to comply with any
such rules and regulation shall constitute a violation of this article.
A.
No connection to the water system shall be made except upon the approval
of the Village Engineer in accordance with this article.
B.
Connections duly authorized and with respect to which service was
lawfully commenced prior to May 1, 1992, shall be authorized to continue,
subject to continued compliance with this article and the rules and
regulations adopted pursuant hereto.
C.
Connections for new service for premises located wholly or partly
within the corporate boundaries of the Village/Town of Mount Kisco
shall be approved, subject to:
(1)
The existence of a sufficient main in a street or right-of-way abutting
the premises or the agreement of the applicant to construct or enlarge
such main as required by the Village Engineer prior to the commencement
of service.
(2)
Payment of the requisite fees, as provided in this article.
(3)
Such other and further conditions as the Village Engineer may reasonably
impose.
D.
Connections for new service for individual water systems on premises
located outside the corporate boundaries of the Village/Town of Mount
Kisco may be approved, provided that:
(1)
In the judgment of the Village Engineer such approval will not render
the supply for the Village or its inhabitants insufficient or otherwise
jeopardize the continued provision of safe, potable water in sufficient
quantities to meet the system's then current and anticipated
demand.
(2)
The premises are within 1,000 feet of a main existing on May 1, 1992.
(3)
The applicant establishes to the satisfaction of the Village Engineer
that there is no other possible source of potable water for the premises
in that:
(a)
The Westchester County Department of Health has made a final
determination denying an application to install an individual water
system on the premises for reasons unrelated to the availability of
a public water source or any action of the applicant; and
(b)
There is no alteration in the applicant's building plans
which is economically feasible upon which the Department of Health
would grant such an application.
(5)
The extension of service to the premises is legally permissible in
that:
(a)
There is no other public water supply system serving the area
in which the premises are located.
(b)
The applicant has obtained the approval of the Department of
Environmental Conservation of the State of New York, the Department
of Environmental Protection of the City of New York, the Department
of Health of Westchester County and any other governmental agency
or entity having jurisdiction.
(6)
The applicant has complied with the application requirements prescribed
pursuant to this article and has submitted any documentation which
may be necessary to satisfy the requirements of the New York State
Environmental Quality Review Act.
(7)
The applicant agrees to:
(a)
Pay all costs incurred by reason of the service, including but
not limited to the fees set forth in this article. and the cost of
any main extension which is required and approved.
(b)
Comply with all of the requirements set forth in this article
and in the rules and regulations promulgated pursuant hereto.
E.
Temporary connections may be approved by the Village Engineer when,
in his judgment, such connection will not interfere with the use of
water for general purposes, upon the condition that the customer will
pay all costs associated with the temporary connection.
No connection to the sanitary sewage system of the Village/Town of Mount Kisco shall be made except in accordance with Chapter 85, Plumbing, Sewers and Drains, of this Code.
A.
Water service charge. Sales of water on a metered basis shall be
made by the Village at the following rates:
(1)
Within the corporate limits of the Village, at the basic metered
water service schedule of rates set forth by resolution of the Board
of Trustees.
(2)
For private service outside of such corporate limits, at a rate double
that provided for such services within the corporate limits.
(3)
For bulk sales directly to another municipality, at a rate equal
to 1 1/2 times the rate provided for such service within the
corporate limits.
B.
Meter service fee. In addition to the water service charge required by Subsection A, a meter service fee shall be charged to each water customer at the following rates:
(1)
For residential customers, a meter service fee shall be charged to
each residential unit at the rate set forth by resolution of the Board
of Trustees. A residential unit shall be defined as a single-family
dwelling, each dwelling unit of a two-family dwelling, and each dwelling
unit of a multifamily dwelling.
(2)
For nonresidential customers, a meter service fee shall be charged
to each business or other nonresidential use based upon the meter
size at the rate set forth by resolution of the Board of Trustees.
For buildings or establishments that contain more than one use, but
have only one water meter, the meter service fee shall be based on
the meter size, plus a meter service fee for each additional use at
the rate set forth by resolution of the Board of Trustees.
C.
Sewer service charge. A sewer service charge is established for all
properties connected to the Village's sanitary sewage disposal
system based upon the schedule set forth by resolution of the Board
of Trustees.
D.
Connection fee. All new water service and sanitary sewage service
customers shall be required to pay a one-time fee to connect into
the water and sanitary sewage systems, respectively, in order to offset
the cost to the Village of reviewing, approving and supervising such
new connection, at the rates set forth by resolution of the Board
of Trustees.
A.
Bills for metered water and sewer service charges shall be due and
payable within 30 days of their receipt. A penalty shall be charged
for delinquent and past-due water and sewer service charges in an
amount equal to 10% of the unpaid balance. In addition, a penalty
in an amount set forth by resolution of the Board of Trustees shall
be charged per tax parcel for unpaid water and sewer rents that are
levied on the Village tax roll. Such penalties shall be in addition
to and not in lieu of any other enforcement mechanism which may be
permitted by law.
B.
To the extent provided by state statute and in accordance with the
provisions of § 452 of the General Municipal Law, water
and sewer charges, including any penalties imposed for late payment,
shall constitute a lien upon the real property served by the water
and sewer systems or such parts thereof for which water and sewer
rates shall have been established and imposed. The lien thus established
shall be prior to every other claim, except the lien of an existing
tax, assessment or other lawful charge imposed by or for the state
or any political subdivision or district thereof.
