[HISTORY: Adopted by the Board of Trustees
of the Village of Weedsport 1-30-1985 by L.L. No. 4-1985. Amendments noted where
applicable.]
GENERAL REFERENCES
Sewers — See Ch. 160.
The purpose of this chapter is to promote and
protect the public health, welfare and safety by regulating the use
of the public water system of the Village of Weedsport by residents
of the Village and by residents located outside the Village of Weedsport.
This chapter shall hereafter be known and cited
as the "Water Use Law."
This chapter is adopted under the authority
of Article 11 of the Village Law of the State of New York.
This chapter repeals and replaces Local Law
No. 2-1976.
This chapter establishes the rules and regulations
for the use of the public water system of the Village of Weedsport.
Said water system consists of any and all water treatment facilities
and connecting waterlines operated and maintained by the Village of
Weedsport. This chapter further applies to any waterlines located
on private property connecting individual units to the public water
system of the Village of Weedsport.
For application of this chapter, the following
definitions will prevail:
Includes any structure or enclosure to which water is supplied,
whether attached to realty or not, whether the same is occupied or
vacant, and shall include boats and vessels.
The legal owner of premises supplied with water.
Includes all places to which water is supplied, whether the
same is occupied or vacant.
A tenant, lessee, occupant, undertenant, receiver, or assignee
of premises supplied with water, and also includes a consumer of water
irrespective of his legal status with respect to the realty.
Refers to the person or persons in charge of, or responsible
for, the furnishing of water by the municipality or any person designated
to act on their behalf.
A.
All applications for the introduction of supply of
water to any premises, and for replacement and modifications of existing
installation, or for the extension of any pipe or line for the conveyance
of water, must be made in writing to the Village, upon such forms
as shall be provided by the Village, by the owner or user of the premises
supplied. If the applicant is not the owner of the premises, the written
consent of the owner must accompany the application.
B.
A fee as set from time to time by resolution of the
Board of Trustees shall be paid upon the filing of each application
for each specific service line.
C.
The Village reserves the right to refuse any application
if, in its judgment, it shall be for the best interest of the Village.
D.
No permit shall be granted for the installation, replacement,
extension or modification of water supply without Board approval.
No water service will be turned on until fees for tapping mains, connection
for service, deposits and all other authorized charges have been paid.
A.
No private service line from a municipal water main
shall be installed, altered, or replaced until a permit shall have
been obtained.
B.
No opening shall be made in any municipal street except
in full compliance with all municipal laws, rules and regulations
and upon the payment of the fees and the posting of the bond therein
specified.
C.
All connections or taps of water mains shall be made
by the Water Department after receipt by the Water Department of proof
that a permit has been obtained and the required fee paid at least
24 hours in advance of the time it is requested that such connection
or taps be made. Such connections and taps will be made at the convenience
of the Department of Public Works.
D.
All private service lines shall hereafter be installed,
maintained, and replaced with approved materials laid not less than
four feet below the established grade of the adjacent street or existing
ground level and at least 18 inches away from but parallel to other
pipes provided for other uses for utilities. Where it is impractical
to meet these requirements by reason of existing conditions, the Water
Department, by judgment of the Superintendent of Public Works, 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 is to be tapped. The Village shall make the necessary
excavations for all taps, the cost of which shall be paid by the owner
or applicant.
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 main. The expense of such disconnection shall be borne
by the owner or applicant.
G.
There shall be a separate and distinct tap for the
service of each building (other than an accessory building) or separate
premises supplied with water, and no service line shall be connected
to any building or premises other than as herein provided.
H.
The siamesing of services is prohibited. Where there
are separate and distinct establishments, such as stores or other
places of business, contained within one building, separate and distinct
taps shall be provided for each store or place of business. No in-house
or private water system shall in any way be interconnected or capable
of being interconnected with the Village water system. Interconnection
of a private water system with the Village water system or installation
of a device or means for so interconnecting shall immediately revoke
the owner's or applicant's permit, and water service to such owner
or applicant may be discontinued without notice.
I.
