[HISTORY: Adopted by the Town Board of the Town of Thompson 10-19-1999 by L.L. No. 13-1999 (Ch. 241 of the 2003 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Boating, watersports and waterways — See Ch. 109.
Flood damage prevention — See Ch. 138.
Sewers — See Ch. 194.
Unless the context requires a different meaning, the following terms shall have the meanings set forth herein:
OCCUPANT
The person or persons other than the owner who shall occupy the premises, whether or not such occupant is the owner.
ORDER
Any lawful order issued by the Sewer and Water Superintendent to an owner or occupant relating to the use of the water system in any water district.
OWNER
The person or persons whose name and address shall appear on the last completed assessment roll of the Town for the premises.
PREMISES
The parcel of real property in the Town which shall be supplied by water from the water district in which such property is located, and which property shall be liable for the satisfaction of any unpaid water charges and may be described by the applicable Tax Map number assigned to such premises on the last completed assessment roll.[1]
WATER DISTRICT
Any water district of the Town heretofore or hereafter created, modified or extended.
[1]
Editor's Note: The definition of "Superintendent," which immediately followed this definition, was repealed 10-21-2003 by L.L. No. 7-2003. See now the definition of "Sewer and Water Superintendent" in Ch. 1, Art. III, Terminology.
After the Town Board shall have adopted water rates, bills for water service shall be prepared for the annual, quarterly or applicable period covered by such charge during which such water service was or is to be rendered and continuing thereafter, and such bill shall be mailed to the owner. If more than one name shall appear on such assessment roll, the bill may be mailed to any such named owner. The premises shall remain liable for the payment of such water charges, notwithstanding that such premises shall be leased or rented to a person other than the owner of such premises.
[Amended 12-3-2002 by L.L. No. 6-2002]
Penalties shall accrue against water charges as follows: There shall be charged a penalty on past-due water charges at the rate not exceeding 10% for any amount more than 30 days past due as may be fixed by resolution of the Town Board.
Such unpaid water charges, together with the amount of penalty as herein prescribed and due by reason of nonpayment of such charges, shall be a lien on the premises, and if not paid by September 30 of the fiscal year in which accrued, the amount thereof, together with the penalty as herein prescribed, shall be included in the next annual tax levy and shall be levied upon the premises in default as provided by law.
A. 
A bill not paid within 60 days of mailing is considered delinquent, and the water district may discontinue service as follows:
[Amended 12-3-2002 by L.L. No. 6-2002]
(1) 
15 days' written notice if served personally;
(2) 
15 days after a certified letter containing such notice has been signed or refused; or
(3) 
18 days after mailing written notice in a postpaid wrapper.
B. 
If disconnected, service will not be reestablished until payment of all proper charges, penalties and the reconnection fee is made. Receipt of a subsequently dishonored negotiable instrument in response to a notice of discontinuance shall not constitute payment of the customer's account, and the water district shall not be required to issue additional notice prior to discontinuance. There will be a charge for processing all returned checks equal to the bank charge plus a handling fee of $5 (not to exceed the maximum allowed by § 5-328 of General Obligations Law).
C. 
The water district will not discontinue service to residential premises for nonpayment of bills on a Friday, Saturday, Sunday, public holiday (as defined in the General Construction Law) or on a day on which the utility's main office is closed. Discontinuance can only take place from Monday to Thursday between the hours of 8:00 a.m. and 4:00 p.m.
D. 
Notice shall also be sent to the occupant of the premises stating that such occupant can avoid the discontinuance of water shutoff if the amount due from the owner is paid by the date set forth in the notice. Service shall be by certified mail, regular mail or personal service as set forth in Subsection A of this § 237-6.
A. 
Service rendered to any premises may be discontinued by the water district after reasonable notice for any of the following reasons:
(1) 
For willful or indifferent waste of water due to any cause or for nonauthorized use of water.
(2) 
For failure to protect from damage the meter and connection or for failure to protect and maintain the service pipe or fixtures on the property of the customer in a condition satisfactory to the water district.
(3) 
For tampering with any meter, connections, service pipe, curb cock, seal or any other appliance of the water district controlling or regulating the customer's water supply.
(4) 
For failure to provide the water district's employees reasonable access to the premises supplied or for obstructing the way of ingress to the meter or any other appliances controlling or regulating the customer's water supply.
(5) 
In case of vacancy of the premises.
(6) 
For cross-connections.
(7) 
For submetering or reselling water.
(8) 
For noncompliance with water usage restrictions.
