A.
Use of meters. The sale of water to customers shall be
through a metered connection to the Village system. No person shall take water
or permit water to be taken from the Village's water distribution system
other than through a metered service or as permitted through a metered supply
point, except as authorized by the Village. No person shall accept water knowing
that the water consumption has not been properly registered on a meter.
B.
Bulk sales. The BPU shall provide a metered water point
for the filling of water transport vehicles.
C.
Construction. When application is made for a water connection
for construction purposes, the BPU shall install an approved water meter for
this purpose. The user will pay the Village fees for labor and materials and
water used.
D.
Resale. Water supplied by the Village to any water system
or structure is for use of such system or structure by the owners or occupants
thereof. Except as authorized by the BPU, the resale, delivery, transmission
or supplying of such water to other persons, structures, water services or
water systems is forbidden. In the case of noncompliance, the BPU is authorized
to shut off the system or structure from the Village water mains.
E.
Emergencies. The Village may shut off the water supply
through the water mains of the Village in cases of water main breaks or due
to operational requirements or emergencies. When practicable, notice of a
shutoff will be given in advance. However, even when notice is not given,
neither the Village nor its employees shall be liable for any damage that
may occur as a result of a shutoff.
F.
Conservation. The BPU shall have the authority to promulgate
rules restricting the use of Village water in the case of a drought, water
shortage or other water emergency. These water shortage rules shall become
effective through an emergency proclamation by the Mayor. It shall be the
responsibility of the customer to cooperate and comply with Village instructions.
The officers of the BPU, agents and employees have the right to free
access, at all reasonable hours, to the structure where Village water is being
used to inspect the adequacy of the system installation and condition; to
make tests of the pressure and quality of the water supply; to read, service,
install and remove water meters; to inspect for illegal connections and cross-connections;
and to enforce the provisions of this chapter.
A.
Except as otherwise prescribed herein, consumption charges
shall be based on metered consumption, as determined by periodic meter readings
taken by the Water Department. Meters shall be read at least annually.
B.
If a meter reader cannot gain access to the meter for
a scheduled reading or reliable meter data is otherwise unavailable, a calculated
bill may be issued, based on past metered consumption. Calculated bills may
be escalated by up to 10% beyond past consumption to cover variations. The
account shall be adjusted in accordance with subsequent meter readings as
necessary to more accurately reflect actual consumption. No change shall be
required if the calculated billing is consistent with the average and variability
of subsequent meter readings with seasonal adjustments.
C.
If a meter or meters shall fail to correctly register
the quantities of water flowing through it, such amount shall be determined
by taking the average of the 12 preceding readings of such meter or meters
adjusted for seasonal variations. Where insufficient valid readings are available,
such estimate may be based on the largest possible number of valid readings
taken preceding or subsequent to such incorrect or stopped registration.
A.
The BPU shall issue periodic bills for water consumption
on all active services. Bills may be estimated when billing periods are scheduled
more frequently than meter readings; however, a billing shall coincide with
scheduled meter readings and bills shall be adjusted to reflect actual use.
B.
Water rates. The BPU, subject to the approval of the
Board of Trustees, shall issue a water rate schedule listing consumption charges,
ready-to-serve charges (meter) and other charges appropriate to provide funds
for the operation, maintenance and capital expenses of the Water Department.
Within the practical limits of prudent system management, customer rates and
charges shall be related to the costs of the kinds and levels of services
provided to them.
A.
The owners of all structures served by a single connection
to a Village water supply pipe, either individually or by an association representing
them, shall agree to guarantee payment of all water charges which accrue against
all structures. Any delinquent charges shall be a lien on all structures.
B.
Customer vacating structure. When a customer vacates
a structure served by the Village water system, the customer or owner shall
give notice to the BPU specifying the date of such vacancy, and the owner
of the structure shall be liable for all water and service provided until
such notice is given.
A.