All outside service lines, building and 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 or applicant
fails to observe these requirements, after due notice, the Water Department
may discontinue the water supply to such owner or applicant and assess
the cost thereof against the real property affected.
J.
Whenever a water service pipe becomes frozen between
the main and the building service, the Water Department shall be authorized
to shut off or disconnect service, and such services shall not be
resumed until the water service line is thawed by the owner or applicant
and an inspection has been made determining that the service line
has not been damaged by reason of such freezing. The cost of disconnecting
or discontinuing the water service and the inspection and reconnection
shall be borne by the owner or applicant.
K.
No installation, construction, improvement, betterment, repair, replacement,
modification, addition or alteration of new or existing water improvements
(collectively "improvements") shall be made, performed or caused to
be made or performed unless all such improvements comply with all
statutes, codes, ordinances, rules, regulations, orders, judgments,
or decrees of governments, authorities, agencies, officials, and officers,
which now or at any time hereafter may be applicable to the improvements,
the subject premises, or of any part of it.
[Added 1-7-2015 by L.L. No. 1-2015]
A.
Water meters of a type approved by the Village, on
recommendation of the Water Department, shall be installed in all
buildings and for all services to which water is supplied. Upon recommendation
of the Water Department and approval by the Village, the requirement
of an installation of a water meter may be waived, and the consumption
of water shall be charged on a flat fee to be determined by the Village.
B.
Water meters shall be purchased by the Village for
the exclusive use of the Water Department. Water meters installed
other than by the Water Department must be installed by a person,
firm or corporation approved by the Water Department. Title to any
water meter shall remain in the Village of Weedsport, and the installation
by the Village of Weedsport or the Water Department or by a person,
firm or corporation approved by the Water Department of a water meter
on any private property shall not affect ownership of the water meter
by the Village of Weedsport. Each owner of real property or person
having an interest in real property shall be deemed to have consented
to the retention of ownership of the water meter in the Village of
Weedsport by requesting, allowing or permitting water service to be
installed to that property or allowing the property to be occupied
by someone with apparent authority to request, permit or allow installation
of a water service to that property, and such meter shall never be
considered a fixture attached to the real property.
C.
Installation of meters. In every installation of water
service before permit is granted, the owner or applicant shall provide
facilities for setting of a water meter according to specifications
provided by the Water Department. Such facilities shall include provision
for the water meter to be set in a horizontal position in such manner
to afford ready access to inspect, and the water meter shall be protected
against frost, steam or hot water. There shall be provided by the
owner or applicant a shutoff valve on each side of the meter. The
service line shall be installed without facilities which may be used
for a connection between the water main and the water meter. The water
meter may, after installation, be sealed by the Water Department,
which shall thereafter have exclusive control over the water meter.
No water meters may be removed without a written permit from the Water
Department. The Water Department may remove a meter at any time for
testing, maintenance or substituting another meter, temporarily or
permanently. Water meters shall be set as nearly as possible to the
point of entry of the service connection pipe to the building and
shall be kept unobstructed. In circumstances where the customary location
of a water meter makes it impractical to install a water meter at
that location, the Village or Water Department may require the meter
to be set in a pit or box, provided by and at the expense of the owner
or applicant, the construction of which shall be approved by the Village
and the Water Department prior to the issuance of a permit.
D.
No person other than an employee of the Water Department
shall interfere with or remove any water meter, sealing device or
coupling from any meter installation after it has been placed in service
by the Water Department. Any meter damaged by frost, hot water, steam
or any careless or negligent acts of the owner or applicant shall
result in the cost of repair being assessed to the owner or applicant,
and such costs shall be a charge upon the real property. Any willful
acts by the owner or applicant resulting in injuries to a water meter,
or any acts designed to interfere with the proper operation of a water
meter, shall be cause for a discontinuance of water service, and the
cost of such discontinuance shall be assessed to the owner and charged
to the real property.
E.
The submetering or sale of water by water consumers
to others is strictly prohibited and shall be cause for the Village
to discontinue service and charge the cost of such discontinuance
to the owner, and such costs shall be a charge against the real property.
F.
