A.
The management of the water system of the Village of
Tuxedo Park shall be under the supervision and control of the Board of Trustees.
B.
No person shall make or have in existence any attachment
to or connection with any of the pipes or mains of the Village, nor make any
repairs, additions or alterations to the service pipes, except on the consumer's
side of the meter, without prior written notice to and approval by the Board
of Trustees, and no pipes shall be covered until said repairs, additions or
alterations have been inspected and approved by a representative of the Village.
C.
All persons who hereafter make applications for water
service or who continue the use of the water service after the taking effect
of this chapter will be deemed to have assented thereto and to have agreed
to conform to the provisions of this chapter and to pay the water rents hereby
established.
A.
Application for water service.
(1)
Application for water service shall be made to the Village
by the property owner or his authorized representative on the application
form supplied for such purpose by the Village. The fee for the tapping of
the water main shall be paid at the time of filing the application and shall
be in an amount set by resolution of the Board of Trustees.
(2)
For three-fourths-inch to two-inch connections, all taps
and connection to the main shall be made by the Village at the standard fee
set by the Board of Trustees. Connections over two inches in size and connections
to service subdivisions shall be made by the Village at a cost to the applicant
determined by the Board of Trustees, or such connections may be made by the
applicant or his representative at his own expense. All such connections,
however, shall be of the material and type specified by the Village, and all
installations shall be made subject to supervision and approval by the Village.
(3)
Water required for construction or other temporary purposes
shall only be used after written application to the Board of Trustees for
permission to use the same, and the Board shall have the right and power to
fix such terms as the Board may deem proper for such temporary use.
B.
Service pipes and mains.
(1)
Service pipe from the curb cock to the meter shall be
laid at least four feet below the ground at all points and shall be of Type
K copper tubing with no soldered joints permitted underground. The size of
any service pipe hereafter installed shall be 3/4 inch to two inches in diameter.
Any other size must be approved by the Board of Trustees. It shall be the
responsibility of the consumer or his representative to dig and install the
service line to the water main.
(2)
No T or other fitting through which water can be taken
will be permitted on the service pipe between the main and the meter.
(3)
No branch will be allowed to be inserted in any service
pipe without a written permit from the Village. Where branches already exist
not provided with stop- or curb cocks, in case of default in payment of water
rent by any one customer, the main service may be cut off until the back charges
are paid, and the Village shall not be liable for damages to any other customer
who may thus be deprived of water.
(4)
In the event that a change in ground elevation leaves
a service pipe insufficiently buried, the consumer shall promptly lower his
service pipe or take other corrective action to conform to the new ground
elevation. In case the consumer fails or neglects to make such alterations
promptly, the supply of water will be shut off until the alterations are completed,
and a charge will be made to cover the labor and expense to the Village resulting
from the consumer's failure to do so.
C.
Inspection. No material shall be removed from or placed
over existing water mains and service lines without Village inspection and
approval.
D.
Curb stops and curb boxes. All curb stops and curb boxes,
including valves and valve boxes on connections, will be subject to the control
of the Village and will be kept accessible to the Village and its authorized
employees at all times.
E.
Cross-connections to other sources. No pipe or fixture
connected with the mains of the Village shall be connected with pipes or fixtures
supplied with water from any other source or with any apparatus which may
endanger the quality of the Village water supply.
A.
Furnishing of meters; maintenance, repair and testing.
(1)
The Village shall furnish five-eighth-inch, three-fourth-inch
and one-inch meters with nipples. Larger sizes shall be provided by the consumer
and shall be of a size, type and make approved by the Village. Installation
of all meters and couplings shall be the responsibility of the consumer.
(2)
The Village shall maintain, repair and test all meters
when necessary. On meters larger than two inches, all maintenance, repairs
and testing shall be done by or at the expense of the consumer. In case of
any question as to maintenance, repair or testing, the Village's decision
shall be final.
B.
Meter installation.
(1)
The consumer or his representative shall install a shutoff
valve on the street side of the meter and shall install a shutoff valve in
the house before and after the meter. Meter connections have male threads
and plumbing must be designed so as to receive the meter.