Requests for adjustments. The BPU shall hear and consider
complaints by any property owner or occupant who desires to contest a water
bill. The BPU shall determine whether an adjustment shall be made in the bill.
B.
Claims and allowances.
(1)
In all cases where any rebate or allowance is claimed,
the claim therefor shall be made to the BPU in writing.
(2)
The Village is prohibited by the Constitution of the
State of New York from giving public funds to private parties based upon the
sense of justice or kindness of its officers and may only settle, compromise
and pay claims which are enforceable against it and are not the primary liability
of another party.
(3)
The Village is not an insurer and will not allow payment
of claims by the Village unless negligence of the Village is proved. Claims
must be presented to the Village, in writing, within 90 days of the occurrence
or within 30 days subsequent to the billing date.
(4)
Such claims shall be:
(5)
No rebate will be granted for water lost on the customer's
side of a meter.
(6)
No rebate for unoccupied structures will be allowed unless
the water is shut off at the curb, by a Village representative, and then only
from the time the Village is notified.
(7)
No rebate will be made when the charge results from the
failure on the part of the owner or consumer to comply with the Village laws
or BPU water supply policies or to promptly repair any broken, frozen or defective
building fixture or service pipe.
(8)
No rebate or allowance on any bill sent out by the BPU
shall be made by the Village Treasurer, except as approved by the BPU.
Each fee and user charge levied pursuant to this chapter is hereby made
a lien on the structure and, if the same is not paid within 30 days after
it shall be due and payable, it shall be certified to the Treasurer of the
Village, who if still unpaid shall place the same on the real property tax
bill for that year with interest and penalties allowed by law, and shall be
collected as other Village taxes are collected.
A.
Those water customers who, 30 days after bills delivered
for services rendered as prescribed herein and at the rates concurrent with
the services rendered, have not paid their bills shall be deemed to be delinquent
and the service to their structure may be discontinued after due notice to
the owner and residents. Such service shall not be restored until proper settlement
of the delinquent customer's account has been made, together with any
additional costs which might have been incurred by the Village in the discontinuing
or restoring of the delinquent users service.
B.
Shutoff notice.
(1)
A notice shall be mailed to the owner of the structure
at the owner's last known address and shall be posted in at least one
conspicuous place on the structure.
(2)
Each shutoff notice shall state that service will be
shut off unless all delinquent water and sewer bills are paid and shall state
that a hearing may be had by the owner or any tenant to contest the validity
of the sewer charges in question or to show an error in the statement of the
delinquency.
(3)
Such notice shall indicate the proposed date of the shutoff
and also give the name and address of the Village Clerk who may be contacted
to request a hearing. The notice shall state that unless a written request
for a hearing is made within 10 days after the mailing and posting of the
notice, the hearing shall be deemed waived.
C.
Shutoff hearing.
(1)
If no hearing is requested by the deadline stated in
the notice, then the BPU may proceed to terminate service.
(2)
If the termination of service will endanger the health
and welfare of persons unable to care for themselves, the matter will be referred
to the appropriate public agency for resolution before service is terminated.
(3)
If a hearing is requested on or before the deadline date
by an owner or tenant of the structure, a hearing shall be schedule before
the EPU. The applicant may be accompanied by any other persons and may present
at the hearing any information, testimony or documentation by which to support
the claim.
(4)
Minutes shall be kept of the hearing. The BPU shall decide
whether any error was made in the water or sewer billing and whether service
shall be discontinued. The BPU shall make a report which substantiates its
decision. A notice of the decision and the report shall be mailed to the applicant.
If the decision is to terminate service, the notice shall state the termination
date, which shall not be less than 10 days after the mailing of the decision
notice.
A.
No service shall be commenced to a structure on which
there are unpaid Village taxes, penalties or assessments, nor to one which
is owned by an individual or corporation with water, sewer or other municipal
charges outstanding.
B.
If and when all delinquent bills are paid, the water
service shall be turned back on by the BPU. A service turn-on fee shall be
charged.