Theft of water. No person, user or owner shall tamper with a water meter or install lines, hoses, pipes or connections routing water around a water meter or attempt in any manner to prevent the meter or device from performing its measuring function without the consent of the Village. Theft of water shall be a violation, punishable in accordance with the provisions set forth in Chapter 1, General Provisions, Article I, General Penalty, of the Code of the Village of Weedsport.
G.
Notwithstanding the foregoing, theft of water may
be prosecuted pursuant to § 165.15 of the Penal Law of the
State of New York, titled "Theft of Services." All rules contained
thereunder shall be a part of this chapter.
A.
Water rates shall be fixed and established by the
Board of Trustees for consumers within the Village and for consumers
outside the Village annually or at any other time as determined by
the Village, except that, if no action is taken by the Village, the
most recently adopted schedule shall continue in effect. Water rates
shall be established pursuant to §§ 11-1118 and 11-1120
of the Village Law of the State of New York.
B.
All water rates shall be charged on the basis of the
amount registered on the meters installed, as herein provided, or
a minimum charge, or on any combination of these methods as established
and fixed by the Village.
C.
The minimum service charge rate shall be payable even
though no water is consumed.
A.
Water supplied to consumers outside the boundaries
of the Village shall be on such terms and such conditions as may be
fixed by the Village Board. The Village Board may require that there
be deposited with the Village a sum equivalent to the estimated cost
of water to be supplied to an applicant for each ensuing six-month
period and that such deposit be held as security for collection of
the water rent.
B.
Any water supply to consumers outside the Village
limits shall be furnished only upon an agreement that the Village
assumes no obligation to maintain any facility not owned by the Village.
C.
All water supply contracts for outside users may be
reviewed yearly for updating and approval.
D.
The minimum service charge and/or water rates payable
by consumers outside the Village may be at a greater rate than the
current water rates payable by consumers within the Village, and such
outside water rates shall be established by the Village Board.
E.
Consumers to whom water is supplied outside the boundaries
of the Village shall be subject to disconnection of such service as
provided in the rules and regulations for any and all consumers.
F.
Nothing contained in this section shall be construed
to relieve consumers of water outside the Village boundaries from
any liabilities or obligations imposed by law or ordinance, upon resident
users of water.
G.
Nothing contained in this section shall be construed
to give any person or persons any right or rights to water from the
Village, and the granting of each such temporary permit shall be by
the Village Board.
A.
Each user and owner of a premises shall be jointly
and severally liable for the water rent, interest, and all additional
charges and penalties established herein.
B.
Every user who continues the use of the Village water
system after the taking effect of this chapter, and the owners of
each parcel of realty which is so served by the Village water system,
are and shall be deemed to have assented and agreed to conform to
and comply with each and every provision set forth in this chapter.
The water rent charge shall be billed on a calendar-quarter
basis and shall be due and payable for each calendar quarter in the
month succeeding the end of each quarter, i.e., May, August, November
and February of each year.
A.
If the water rent is not paid prior to the first day
of the next succeeding month in which the charge was due, a penalty
of 20% of the charge shall be added thereto. If the water bill, including
penalty, is unpaid on the 10th day of the second month after payment
is due, water to such property shall be shut off and an additional
charge of $20 shall be imposed and designated a shutoff charge. Water
service will only be restored after the entire bill, including all
penalties and charges, shall be paid in full.
B.
Notwithstanding the foregoing, collection of delinquent
water rents may be enforced pursuant to Village Law § 11-1118,
as enacted and amended now and hereafter. All attorneys' fees and
costs incurred by the Village of Weedsport in collecting any delinquent
water rent more than 45 days past due shall be charged against and
added to the amount of the unpaid sewer rent and shall be a part of
any lien therefor.
C.
Notwithstanding the foregoing, delinquent water rents
and penalties remaining unpaid on the 11th day of January of each
year shall become a lien and added to the Village real estate tax
levied against the property, as provided in Village Law § 11-1118.
D.
The Village Board of the Village of Weedsport is hereby
authorized to enforce this chapter in all respects, including the
full power to collect rents, and its decision shall be final and binding.
A.