(9) 
For violation of any rule or regulation of the water district as may have been heretofore or hereafter adopted, provided that such violation affects the reliability or integrity of the water system.
B. 
Written notice of discontinuance of service shall contain the following information:
(1) 
Identification of premises by Tax Map number.
(2) 
Identification of owner and occupant.
(3) 
Date and rule violated.
(4) 
Date and time to comply.
(5) 
Statement that if the owner is not in compliance by the date and time set, water service will be discontinued.
C. 
The notice required by this section need not be given in those instances where a public health hazard exists.
D. 
The water district may, at any time, temporarily discontinue water service in case of accident or for the purpose of making connections, alterations, repairs, changes, etc.
E. 
Except as stated in Subsection C, or in the case of a violation that threatens the integrity of the water system, the water district shall not discontinue service to any customer on a Friday, Saturday, Sunday, public holiday or on a day when the water district is not open for business. "Public holiday" shall refer to those holidays defined in the General Construction Law.
F. 
If service is discontinued, service shall not be restored until the owner or occupant of the premises shall be in compliance with the directions of the Sewer and Water Superintendent and the reconnection fee shall have been paid.
[Amended 10-21-2003 by L.L. No. 7-2003]
A. 
Fire hydrants shall not be used without the written permission of the water district. No person shall open or interfere with or draw water from any fire hydrant without permission from the water district, Chiefs of the Fire Department or their authorized assistants.
B. 
The water district will not be liable for damage resulting from the presence of its facilities, supply or use of water service.
C. 
The water district may shut off water in its mains to make repairs and extensions. Where possible, proper advance notice will be made to customers affected.
D. 
The use of water for sprinkling, swimming pools or other less essential uses may be restricted or prohibited where such use may unreasonably reduce the adequacy of service for other domestic purposes.
E. 
There must be a separate service for each premises.
F. 
Installation of service pipes and mains will not normally be made when the ground is frozen.
G. 
The customer is responsible for service pipes and plumbing within the property line. Any plumbing work done on the customer's service pipe is subject to approval by the water district. No underground work shall be covered up until it has been inspected and approved by the water district. The portion of the service pipe outside the territorial limits of any street, avenue, road or way, as hereinbefore defined, which is installed by the customer at his expense must be approved by the water district before the trench is backfilled.
H. 
All leaks on customer premises or the customer portion of the service pipe must be repaired as soon as possible.
I. 
All mains, services (up to the property line) and other water system facilities will be maintained and replaced by the water district.
J. 
Where service is to be provided at an elevation or gradient which could not otherwise be adequately serviced by existing plant, the water district will require that the owner bear the additional cost of providing such extraordinary service or, in the alternative, require the owner to purchase, install and maintain the necessary special equipment, such as a hydropneumatic system, needed to serve the premises. The installation of a hydropneumatic system as part of the customer's internal plumbing may be subject to approval of the Health Department and should comply with local building codes and standards.
K. 
Cross-connections to water sources other than the water district's or with other facilities are strictly prohibited. Owners must, at their expense, install and maintain such backflow prevention devices as may be required by the water district in accordance with good waterworks practice or applicable laws or regulations.
L. 
Owners and occupants must permit water district representatives to enter their premises on reasonable request for purposes relating to the operation and maintenance of the water district's system, including inspection of the customer's and the water district's facilities, installation, reading, testing, replacement and removal of meters and terminating and restoring service.
M. 
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, block access to or tamper with any pipe, valve, meter, structure, appurtenance or equipment which is a part of the waterworks system.
N. 
No person shall restore service or tamper with a shutoff valve after service has been discontinued by order of the Sewer and Water Superintendent.
[Amended 10-21-2003 by L.L. No. 7-2003]
[Amended 10-21-2003 by L.L. No. 7-2003]
A. 
It shall be unlawful for any person to maliciously, willfully or negligently break, damage, destroy, uncover, deface, block access to or tamper with any pipe, valve, meter, structure, appurtenance or equipment which is a part of the waterworks system.
B. 
It shall be unlawful for any person to restore service after such service has been discontinued by order of the Sewer and Water Superintendent.
C. 
In addition to any criminal penalty imposed by law, the Sewer and Water Superintendent may enforce the provisions of this chapter by injunction and, in addition, seek a civil penalty not to exceed $500 for each violation of the provisions of this chapter. If such violation shall be continuing, every day such violation continues shall be deemed to be a separate violation of this chapter.
If water service to any premises is discontinued, such water service may be restored after payment of all charges due, correction of any violation of this chapter and the payment of a reconnection fee. The reconnection fee shall be fixed by resolution of the Town Board.