[HISTORY: Adopted by the Common Council of
the City of Gloversville 8-10-1965 as Ch. 102 of the 1965 Code. Amendments noted where applicable.]
[Amended 3-21-1981]
No person other than the Superintendent of Waterworks, or a person employed by the Water Commissioners or the said Superintendent, will be permitted to tap or make any attachment with the pipes of the waterworks or to make any repairs, additions or alteration to any tap, cock or other fixture for the introduction of service pipes from the main to the water meter, except a person, firm, association or corporation licensed pursuant to Ch. 232, Sewer and Plumbing Rules, §§ 232-1 and 232-5.
A.
Contents and procedure. Application for a permit to
connect service or supply pipes with the distribution pipes shall
be made by the person desiring a supply of water. Such application
shall state fully and fairly the several and various uses for and
the manner in which the water is to be used and shall be signed by
the owner of the premises or his authorized agent or attorney. The
permit granted will specify the particular uses applied for, and thereafter
when any other use of water or additional service pipe or plumbing
fixture is desired, further application as aforesaid must be made
and permit obtained.
B.
Permit required.
[Added 3-2-1981]
(1)
A permit is required for a new or renewal water service
from the water main to the curb box at the present cost as established
by the Water Board.
(2)
A permit is also required when repair or replacement
of a water service line and/or apparatus from the curb box to the
water meter is needed. This permit is required at the present at no
charge.
A.
No permit shall be granted for tapping of water mains,
or the connecting of service or supply pipes, or any alterations of
or additions to the same, or of any plumbing to the introduction of
service pipe in any street, until there is paid a sufficient sum to
cover the expenses thereof, to be determined by the Water Commissioners.
[Amended 2-1-1993]
A rental fee (minimum bill) shall be charged
to the property owner when the meter remains on the property even
with no usage if not returned to the waterworks. The bill will not
be prorated should the water meter not remain on the property for
a complete billing cycle.
A.
Persons taking water must keep their own water pipes
and all fixtures connected therewith in good repair and protected
from frost at their own expense; and all damages caused by the neglect
of owners or occupants of buildings to keep the connecting or supply
pipes and other fixtures connected therewith in good order must, by
law, be paid by them.
B.
Water Department personnel will not be held liable
for any expenses for repair of damages caused by Water Department
personnel to the property owner's pipes or valves while changing a
meter if the fixtures are not in good condition.
[Added 2-1-1993]
C.
The Superintendent will notify the property owner
of the poor condition of the fixtures and have 10 days from the date
of letter to comply with an order to repair or replace a defective
service. The Superintendent may cause such plumbing to be removed
or repaired with cost of such repairs, when done by the Superintendent
or waterworks employees, added to the next water billing against the
real property upon which the cost was incurred.
[Added 2-1-1993]
The Board of Water Commissioners shall have
the right at any time to place a water meter on any service pipe,
and after the placing of such meter all water delivered to the property
supplied by such service pipe shall be paid for at the scheduled meter
rates in force or at any such schedule of meter rates as may at any
time be adopted by the Board of Water Commissioners. The Board of
Water Commissioners and its agents, officers and assistants may enter
the premises of any water consumer, at any reasonable time, to examine
the pipes and fixtures to ascertain the quantity of water used and
the manner of its use, and for any other purpose in connection with
said water system.
[Added 6-16-1980]
The Board of Water Commissioners shall have
the right at any time to place, at a location selected by said Board,
an outside meter-reading device on any building serviced by water;
and, after the placing of such reader, all water delivered to the
property supplied by such service shall be paid for at the scheduled
meter rates in force, or at any such schedule of meter rates as may
at any time be adopted by the Board of Water Commissioners. The Board
of Water Commissioners, its agents, officers and assistants, may enter
the premises of any water consumer, at any reasonable time, to examine
the pipes and fixtures to ascertain the quantity of water used and
the manner of its use and for any other purpose in connection with
said water system.