A.
Whenever an amount owed by a water service customer located outside
the corporate limits of the Village shall remain unpaid for 60 days
or an amount owed by a water service customer located within the corporate
limits of the Village shall remain unpaid for 240 days, the Village
Manager may direct, upon the recommendation of the Village Treasurer
and after the customer is given notice and an opportunity to be heard
as set forth herein, that the service to such customer be terminated.
Upon the issuance of such an order, the service shall be terminated
forthwith and shall not be restored until the further order of the
Village Manager.
B.
No such order directing the termination of water service shall issue,
however, until the customer and any person the customer has previously
designated to receive notices on the customer's behalf have been
given written notice, by certified mail, return receipt requested,
advising the customer and such other person of the amount owed and
informing them that:
(1)
If the amount owed is not paid on or before a certain date not less
than 30 days from the date of the notice, the water service will be
terminated; and
(2)
If the customer or such other person on the customer's behalf
contests the amount owed, he has a right to a hearing before the Village
Treasurer if he requests such a hearing, in writing, within 15 days
of the date of the notice.
C.
Upon the request of the customer, or the person previously designated
by the customer to receive the notice on the customer's behalf,
the Village Treasurer shall hold a hearing within 30 days of the date
of the request, at which the customer or such other person may testify
and submit such evidence as is relevant to the determination of the
amount owed. The Village Treasurer shall consider the testimony and
evidence submitted and shall render a determination of the amount
owed in writing within 30 days of the conclusion of the hearing and
shall cause a copy of such determination to be mailed to the customer
and such other person.
D.
The customer or such other person on the customer's behalf may
appeal the determination of the Village Treasurer to the Village Manager
or such person as the Village Manager may designate by filing with
the Village Manager, within 15 days of the date on which the determination
was mailed to the customer, a notice of such appeal setting forth
the basis upon which the customer claims the determination of the
Village Treasurer to be in error. The determination by the Village
Manager of the amount owed shall be final, subject to review as provided
by law.
E.
If the customer does not pay the amount owed as determined by the
Village Manager within 15 days of the date on which the determination
of the Village Manager is mailed to him, then the Village Manager
may issue an order directing that the service to such customer be
terminated. Upon the issuance of such an order, the service shall
be terminated forthwith and shall not be restored until the further
order of the Village Manager.
A.
The Village Manager may direct, upon the recommendation of the Village
Engineer and in accordance with the procedures set forth herein, that
the water service to a customer be terminated for the following reasons:
(1)
Willful waste of water.
(2)
Use in connection with the water system of any apparatus, appliance
or equipment which is dangerous, unsafe or not in conformance with
any applicable law, rule or regulation.
(3)
Demand greatly in excess of past average or seasonal use, where such
excessive demand is or may be detrimental or injurious to the service
furnished other customers.
(4)
Use of water for purposes or in a manner other than as requested
in the application.
(5)
Installation of branch connections on the street side of the meter
or place reserved therefor.
(6)
Damaging any service pipe, seal, meter or other appurtenance owned
or maintained by the Village.
(7)
Cross-connections of pipe carrying water supplied by the Village
with another source of supply or with apparatus which may endanger
the quality of the public water supply.
(8)
Violation of the Sanitary Code of the State of New York.
(9)
Refusing reasonable access to premises for the purpose of inspecting
fixtures or piping or for reading, testing or removing meters.
(10)
Submetering or reselling water.
(11)
Fraud or other abuse of the water system.
B.
When, in the judgment of the Village Manager, the public health or
safety so requires, the Village Manager may direct that water service
be terminated immediately and without notice to the customer.
C.
Except as set forth in Subsection B above, no order directing the termination of water service on the grounds set forth in this section shall issue until the customer has been given written notice advising the customer:
(1)
Of the cause for termination and that if the cause is not remedied
within five days from the date of the notice the water service will
be terminated; and
(2)
That if the customer contests the cause alleged, he has a right to
a hearing before the Village Engineer if he requests such a hearing,
in writing, within five days of the date of the notice.
D.
Upon the request of the customer, the Village Engineer shall hold
a hearing within 30 days of the date of the request, at which the
customer may testify and submit such evidence as is relevant to the
determination to be made. The Village Engineer shall consider the
testimony and evidence submitted and shall render a determination
in writing within 30 days of the conclusion of the hearing and shall
cause a copy of such determination to be mailed to the customer.
E.
The customer may appeal the determination of the Village Engineer
to the Village Manager or such person as the Village Manager may designate
by filing with the Village Manager within 15 days of the date on which
the determination was mailed to the customer a notice of such appeal
setting forth the basis upon which the customer claims the determination
of the Village Engineer to be in error. The determination by the Village
Manager shall be final, subject to review as provided by law.
F.
If the customer does not remedy the cause for termination as determined
by the Village Manager within five days of the date on which the determination
of the Village Manager is mailed to him, then the Village Manager
may issue an order directing that the service to such customer be
terminated. Upon the issuance of such an order, the service shall
be terminated forthwith and shall not be restored until the further
order of the Village Manager.
