[HISTORY: Adopted by the Village Board of Trustees of the Village of Hammondsport 5-10-2011 by L.L. No. 1-2011. Amendments noted where applicable.]
Flood damage prevention — See Ch. 63.
Wastewater management — See Ch. 117.
Water backflow — See Ch. 119.
Editor's Note: This local law also superseded former Ch. 118, Water, adopted 5-9-1995 by L.L. No. 5-1995, as amended in its entirety 8-12-2008 by L.L. No. 5-2008.
This chapter shall be known and may be cited as "Local Law No. 1 of the Year 2011 of the Village of Hammondsport, Steuben County, New York."
This chapter establishes and sets forth the rules and regulations governing the installation of water mains and water supply to persons and property.
For application in these rules, 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.
- Is the record owner of premises supplied with water as found in the Steuben County Clerk's office pursuant to a recorded deed.
- Includes all places to which water is supplied, whether the same is occupied or vacant.
- WATER DEPARTMENT
- The person or persons in charge of or responsible for the furnishing of water by the municipality or any person designated to act on his/their/its behalf.
All applications for the introduction of a water supply to any premises or for the replacement and/or modification of any existing installation or for the extension of any pipe or line for the conveyance of water must be made in writing to the Village by the owner of the premises. (See Schedule 1 at the end of this chapter.)
The owner shall guarantee to the Village, at the time of making the application, free and full access to duly authorized Village employees or representatives in and to those areas of the subject premises which are necessarily involved with the supply of water by the Village or to which Village water is believed to be supplied. Such guaranty of free access by the owner shall be deemed to be a covenant running with the land.
No private service line from a municipal curb stop shall be installed, altered or replaced until a permit shall have been obtained and until the proposed installation has been inspected and approved by the Water Department. A fee as set by resolution of the Village Board of Trustees shall be paid upon filing each application. The owner shall be responsible for payment of the cost for the hookup and maintenance and repairs from the water main to the building. All work performed by the Village between the water main and the curb stop shall be charged to the property owner. The Water Department shall install the meters. The charge for this shall include the cost of the meter, backflow preventer, the labor, the pipes and the fittings. These charges shall be set forth on a rate schedule as set by resolution of the Village Board of Trustees and maintained in the Village Clerk's office.
All connections or taps of water mains shall be made by the Water Department after receipt by the Water Department of proof that the permit, if required, has been obtained and the required fee has been paid. At least 72 hours' advance notice prior to the date required for such connection or tap shall be given to the Village Clerk.
All private service lines shall hereafter be installed, maintained and replaced with Type K soft copper tubing or other tubing approved by the designated official of the Water Department. Said tubing shall be not less than 3/4 inch in diameter and 0.065 inch in thickness, laid not less than four feet below the established grade of the adjacent street or existing ground level and at least 24 inches from the nearest point of other pipes provided for other uses for utilities. Where, by reason of existing conditions, it is impractical to meet these requirements, the Water Department may, upon application therefor, grant a permit for some other method of installation.
The location of the curb stop shall be determined by the official in charge of the Water Department. 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. The curb box must be kept in view. In case service fixtures are not kept in repair, the Water Department may make the necessary repairs and charge the cost to the owner of the property. This cost must be paid for by the owner within 30 days after receipt of the bill by such owner.
Where a service line is abandoned or discontinued, the service line must be shut off and discontinued at the main. The expense of this shall be borne by the owner.
The splicing of services is prohibited. Where there are separate and distinct establishments, such as stores and other places and businesses contained within one building, separate and distinct taps shall be provided for each store or place of business insofar as the same may be deemed practicable. No private water systems shall in any way be interconnected with or made capable of being interconnected with or bypassing the Village water system. Interconnecting or bypassing a private water system with the Village water system or installation of a device or means for so interconnecting or bypassing shall immediately revoke the owner's permit, and water service to such owner may summarily be disconnected without notice.
All outside service lines, building and service pipes, outlets and fixtures shall be maintained in good order and repair and protected from frost, leaks and breaks. These must be promptly repaired, if not in good order, to prevent waste of water. If an owner fails to observe these requirements within a period of 15 days after receipt of a notice stating that such condition exists, then the Water Department may discontinue the water supply to such owner and assess the cost thereof against the real property affected. If such cost has not been previously paid, then it shall be included in the next annual tax levy and shall be levied upon the real property in default as provided by § 11-1118 of the Village Law of the State of New York.
Whenever a water service pipe becomes frozen between the main and the building service, the Water Department shall follow the procedure as listed below:
The property owner must be present during the thawing procedure.
All grounding wires from the electrical system in the house must be disconnected from the waterline by the owner prior to the thawing procedure.
The waterline must be disconnected at the meter to break any continuity between the service entrance line and the home's internal plumbing system.
Minimum amperage and time will be used during current flow.
Following successful thawing, the property owner will follow Water Department instructions to prevent additional freeze-up. If these instructions are not followed, subsequent thawing will be billed on a materials-plus-time basis to the property owner.