[Added 2-1-1993]
A.
On properties where two consecutive estimated readings have been taken, the Water Department shall have the right, under § 294-7, to install an outside meter-reading device, at which time the removed meter, which has been estimated, will now be read, and the bill will be adjusted accordingly on the next billing cycle.
B.
Upon request by a property owner to check out a possible
problem with the water quality, meter and fixtures, or any other water-related
problem, an authorization sheet which states:
|
I/We (or authorized person) hereby authorize
the Gloversville waterworks personnel to enter the premises for (whatever
the request was for) shall be signed by the property owner and Water
Department personnel upon arrival and after the work or investigation
is completed.
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[Added 3-2-1981; amended 3-2-1981]
The owner or occupant of any property serviced
by a lateral upon which is a meter two inches or greater in size shall
have a bypass installed in the following instances:
[Added 2-16-1981]
The Board of Water Commissioners shall have
the right to require property owners, lessees or any other person,
firm, corporation, municipal corporation, water district or others
using water to provide a backflow prevention device in order that
no water or other substance can enter the Gloversville water system
from the property or buildings of said above named. The Board of Water
Commissioners, by its employees, servants, agents or contractors,
may cause the installation of said backflow prevention device and
charge said cost to the property owner, lessee or other water users
if said person, firm or corporation fails for 30 days to install said
backflow prevention device after written notice. Said backflow prevention
device shall be installed pursuant to plans approved by the Board
of Water Commissioners.
No applicant shall use water from the pipes
for any purpose not embraced in his application or willfully or unreasonably
waste the water or allow other than himself, his family and servants
to use the water from said pipes, except for drinking on the premises.
The Board of Water Commissioners reserves the
right, in case of severe drought or in case of an inadequate supply
of water, such determination of severe drought or inadequacy of supply
to be made by the Water Commissioners, to restrict the use of water
partially or entirely from all places where in the sole judgment of
the Water Commissioners the supply can be restricted. The Water Commissioners
also reserve the right to restrict, suspend or terminate partially
or entirely all sprinkling, car washing and swimming pool use of water
within the area served by the water system.
A.
Whenever two or more several parties or families are
supplied with water from the same service pipe, the failure of any
one of the parties to pay the water rent when due, or to comply with
the published rules and regulations of the Water Commissioners, the
Commissioners shall withhold all supply from such service pipe without
liability in damages to either of the other parties.
B.
Upon request by the property owner to install a new
water service, each property will then be required to have its own
water supply and curb stop.
[Added 2-1-1993]
Any person wishing to discontinue the use of
water must give written notice thereof at the office of the Superintendent
previous to the expiration of the time for which payment has been
made, otherwise he will be liable for the rent for the ensuing six
months.
For the collection of water bills on and after
July 1, 1912, the City is hereby divided into three districts known
as "District Number One," "District Number Two" and "District Number
Three."
A.
District Number One.
(1)
District Number One shall comprise all property located
within the City limits north of the center of West Fulton Street and
west of the center of North Main Street.
(2)
All water bills against properties located in District
Number One shall be paid as follows: All meter bills shall be due
and payable on the first day of January and July at the office of
the Superintendent.
B.
District Number Two.
(1)
District Number Two shall comprise all properties
located within the City limits east of the center of North Main Street
and north of the center of East Fulton Street.
(2)
All water bills against properties located in District
Number Two shall be paid as follows: All meter bills shall be due
and payable on the first day of March and September at the office
of the Superintendent.
C.
District Number Three.
(1)
District Number Three shall comprise all property
located within the City limits south of the center of West Fulton
Street and south of the center of East Fulton Street.
(2)
All water bills against properties located in District
Number Three shall be paid as follows: All meter bills shall be due
and payable on the first day of May and November, at the office of
the Superintendent.
[Added 2-1-1993]
A.
