[HISTORY: Adopted by the Village Board of
Trustees of the Village of Hammondsport 5-10-2011 by L.L. No. 1-2011.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 63.
Wastewater management — See Ch. 117.
Water backflow — See Ch. 119.
[1]
Editor's Note: This local law also superseded former Ch. 118,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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
Whenever a water service pipe becomes frozen between the main and
the building service, the Water Department shall follow the procedure
as listed below:
(1)
The property owner must be present during the thawing procedure.
(2)
All grounding wires from the electrical system in the house must
be disconnected from the waterline by the owner prior to the thawing
procedure.
(3)
The waterline must be disconnected at the meter to break any continuity
between the service entrance line and the home's internal plumbing
system.
(4)
Minimum amperage and time will be used during current flow.
(5)
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.
(6)
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.
I.
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.
A.
Water meters of a type approved by the Village, on recommendation
of the Water Department, shall be installed wherever water is supplied.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
A.
Unless in actual use, all hydrants, taps, fixtures or other outlets
must be securely shut off. Any unnecessary waste of water is strictly
prohibited.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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.