Following thawing, the property owner will immediately (weather permitting) correct the service-line position to prevent further freeze-up. If this is not done, the owner will be billed for subsequent thawing of the waterline, and said cost may be assessed against the real property affected. If such cost has not been previously paid, then it shall be included in the next annual tax levy and shall be levied upon the real property in default as provided by § 11-1118 of the Village Law of the State of New York.
The Water Department must be called to turn off or to turn on any water service. No private person or business may perform this service.
Water meters of a type approved by the Village, on recommendation of the Water Department, shall be installed wherever water is supplied.
Water meters shall be purchased by the Village, with reimbursement to the Village by the owner, for the exclusive use of the Water Department, to be installed by the Water Department. The cost of the installation shall be borne by the owners. Title to any water meter shall remain with the Village, and the installation by the Village or the Water Department of a water meter on any private property shall not affect ownership by the Village.
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 shall result in the cost of repair being assessed to the owner, and such costs shall be a charge upon the real property. Any willful acts by the owner 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.
The submetering or sale or gift 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.
Installation of meters. In every installation of water service, before permission is granted, the owner 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 shall be protected against frost, steam or hot water. There shall be provided, by the owner, 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. 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, the construction of which shall be approved by the Village and the Water Department prior to the issuance of a permit.
Testing of meters. Upon written request, submitted to the Clerk of the Village, the Water Department will perform one free test per year. If additional testing is requested in writing, the Water Department shall perform the testing. If the results of subsequent testing indicate that the meter is accurate within acceptable standards for meter performance, the expense of the subsequent testing shall be reimbursed to the Village by the party requesting the testing and shall be assessed to the owner and charged to the real property. If it is determined that the meter is faulty, the expense for the subsequent testing shall be paid by the Village.
Water rates will be fixed and established by the Village for the consumers within the Village and for the consumers outside the Village on an annual or other basis as determined by the Village; provided, however, that if no action is taken by the Village, then the most recently adopted schedule shall continue in effect.
All water rates are payable four times annually or as established by resolution of the Village Board of Trustees, and the minimum rate shall be payable, even if no water is consumed.
Payment for water usage shall be made at the office of the Village Clerk during regularly established business hours. Payment made by mail shall be deemed to have been received at the time of mailing as evidenced by the date of the postmark cancellation date.
All water rates shall be charged on the basis of the amount registered on the meters installed or on a flat basis with a minimum charge established by the Village.
All water rates shall become due four times annually, namely on the first days of March, June, September and December in each year or as set by resolution of the Village Board of Trustees.
In the event that a meter ceases to function during any billing period, the owner shall be charged the lowest amount billed during the previous four billing periods.
In the event that any property owner requires a fire flow test for insurance purposes or otherwise, there shall be a minimum fee of $150. This fee shall be reimbursed to the Village by the owner as set forth on a rate schedule set by resolution of the Village Board of Trustees and maintained in the Village Clerk's office.
Provisions relative to charges for unpaid water rents are hereby established as follows: Whenever water rents or penalties thereon remain unpaid for more than 60 days after they become due and payable, the water supply may be cut off by the Village from the premises so in arrears, provided that, not less than 15 calendar days prior to such cutoff of water supply, a written notice is served personally upon the owner of the premises or mailed by first class mail, to such owner at his/her or its last-known address upon the last assessment roll of the Village, stating the date on or after which the water supply will be cut off, and further provided that a similar notice is served personally upon or mailed by first class mail, to the occupant of the premises or served personally upon some responsible person, if any, in said premises not less than 15 calendar days prior to such cutoff. Service by mail is deemed satisfied two calendar days after depositing said notice in the mail.
All water rates, penalties and interest thereon and all charges for connecting and disconnecting and all other charges provided by these regulations shall be a lien on the real property upon which the water is used. Such lien shall be prior and superior to every lien or claim, except the lien of any existing tax. The Board of Trustees may certify to the Village Clerk the amount of any such lien which has not been paid at the time and in the manner provided by the Board, together with a description of the real property affected thereby. The Board of Trustees may thereupon order that such amount be included in the annual tax levy and shall levy the same upon the real property affected.
Water supplied to consumers outside the boundaries of the Village shall be on such terms and conditions as may be fixed by the intermunicipal agreement between the Village of Hammondsport and the Town of Urbana.
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 there exists an emergency which threatens a shortage of its water supply, then the Board of Trustees may prescribe emergency rules for further regulation and restriction of the use of its water supply. Any such rules shall be in force and shall have the effect of a local law duly adopted and passed.
After November 1 of any year, the Water Department will make no installation of water mains or service connections until weather permits in the spring, except in case of an emergency.
Relative to seasonal usage, waterlines will be shut off no later than October 15 and will not be turned on again until the end of April or until the threat of freezing temperatures is past.
Any person committing an offense against any provision of these rules and regulations shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term of not exceeding 15 days, or by both such fine and imprisonment. The continuation of any such violation of these rules and regulations shall constitute, for each day the violation is continued, a separate and distinct offense hereunder.
In addition or as an alternative to the above-provided penalties, the Board of Trustees may also maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or to restrain by injunction any violation of these rules and regulations.