Upon failure of the property owner to pay the water
bill within the payment period, a five-percent City and ten-percent
outside City penalty shall be charged after the last day of the scheduled
payment period, and 1% shall be charged for each additional month
thereafter.
B.
When the property owner fails to pay the water bill
within the billing period, a shutoff notice is sent to the property
owner approximately two weeks following the last day from the end
of the billing period where payment is due, stating that if the bill
is not paid, water will be shut off in approximately two weeks.
(1)
Approximately two weeks before shutoffs, the Water
Department will publish in the Leader Herald the addresses of all
buildings to be shut off. The Water Department will also notify Social
Services and appropriate City Hall personnel.
(2)
Seventy-two hours after the shutoff, the Water Department
will notify the Fire Department and Engineering Department of any
buildings still off.
(3)
The Fire Department will issue appearance tickets
to the owner and file court papers. Tickets will be served by the
Police Department.
(4)
The Engineering Department will post a seventy-two-hour
notice of evacuation on all apartment doors. Evacuation notices will
list agencies that the tenants may call for help.
(5)
If after 72 hours the water is still off and the tenants
are unable to find lodging, the Department of Social Services will
assist the families in securing lodging.
(6)
The City Attorney's office will actively prosecute
violators.
C.
Should the water be turned off for nonpayment, a reconnect/turn-on
fee of $75 is assessed against the property owner and due when paying
the delinquent water bill.
[Amended 10-23-2012 by Res. No. 102-2012]
D.
All water bills will be billed to the property owner,
including rental properties. In no case shall the tenant be billed
or held responsible for any water bills incurred at the rental property.
When the supply of water to any premises, or
any part thereof, is turned off by the direction of the Superintendent,
no person shall turn it on without the permission of the Superintendent.
No person or persons except the Superintendent
of Waterworks, or those acting with his permission or under his direction,
shall open or close any valve or gate in the street main or molest
or interfere with same in any manner.
A.
No person or persons shall open any fire plug or hydrant,
or draw water therefrom, except the Superintendent of Waterworks and
persons under his direction or with his permission. Section 103 of
the General Municipal Law makes it possible for the governing board
to standardize on a particular type of fire hydrant, and motion passed
by the Board of Water Commissioners on March 21, 1988, to standardize,
using a Mueller Centurion Model A-41 three-way national standard thread.
[Amended 2-1-1993]
B.
The Chief Engineer of the Fire Department, his assistant
and officers and members of said Department are authorized to use
the hydrants and plugs for the purpose of extinguishing fires or cleaning
hose or department materials or making trials of hose of the Department,
but all such uses shall be under the direction and supervision of
the Chief Engineer or his assistants, and in no event shall an inexperienced
or incompetent person be permitted to manipulate or control in any
way any hydrant, plug or other fixture.
C.
A public hazard is created by obstructing the use
of a fire hydrant. No person, except employees of the City performing
their assigned functions, shall create an obstruction by placing snow
or any other material on or against a City hydrant. The Superintendent's
designee shall give one written warning to any person or persons creating
such a public hazard. A fine of $50 will be levied for each subsequent
offense. In the case where snow or other material is being moved for
hire and a public hazard is created, both the agent and/or responsible
party(ies) may be fined $50.
[Added 4-28-1998 by Ord. No. 5-98]
D.
No person shall create a public hazard by intentionally
destroying, defacing or removing a City hydrant marker. Such an act
shall be punishable pursuant to New York State Penal Law §§ 145.00
and 155.25.
[Added 4-28-1998 by Ord. No. 5-98]
No person shall bathe or attempt to bathe in
the reservoirs which supply the waterworks of the City, or cast any
wood, dirt or any substance whatever into any of the reservoirs or
any of the springs or streams running into the same, or in any manner
interfere with the structure of such reservoirs, pipes, hydrants,
hose or any other property connected therewith, or take any ice therefrom,
or angle or fish therein, and no person shall in any manner wrongfully
interfere with or trespass upon any of the property appertaining to
the said waterworks not hereinbefore specified.