(2)
The Village will maintain all meters up to and including
two inches in size insofar as ordinary wear and tear is concerned. However,
in case of damage by freezing, hot water or external damage, the consumer
will be liable for the cost of the repairs. The Village recommends the installation
of suitable equipment, properly located and installed, to prevent backflow
of hot water which may cause damage to the meter or damage to the consumer's
plumbing.
C.
Location and reading of meters.
(1)
The consumer shall provide a place acceptable to the
Village for the location of the meter. Meters shall be accessible for inspection
and reading by the Village's authorized representative, at any reasonable
hour. The Village shall not be responsible for abnormally high meter readings
from meter failure if it has not been possible to gain access to the meter
for reading on a quarterly basis.
(2)
Outdoor meter pits may be installed in special cases
on written approval of the Village. Such meter pits must be installed in accordance
with Village specifications and at the expense of the property owner. Any
consumer wishing to install an outdoor water meter reader may do so upon approval
of the Board of Trustees and at the expense of the property owner.
D.
Right to remove and test meters. The Village reserves
the right to remove and test meters and to substitute another meter in its
place.
E.
Testing of meters.
(1)
The Village will test its meters in accordance with the
prevailing rules of the Village of Tuxedo Park. In case of a disputed account
involving the accuracy of a meter, the Village will test the meter upon the
request of the consumer. A fee for such test, in an amount set by resolution
of the Board, shall be payable in advance of the test.
(2)
In the event that the meter is found to overregister
in excess of 2% at any flow within the normal test flow limits, the fee will
be returned to the consumer; otherwise, it will be retained by the Village.
In case a meter is found to overregister or underregister, proper adjustment
will be made.
A.
The consumer shall protect all service pipes, meters
and appurtenances from damage by frost or freezing.
B.
The owners of premises into which water is introduced
by a service pipe shall be required to maintain in perfect order and repair,
at the owner's expense, the said service pipe and its fixtures and appurtenances
from the curb box to and into the premises.
C.
The consumer shall notify the Village promptly of any
leak, defeat or damage affecting the service pipe between the property line
and the point where metered.
D.
The Village's responsibility for repair, replacement
or maintenance of service lines shall not go beyond the curb cock or shutoff
valve nearest the outer perimeter of the property in question nor shall the
Village be responsible for the repair, replacement or maintenance of any shutoff
valves within any privately owned buildings. In cases where strict compliance
with these regulations would create undue or extreme hardship, the Board of
Trustees may, at its discretion, vary the limits of responsibility of the
Village on a case-by-case basis.
E.
No gate valve located on any consumer's property
shall be covered over with any material.
A.
The Village or its authorized agents shall have full
power to enter premises of any consumer at all reasonable hours to install
meters, read meters and examine the fixtures, plumbing and manner of using
water and to maintain meters, boxes and valves under Village control.
B.
The Village reserves the right to limit the amount of
water furnished any consumer should circumstances seem to warrant such action,
although no limit may be stated in the application or permit for use; or said
Village may entirely shut off the water supply used for any manufacturing
purposes or for furnishing power or for lawn sprinkling, car washing, outside
use or as otherwise adopted by regulation of the Board of Trustees, at any
time, by giving reasonable notice of such intended action, or in the case
of making or constructing new work or in making repairs or in emergency, the
right is reserved to shut off water from any consumer without notice for as
long a period as necessary.
C.
The Village shall not be liable for any damage or loss
of any name or kind to property or persons which may arise from or be caused
by any change, diminution in or increase of the water pressure from any cause
whatever.
D.
The right is reserved to amend this chapter and make
contracts in all proper cases. The Village undertakes to use reasonable care
and diligence to provide a constant supply of water at a reasonable pressure
but reserves the right, at any time, after due notice (unless an emergency
occurs), to turn off the water supply in case of extensions, repairs, suspected
contaminants in water mains or other necessity, without liability for damages
for lack of water or for any damage which may result from the turning off
of the water supply.
E.
Whenever any of the provisions of this chapter are violated,
the water supply may, in the discretion of the Village, be shut off and the
meter removed.
A.
No person shall open, interfere with or draw water from
any fire hydrant in the Village without a written permit from the Village
therefor, except that hydrants may be opened by or on order of any member
of a Fire Department within the Tuxedo Fire District in case of fire for the
purpose of attaching thereto fire hose and equipment.