The purpose of these regulations is to safeguard potable
water supplies by preventing backflow into public water systems. The
regulations are to be reasonably interpreted. It is the intent of
these regulations to recognize that there are varying degrees of hazard
and to apply the principle that the degree of protection should be
commensurate with the degree of hazard.
B.
AIR-GAP SEPARATION
APPROVED CHECK VALVE
APPROVED DOUBLE-CHECK VALVE ASSEMBLY
APPROVED REDUCED-PRESSURE-PRINCIPLE BACKFLOW PREVENTION DEVICE
(1)
APPROVED WATER SUPPLY
AUXILIARY SUPPLY
BAROMETRIC LOOP
CERTIFIED BACKFLOW PREVENTION DEVICE TESTER
CROSS-CONNECTION
VACUUM BREAKER, NON-PRESSURE-TYPE
VACUUM BREAKER, PRESSURE-TYPE
WATER SUPERVISOR
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
A physical break between a supply pipe and a receiving vessel.
The air gap shall be at least double the diameter of the supply pipe,
measured vertically above the top rim of the vessel, in no case less
than one inch.
A check valve that seats readily and completely. It must
be carefully machined to have free-moving parts and assured watertightness.
The face of the closure element and valve seat must be bronze, composition,
or other noncorrodible material which will seat tightly under all
prevailing conditions of field use. Pins and bushings shall be of
bronze or other noncorrodible, nonsticking material, machined for
easy, dependable operation. The closure element, e.g., clapper, shall
be internally weighted or otherwise internally equipped to promote
rapid and positive closure in all sizes where this feature is obtainable.
An assembly of at least two independently acting check valves,
including tightly closing shutoff valves on each side of the check
valve assembly and suitable leak-detector drains plus connections
available for testing the watertightness of each check valve. This
device must be approved as a complete assembly.
A device incorporating two or more check valves
and an automatically operating differential relief valve located between
the two checks, and two shutoff valves and equipped with necessary
appurtenances for testing. The device shall operate to maintain the
pressure in the zone between the two check valves, less than the pressure
on the public water supply side of the device. At cessation of normal
flow, the pressure between check valves shall be less than the supply
pressure. In case of leakage of either check valve, the differential
relief valve shall operate to maintain this reduced pressure by discharging
to the atmosphere. When the inlet pressure is two pounds per square
inch or less, the relief valve shall open to the atmosphere, thereby
providing an air gap in the device. To be approved, these devices
must be readily accessible for maintenance and testing and installed
in a location where no part of the valve will be submerged. The enclosure
must be self-draining so that the large amount of water which the
relief valve may vent will be disposed of reliably without submergence
of the relief valve. This device must also be approved as a complete
assembly.
Any water supply approved by the New York State Department
of Health.
Any water supply on or available to the premises other than
the approved public water supply.
A loop of pipe rising approximately 35 feet, at its topmost
point, above the highest fixture it supplies.
A person who is examined annually by the water purveyor and
found competent for the testing of backflow prevention devices. He
shall be provided with an appropriate identification card which must
be renewed annually. Failure to perform his duties competently and
conscientiously will result in prompt withdrawal of his certification.
Any unprotected connection between any part of a water system
used or intended to supply water for drinking purposes and any source
or system containing water or substance that is not or cannot be approved
as equally safe, wholesome, and potable for human consumption.
A vacuum breaker which is designed so as not to be subjected
to static line pressure.
A vacuum breaker designed to operate under conditions of
static line pressure.
The consumer or a person on the premises charged with the
responsibility of complete knowledge and understanding of the water
supply piping within the premises and for maintaining the consumer's
water system free from cross-connections and other sanitary defects,
as required by regulations and laws.
C.
Protection of public water system at service connection.
(1)
Where protection is required. Each service connection
from a public water system for supplying water to premises having
an auxiliary water supply shall be protected against backflow of water
from the premises into the public water system, unless the auxiliary
water supply is approved as an additional source by the water purveyor
and is satisfactory to the public health agency having jurisdiction
with regard to quality and safety.
(a)
Each service connection from a public water
system for supplying water to premises on which any substance is handled
under pressure in such fashion as to permit entry into the water system
shall be protected against backflow of the water from the premises
into the public system. This shall include the handling of process
waters and waters originating from the public water supply system
which may have been subject to deterioration in sanitary or chemical
quality.
