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The following rules and regulations and schedules
of rates shall govern the use of water supplied by the City of Middletown,
New York, through its Water Department, to consumers both within and
outside the corporate limits of the City.
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All persons desiring to use City water shall
file with the Water Department an application describing the location
of the property where the water is to be consumed and the purpose
for which it is to be used, and such other information as may be required
by the Commissioner of Public Works, who will provide the necessary
application forms. After permission to use City water has been granted,
any change in the use of water on any premises not explained in the
original application shall be reported to the Water Department.
[Added 4-8-1957]
A.
The owner or owners of lands fronting on streets for
which a water main is requested, hereinafter called the "sponsor,"
shall sign an agreement with the City designating the site of the
work and agreeing to pay the cost of an eight-inch cement-lined cast-iron
pipe, and to also pay for hydrants and gated hydrant connections.
The house service pipes shall be paid for by the homeowner, while
the excess cost of pipe over eight inches shall be paid for by the
City.
[Amended 8-14-1972]
B.
If necessary to contract the work, the City, at no
expense to the sponsor, will have plans and specifications prepared,
will advertise for bids and will supervise construction of the extensions.
The City will pay for inspection of materials and will supervise sterilization
of the pipe.
C.
The sponsor will be invited to sit with the Common
Council at the taking of bids for the contract, and later at the award,
to assure his cooperation.
D.
Before installation by the City or before the contract
for construction is signed by the City, the sponsor shall pay to the
City the estimated installation cost. Later, the sponsor will be afforded
the opportunity to review the final estimate, certified by the Commissioner
of Public Works, as to the total amount due the City or the contractor.
After the final estimate has been certified by the Commissioner of
Public Works and reviewed by the sponsor, the sponsor shall pay any
additional amount required, or if the final estimate is less than
the actual cost, the City will refund to him the difference.
E.
Upon installation of the water main, the City shall
become the owner of the water main, said main being considered purchased
at the price heretofore paid to the City by the sponsor.
[Amended 11-13-1972]
F.
This plan shall take effect after December 1, 1957.
The Commissioner of Public Works shall have
the authority to grant permits for the use of water within the City
limits, providing that a water main is adjacent to the property and
that no extension thereof is necessary. Permits in all other cases
within the City limits shall be given by action of the Common Council.
Permits for the use of City water outside the City limits shall be
approved by the Board of Estimate and Apportionment and confirmed
by the Common Council.
All applicants for water must state fully and
truly all purposes for which it is required, and at all times parties
must frankly and without concealment answer all questions put to them
relating to its consumption. In case of misrepresentation or use of
water not mentioned in the permit or of waste of water, the Commissioner
of Public Works shall have the right to shut off the supply of water
until he shall be satisfied that there will be no further cause of
complaint and that the party has paid fines and additional charges
as may be imposed under these rules.
In order to inspect the condition and use of
all plumbing, the Commissioner of Public Works and any person delegated
by him for that purpose shall have free access at all reasonable hours
to all parts of any building on premises where City water is delivered
or used.
Rules of maintenance of physical equipment and
materials used in connection with consumption of City water shall
be as follows:
A.
The owner of any property where City water is consumed
shall keep his own service pipes, street taps, curb boxes and all
other fixtures connected therewith in good repair and protected from
frost, at his own risk and expense. He shall guard against and prevent
all waste water.
B.
When, in the opinion of the Commissioner of Public
Works, a service pipeline to any property is discontinued or abandoned,
the property owner shall take out a street excavation permit and shall
disconnect said service pipelines from the City service water main
within 10 days after notice from the Commissioner of Public Works
directing the disconnection.
C.
In the event any property owner or his authorized
representative shall fail to comply with the requirements set forth
in this section, the Commissioner of Public Works, as head of the
Water Department, shall perform the work herein required, and the
expenses thereof shall be borne by the owner of the premises. Any
unpaid charges for the above work shall constitute a lien as prescribed
for unpaid water rents.
No addition or alteration in or about any service
pipe or distribution pipe shall be made or caused to be made without
notice thereof being previously given to and permission had, in writing,
from the Water Department through the Plumbing Inspector.
[Amended 2-14-1967; 6-12-1967; 12-26-1967]
The use of sprinklers, hose or hand, shall be
regulated by the Board of Estimate and Apportionment.
It shall be a violation of these rules, punishable under the provisions of §§ 466-11 and 466-12 of this chapter, for any person to open any fire hydrant or to use water therefrom without permission of the Commissioner of Public Works, except in the case of fire. No hydrant located on private property or outside of the corporate limits of the City shall be connected to the City water system until permission shall have been granted by and a rental been fixed by the Board of Estimate and Apportionment and confirmed by the Common Council.
[Amended 5-27-1963; 10-13-1992; 10-13-1992; 8-19-2014]
A violation of any provision of this Article I is an offense punishable, upon conviction, by a fine of not less than $500 nor more than $1,000, or by imprisonment for a period not exceeding 15 days, or by both such fine and imprisonment. Each day that a violation is permitted to exist shall constitute a separate offense.
[Amended 1-7-2008; 8-19-2014]
All fines and penalties imposed under the provisions
of this chapter for violations of this chapter and which remain unpaid
for a period of 30 days after such fines and penalties have been imposed
shall become a lien upon the real property where such violation occurs.
In addition, any unpaid fine, penalty or water rent which remains
unpaid after 30 days may be collected by an action commenced by the
Corporation Counsel of the City of Middletown in the Middletown City
Court or other court of competent jurisdiction.
[Added 4-25-1983]
A.
All owners of property who do not pay or arrange for
payment of water bills that are payable in a thirty-day period shall,
at the end of 30 days, be given notice by certified mail, by the Commissioner
of Public Works, stating the amount of arrears and that further action
will be taken at the end of 60 days.
B.
At the end of 60 days past due a second notice shall
be given by certified mail, by the Commissioner of Public Works, stating
the amount of arrears and further that the water service will be terminated
by the Water Department at the end of the 90 days if payment, including
all penalties and expenses, is not paid.