All persons desiring to do pipefitting in connection
with the waterworks shall file a bond in the office of the Board of
Water Commissioners, in the sum of $1000, with two or more sureties,
for the faithful performance of all such work, in accordance with
rules and regulations of the waterworks, and make application for
a pipefitter's license, accompanied by a fee of $1 for the same. Upon
the approval of the Board of Water Commissioners, a license shall
be granted for one year, and said license may be revoked at the pleasure
of the Board for any violation of the rules and regulations.
Before any water can be used for building purposes,
a special permit must be obtained at the office of the Superintendent
by the owner or authorized agent of the property on which said water
is to be used. Such permit must specify the nature and approximate
amount of work to be done and must be taken out and paid for before
the work is commenced.
A.
All property owners supplied through any water meter
shall pay for all necessary repairs to same when damaged or destroyed
by frost or other causes, the City of Gloversville, by its Board of
Water Commissioners, to make all such repairs at cost.
B.
In such cases where the water meter has been removed
from the property by someone other than waterworks personnel and not
returned to the waterworks, the cost to replace the meter shall be
paid by the property owner. Failure by the property owner to pay for
the meter within the time given by the Superintendent shall result
in the water supply being discontinued to the property until the bill
is paid.
[Added 2-1-1993]
In case any water meter shall fail to register
the quantity of water passing through the same, the property owner
will be charged at the rate of consumption as registered for the corresponding
six months of the previous year.
[Added 2-1-1993]
A.
A disputed meter reading by the property owner within
the billing period for payment shall be handled in the following manner:
(1)
Step I: A reread of the water meter by the meter readers
will be taken. Should the property owner not be satisfied with the
result of Step I, Step II is then required.
(2)
Step II: Testing of the water meter by the waterworks meter readers
with the property owner present to witness the test. Property owner
will be required to pay a fee in the amount of $50 for the cost of
the test prior to the test being conducted. If the test of the meter
reveals that the meter is not defective and is reading accurately,
which is constituted when the average of three tests performed is
over 102%, the water department will retain the charge of $50 and
issue a receipt to the property owner. If the test of the meter reveals
that the meter is defective and is not reading accurately, which is
constituted when the average of three tests performed is 102% or lower,
the aforementioned fee of $50 will be refunded to the property owner.
[Amended 5-24-2016 by Ord. No. 10-2016]
(3)
Step III: Testing of the water meter by an independent,
certified meter tester at the expense of the property owner with the
meter readers and property owners present to witness the test. Should
Steps I, II and III be correct, the water bill will not be changed.
Upon an area of discrepancy being found in Step I, II or III, the
bill will be adjusted accordingly.
B.
When a bill is in dispute, the property owner should
pay the bill within the billing period to avoid any late charges as
written on the water bill.
[Added 3-2-1981]
No service line or lines for any other purpose
will be allowed to be tapped off any sprinkler system.
[Amended 11-27-1984; 2-1-1993]
All property owners supplied through any water
meter shall pay water rates per 100 cubic feet, as established by
the Board of Water Commissioners, for the first five thousand (5,000)
cubic feet, for the next 15,000 cubic feet, all over 20,000 cubic
feet, and a minimum usage charge for five-ninths-inch through 6-inch
meter per six months.
[Added 4-25-89 by Ord. No. 89-1]
A.
Powers and duties of Superintendent.
(1)
The Superintendent or his duly authorized representative
is hereby authorized, upon showing proper identification, to enter,
examine and survey, at any reasonable time, all water meters, backflow
prevention devices and any equipment which is the responsibility of
the Board of Water Commissioners.
(2)
The occupant or owners of every dwelling and business,
or the person in charge thereof, shall give the Superintendent or
his representative free access to such units and premises at all reasonable
times for the purposes of such inspection, examination and survey.
B.