(b)
Each service connection from a public water
system for supplying water to premises on which a substance of unusually
toxic concentration or danger to health is handled in liquid form,
even though it is not under pressure, shall be protected against backflow
of the water from premises into the public system. Examples are plating
factories and hospitals. This is not intended to apply to normal household
installations.
(c)
Backflow prevention devices shall be installed
on the service connection to any premises that have internal cross-connections,
unless such cross-connections are abated to the satisfaction of the
water purveyor.
(d)
It shall be the responsibility of the water
user to provide and maintain these protective devices, and each one
must be of a type acceptable to the State Health Department.
(2)
Type of protection. The protective device required
shall depend on the degree of hazard as tabulated below:
(a)
At the service connection to any premises where
there is an auxiliary water supply handled in a separate piping system
with no known cross-connection, the public water supply shall be protected
by an approved double-check valve assembly.
(b)
At the service connection on any premises on
which there is an auxiliary water supply where cross-connections are
known to exist which cannot be presently eliminated, the public water
supply system shall be protected by an air-gap separation or an approved
reduced-pressure-principle backflow prevention device.
(c)
At the service connection to any premises on
which a substance that would be objectionable (but not necessarily
hazardous to health if introduced into the public water supply) is
handled so as to constitute a cross-connection, the public water supply
shall be protected by an approved double-check valve assembly.
(d)
At the service connection to any premises on
which a substance of unusual toxic concentration or danger to health
is or may be handled, but not under pressure, the public water supply
shall be protected by an air-gap separation or an approved reduced-pressure-principle
backflow prevention device. This device shall be located as close
as practicable to the water meter, and all piping between the water
meter and receiving tanks shall be entirely visible.
(e)
At the service connection to any premises on
which any material dangerous to health or toxic substance in toxic
concentration is or may be handled under pressure, the public water
supply shall be protected by an air-gap separation. The air gap shall
be located as close as practicable to the water meter, and all piping
between the water meter and receiving tanks shall be entirely visible.
If these conditions cannot reasonably be met, the public water supply
shall be protected with an approved reduced-pressure-principle backflow
prevention device, providing the alternative is acceptable to the
water purveyor.
(f)
At the service connection to any sewage treatment
plant or sewage pumping station, the public water supply shall be
protected by an air-gap separation. The air gap shall be located as
close as practicable to the water meter and all piping between the
water meter and receiving tanks shall be entirely visible. If these
conditions cannot be reasonably met, the public water supply shall
be protected with an approved reduced-pressure-principle backflow
prevention device.
(3)
Frequency of inspection of protective devices.
(a)
It shall be the duty of the water user on any
premises on account of which backflow protective devices are installed
to have competent inspections made at least once a year, or more often
in those instances where successive inspections indicate repeated
failure. These devices shall be repaired, overhauled, or replaced
at the expense of the water user whenever they are found to be defective.
These tests shall be performed by a qualified backflow prevention
device tester, and all test results will be provided to the water
purveyor within 72 hours after such test is made.
(b)
Records of such tests, repairs, and overhaul
shall also be kept and made available to the water purveyor and the
local health department upon request.
D.
Protection of potable water system within premises.
(1)
Separate drinking water system. Whenever the Superintendent
of Public Works determines that it is not practical to protect drinking
water systems on premises against entry of water from a source or
piping system or equipment that cannot be approved as safe or potable
for human use, an entirely separate drinking water system shall be
installed to supply water at points convenient for consumers.[1]
(2)
Water systems for fighting fire, derived from a supply that cannot be approved as safe or potable for human use, shall, wherever practicable, be kept wholly separate from drinking water pipelines and equipment. In cases where the domestic water system is used for both drinking and fire-fighting purposes, approved backflow prevention devices shall be installed to protect such individual drinking water lines as are not used for fire-fighting purposes. Any auxiliary fire-fighting water supply which is not approved for potable purposes but which is so connected that it may be introduced into potable water piping during an emergency shall be equipped with an approved automatic chlorination machine. It is hereby declared that it is the responsibility of the person or persons causing the introduction of said unapproved or unsafe water into the pipelines to see that a procedure is developed and carried out to notify and protect users of this piping system during the emergency and that special precautions are taken to disinfect thoroughly and flush out all the pipelines which may become contaminated before they are again used to furnish drinking water. In the event the means of protection of water consumers is by disinfection of the auxiliary fire-fighting supply, the installation and its use shall be thoroughly reliable. The public water supply must be protected against backflow from such dual domestic fire systems, as detailed in § 204-15C.