B.
Whenever a hydrant has been opened and used, notification
of such fact shall be promptly given to the Village.
C.
No tools or implements shall be used to open hydrants
except such as are furnished by the Village or Fire Department.
A.
Nonregistering meters.
(1)
The reading of a duly installed meter, showing the amount
of water consumed, shall be used for all billing purposes except when it appears
that the meter has ceased to register or has registered inaccurately.
(2)
In cases where it is found that a meter has ceased to
register or has registered inaccurately and it cannot be determined by reasonable
test the percentage of inaccuracy, an estimated bill for the billing period
may be rendered to the consumer. This estimated bill will be based upon the
amount of water consumed in the corresponding period in prior years, except
where it appears that there has been a change in occupancy of the premises
or in the use of water, in which case an equitable adjustment shall be made.
B.
Change of occupancy. The consumer shall notify the Village
in writing of any change in ownership. No adjustment of bills between owners
will be made by the Village unless due notice has been given to the Village
prior to the mailing of the bill.
C.
Discontinuance at written notice of consumer. Any consumer
may discontinue water service by giving the Village written notice not less
than 10 days prior to the date of discontinuance. All liability for service
charges rendered after the discontinuance date shall cease. The fee to discontinue
water service shall be in an amount set by resolution of the Board.
D.
Restoration of service charge. When water service has
been discontinued on written order of the consumer or for violation of these
rules, and service is again desired by the same consumer, a charge will be
made for reconnection, in an amount set by resolution of the Board of Trustees.
A.
The water rents and schedule of charges for water shall
be in such amounts as the Board of Trustees may establish from time to time
by resolution of the Board at a regular meeting thereof. Said schedule of
rates and charges shall be posted in the office of the Village Clerk and may
reflect a different rate for consumers situated inside the Village and outside
the Village.
B.
All bills are payable quarterly. If not paid within 30
days after rendition, a penalty of 10% will be added.
C.
Water rents and charges and penalties thereon shall be
a lien upon the real property upon which the water is used and may be collected
in accordance with § 11-1118 of the New York State Village Law.
D.
All water charges to consumers outside of the Village
must be paid in full within 30 days from the invoice date or water service
will be discontinued, and service will not be resumed until approved by the
Board of Trustees.
E.
Water billing regulations.
(1)
The Board of Trustees of the Village of Tuxedo Park,
in all cases where water service is provided by the Village to persons other
than a property owner, shall hold the property owner liable for the payment
of water rents and for observation of Village regulations regarding the use
of the water system.
(2)
Water bills shall be rendered to property owners unless
a property owner shall make written application to the Village requesting
that water bills be rendered directly to a tenant or other persons occupying
the property owner's premises. Such application shall contain a statement
that the property owner will assume responsibility for the payment of all
such bills and that he will pay in full to the Village any amounts and penalties
which remain unpaid.
(3)
In regard to the installation of water meters, it shall
be the policy of the Village to install not more than one meter for each service
connection to the main, regardless of the family units served by that connection,
unless the Village shall receive a written application as above described
from the property owner.
Water service may be discontinued for any one of the following reasons:
A.
For use of water other than as represented in the application
or through branch connections on the street side of the meter or place reserved
therefor.
B.
For willful waste or use of water through improper and
imperfect pipe and fixtures (including service pipe) or by any other means.
C.
For molesting or tampering with any main or service pipe,
seal, meter or any other appliance owned by the Village.
D.
For cross-connecting pipes carrying water supplied by
the Village with any other source of supply or with any apparatus which may
endanger the quality of the water supply.
E.
For refusal of reasonable access to the property for
the purpose of inspection or for reading, repairing, testing or removing a
meter.
F.
For failure to pay any water bill within 30 days after
rendition.
G.
For refusal of reasonable access to any consumer's
property for the Village to repair or replace water mains and laterals.
Any person committing an offense against any provision of this chapter
shall, upon conviction, be guilty of a violation, punishable by a fine not
exceeding $250 or by imprisonment for a term not exceeding 15 days, or by
both such fine and imprisonment