Service of notices and orders. Whenever the Superintendent
finds that there has been a violation of this chapter or of any rule
or regulation adopted by the Board of Water Commissioners pursuant
thereto, he shall give notice to the person or persons responsible,
a copy of which notice shall be concurrently filed with the City Clerk.
Such notices shall:
(1)
Be in writing.
(2)
Include a description of the real estate sufficient
for identification.
(3)
Include a statement of the reason or reasons why the
notice is being issued.
(4)
Set a reasonable time for the performance of any act
it requires.
(5)
Be served upon the owner or his agent, or upon the
occupant as the case may require, such service to be in person or
in any other manner authorized or required by law.
C.
Abatement of violations.
(1)
When, upon reexamination after the expiration of the
time for compliance, the Superintendent finds that the violation has
not been corrected, then he is authorized to cause such violation
to be repaired, altered or improved.
(2)
Whenever the Superintendent finds that any violation
constitutes a serious hazard to the health or safety of the occupants
or to the public because it is lacking in the facilities required
by this Code, he shall designate such device unfit and shall cause
to be posted on the main entrance of any dwelling so closed a placard
with the following words: "Use of this building for human habitation
is prohibited and unlawful." If the owner fails to comply with an
order to repair or replace a defective device, the Superintendent
may cause such device to be removed and repaired.
(3)
The amount of the cost of such repairs or removal,
when done by the Superintendent, shall be a municipal lien against
the real property upon which such cost was incurred.
(4)
Complaints or orders issued by the Superintendent
pursuant to this chapter shall be served upon persons, either personally
or by registered mail, but if the whereabouts of such persons is unknown
and the same cannot be ascertained by the Superintendent in the exercise
of reasonable diligence, and the Superintendent shall make an affidavit
to that effect, then the serving of such complaint or order upon such
persons may be made by publishing the same once each week for two
consecutive weeks in the official newspaper of the City of Gloversville.
A copy of such complaints or order shall be posted in a conspicuous
place on the premises affected by the complaint or order. A copy of
such complaint or order shall be duly recorded or lodged for record
with the City Clerk of the City of Gloversville.
D.
Penalties.
(1)
Any person who shall violate any provision of this
section or any provision of any rule or regulation adopted by the
Board of Water Commissioners pursuant to authority granted by this
section shall, upon conviction, be punished by a fine of not more
than $150 or imprisonment for not more than six months, or both.
(2)
Each 30 days that such violation is permitted to exist
shall constitute a separate offense.
[Added 2-1-1993]
A.
Section 103 of the General Municipal Law makes it
possible for the governing board to standardize on a particular type
of material or equipment.
B.
Standardization, as the word implies, restricts a
purchase to a specific model or type of equipment or supply.
C.
The Board of Water Commissioners, on March 21, 1988,
passed resolutions standardizing on the following equipment and material
in the interest of economy and for the purpose of interchanging equipment,
replacing equipment and for a more maintenance of the aforementioned
equipment:
(1)
Combination of base to mobile, mobile to mobile, and
base; all equipment used by this agency is Motorola.
(2)
All water meters used by this agency are Neptune -
A.R.B. - automatic, reading and billing meters and parts.
(3)
All tapping and valve-inserting machines shall be
Mueller Model CL-12 and B-100, which provides that all tapping and
inserting valves attach to basic Mueller tapping machines.
(4)
All tapping and gate valves shall be Mueller open
right; tapping valves shall be Mueller cast-iron split type or epoxy-coated
fabricated.
(5)
Corporation valve and curb stops are standard Mueller
type.
[Amended 4-20-1981]
Each person, association, corporation, partnership
or other entity who shall violate any of the provisions of these rules
and regulations shall, for each violation, upon conviction, be punished
by a fine not exceeding $1,000.
[Amended 9-5-1967]
For any violation of the Rules and Regulations
of the Board of Water Commissioners, the water will be shut off, without
notice, and will not be turned on again until a fee of $5 is paid;
no claim for damages or rebate will be allowed by reason of the water
being shut off.