(3)
Process waters. Potable water pipelines connected
to equipment for industrial processes or operations shall be protected
by a suitable backflow prevention device located beyond the last point
from which drinking water may be taken, which device shall be provided
on the feed line to process piping or equipment. In the event that
the particular process liquid is especially corrosive or apt to prevent
reliable action of the backflow prevention device, air-gap separation
shall be provided. These devices shall be tested by the water user
at least once a year, or more often in those instances where successive
inspections indicate repeated failure. The devices shall be repaired,
overhauled, or replaced whenever they are found to be defective. These
tests must be performed by a qualified backflow prevention device
tester, and records of tests, repairs, and replacement shall be kept
and made available to the water purveyor and the health department
upon request.
(4)
Sewage treatment plants and pumping stations. Sewage
pumps shall not have priming connections directly off any drinking
water systems. No connections shall exist between the drinking water
system and any other piping, equipment, or tank in any sewage treatment
plant or sewage pumping station.
(5)
Plumbing connections.
(a)
Where the circumstances are such that there
is special danger to health by the backflow of sewage, as from sewers,
toilets, hospital bedpans and the like, into a drinking water system,
a dependable device or devices shall be installed to prevent such
backflow.
(b)
The purpose of these regulations is not to transcend
local plumbing regulations but only to deal with those extraordinary
situations where sewage may be forced or drawn into the drinking water
piping. These regulations do not attempt to eliminate at this time
the hazards of backsiphonage through flushometer valves on all toilets
but deal with those situations where the likelihood of vacuum conditions
in the drinking water system is definite and there is special danger
to health. Devices suited to the purpose of avoiding backsiphonage
from plumbing fixtures are roof tanks, barometric loops or separate
pressure system separately piped to supply such fixtures, recognized
approved vacuum or siphon breaker and other backflow protective devices
which have been proved by appropriate tests to be dependable for destroying
the vacuum.
(c)
Inasmuch as many of the serious hazards of this
kind are due to water supply piping which is too small, thereby causing
vacuum conditions when fixtures are flushed or water is drawn from
the system in other ways, it is recommended that water supply piping
that is too small be enlarged wherever possible.
(6)
Marking safe and unsafe waterlines.
(a)
Where the premises contains dual or multiple
water systems and piping, the exposed portions of pipelines shall
be painted, banded or marked at sufficient intervals to distinguish
clearly which water is safe and which is not safe. All outlets from
secondary or other potentially contaminated systems shall be posted
as being contaminated and unsafe for drinking purposes. All outlets
intended for drinking purposes shall be plainly marked to indicate
that fact.
(b)
Water Supervisor. The health department and
the water purveyor shall be kept informed of the identity of the person
responsible for the water piping on all premises concerned with these
regulations. At each premises where it is necessary, in the opinion
of the water purveyor, a water supervisor shall be designated. This
water supervisor shall be responsible for the installation and use
of pipelines and equipment and for the avoidance of cross-connections.
(c)
In the event of contamination or pollution of
the drinking water system due to a cross-connection on the premises,
the local health department and water purveyor shall be promptly advised
by the person responsible for the water system so that appropriate
measures may be taken to overcome the contamination.[2]
E.
Recourse for noncompliance.
(1)
No water service connection to any premises shall
be installed or maintained by the water purveyor unless the water
supply is protected as required by state regulations and this rule.
(2)
Service of water to any premises may be discontinued
by the water purveyor if a backflow preventive device required by
this rule and regulation is not installed, tested, and maintained;
if any defect is found in an installed backflow preventive device;
if it is found that a backflow preventive device has been removed
or bypassed; or if unprotected cross-connections exist on the premises,
and service will not be restored until such conditions or defects
are corrected.
Unless in actual use all hydrants, taps, fixtures
or other outlets must be securely shut off. Any unnecessary waste
of water is strictly prohibited.
If the Board of Trustees at any time determines
that an emergency exists threatening a shortage of water supply, the
Board may prescribe emergency rules for further regulation and restriction
of the use of the water supply, and such rules shall have the force
and effect of a rule or regulation duly adopted.
A.
The Superintendent of Public Works and other duly
authorized employees of the Village bearing proper credentials and
identification shall be permitted to enter all properties for the
purpose of inspection, observation, measurement, sampling and testing
in accordance with the provisions of this chapter. The Superintendent
of Public Works or his representatives shall have no authority to
inquire into any processes, including metallurgical, chemical, oil,
refining, ceramic, paper, or other industries, beyond that point having
a direct bearing on the water system of the Village of Weedsport.
B.
The Superintendent of Public Works and other duly
authorized employees of the Village bearing proper credentials and
identification shall be permitted to enter all private properties
through which the Village holds a duly negotiated easement for the
purpose of, but not limited to, inspection, observation, measurement,
sampling, repair and maintenance of any portion of the waterworks
lying within said easement. All entry and subsequent work, if any,
on said easement shall be done in full accordance with the terms of
the duly negotiated easement pertaining to the private property involved.
A.
No person, firm, hospital, association, corporation,
whether public or private, partnership, or any agent, employee, builder,
plumber or contractor therefor or any of his or its agents, employees,
or subcontractors shall in any way violate or assist, solicit, request,
command or aid in any violation of any of the provisions of this chapter.
A violation shall include, but is not limited to, the refusal, neglect
or omission to do any act or obtain any permit required by any of
the provisions of this chapter. All owners of each parcel of realty
and all users of the water system where a violation occurs shall each
be fully responsible for each said violation under this chapter in
addition to the actual violators thereof. In addition, a person is
liable for conduct constituting a violation of this chapter which
he performs or causes to be performed in the name of or on behalf
of a corporation to the same extent as if such conduct were performed
in his own name or behalf.
B.
An action or proceeding may be maintained in the name
of the Village of Weedsport in any court of competent jurisdiction
to compel compliance with, or to restrain by injunction, the violation
of any portion, section or any part of any section of this chapter.
C.
Nothing herein shall limit the authority or right
of the Board of Trustees to disconnect the premises affected from
the Village water supply system as provided in this chapter.
D.
In addition to any and all remedies, penalties, charges and interest set forth herein, a violation of any of the provisions of this chapter shall be a criminal violation and, upon conviction thereof, each such violation shall be punished as provided in Chapter 1, General Provisions, Article I, General Penalty, of the Code of the Village of Weedsport.
E.
In addition, all violators may be proceeded against
by the Village or by the Superintendent of Public Works, or by the
owner of any property in the Village affected by such violation, by
appropriate action or by proceeding in equity or otherwise to prevent,
enjoin, remove, and/or discontinue any violation or potential violation
of this chapter and/or to recover a money judgment.[1]
F.
The Village shall be entitled to recover from any
person found in violation and from the owner of the property on which
the violation has occurred all attorneys' fees, fees of the Superintendent
of Public Works, and other costs to the Village of ascertaining and
remedying violations of this chapter and enforcing the rights of the
Village and penalties hereunder.[2]
G.
The imposition of all penalties for any violation
of this chapter shall not excuse the violation thereof or permit it
to continue. The application of all penalties hereinabove and herein
provided shall not prevent the enforced removal and termination of
conditions, acts, and omissions prohibited by this chapter, the enforced
adherence thereto, or the taking of such other action as may be authorized
by this chapter or any other law.
H.
The remedies under this section may be used singly,
concurrently and sequentially in any combination, and the use of one
remedy shall not exclude the exercise of any other remedy hereunder.
I.
Each day that a violation under this chapter shall
be allowed to exist shall be deemed a separate violation.
This chapter shall be effective February 1,
1985.
