[HISTORY: Adopted by the City Council of
the City of Canandaigua 2-12-1987 (Ch. 5.52 of the 1997 Municipal Code). Amendments noted
where applicable.]
As used in these rules, the words and phrases
listed below shall be deemed to have the following meanings:
The plumber or any other person designated or employed by
the owner.
Any person making a request in writing for any service to
be rendered or furnished by the City of Canandaigua.
Any person owning or having an interest in a plot or tract
of land or his lawful agent who applies for a supply of water to such
premises which are intended to be sold, conveyed, or leased by said
person to an owner or occupant.
The municipal government of the City of Canandaigua.
The owner or person legally or equitably responsible for
payment of charges for water or other facilities and services furnished
by the City of Canandaigua. [1]
The device used to measure and indicate the amount of water
used by the customer.
The persons actually in possession or control of any premises
or part thereof who is a consumer.
The person who has legal or equitable title to any premises,
including a land contract purchaser.
A document granting permission to excavate or perform other
construction work within the City's right-of-way.
An individual, firm, association, partnership, or corporation.
A property or location whether or not occupied
by a structure and shall include the entire front footage thereof
abutting on a public street where the water service is requested or
furnished for any part thereof;
A building under one roof owned or leased by
one customer, and occupied as one residence or one place of business;
A combination of buildings owned or leased by
one customer, in one common enclosure, occupied by one family, or
one corporation or firm, as a residence or place of business;
Each unit of a multiple house or building separated
by a solid vertical partition wall, occupied by one family, or one
firm as a residence or place of business;
A building owned or leased by one customer having
a number of apartments, offices, or lofts which are rented to tenants,
and using in common one hall and one or more means of entrance.
Water mains, pipes, hydrants, sprinklers, and other facilities
installed on private premises or on a public or private street for
the purpose of private fire protection.
Any street, avenue, road, or way that is not for any highway
purpose under the jurisdiction of the City, county, town, or State
of New York.
Appropriate production, distribution and storage facilities,
water mains, pipes, hydrants, and other facilities installed in a
street and used for the public protection of premises from fire.
Any street, avenue, road, or way that is for any highway
purpose under the jurisdiction of the City of Canandaigua, County
of Ontario, Town of Canandaigua, or State of New York, and which is
served by the City's water distribution system.
The facilities and equipment used to supply water to any
premises and which are installed within the limits of the street right-of-way
between the main and the curb box shutoff of the premises to be served.
The Water Bureau of the City of Canandaigua Department of
Public Works.
The rules, regulations, rates, charges, and
fees herein prescribed shall apply to any person who shall be supplied
or whose property shall be supplied with water by the City of Canandaigua
within or outside of the City of Canandaigua or any improvement district
thereof.
A.
All applications for the use of water must be made
in writing on forms provided by the City. On acceptance by the City,
the application shall constitute a contract between the City, and
the applicant, obligating the applicant to pay the City its established
rates and charges and to comply with its rules and regulations as
described herein. Approved rates and charges shall be posted at the
Department of Public Works.
B.
Applications will be accepted subject to there being
an existing main in a street or right-of-way or easement abutting
on the premises to be serviced, but acceptance shall in no way obligate
the City to extend its mains to service the premises excepting as
hereinafter provided.
D.
Application of builders, contractors, real estate
developers and others for temporary water service will be accepted
and temporary water service will be supplied provided it does not
interfere with use of water for general purposes. The quantity of
water taken for such purposes shall be determined either by meter
or by estimate, and shall be paid for in accordance with the rate
schedule applicable to metered general purposes. Customers requiring
temporary water service shall reimburse the City for all its expenses
in connection with providing the necessary temporary service connections
and disconnections.
E.
The City may refuse to enter into an agreement with
any applicant for service until all charges due from the applicant
for water or services at any premises now or heretofore owned or occupied
by him which are in arrears shall have been paid.
F.
Whenever a person, municipal corporation, or special
improvement district shall make application to the New York State
Department of Health (NYSDH) for its approval to take a water supply
or an additional water supply from the City or from a municipal corporation
or special improvement district which is then supplied by the City,
the applicant shall file with the City a request for additional supply
of water which shall include on or before making such application
to the New York State Department of Health, a true copy of its petition,
maps, plans, engineering reports, exhibits and other papers filed
with said Department of Health in support of its application. Upon
completion, record drawings will be provided to the City.
A.
Service connection. Subject to any of the other applicable
provisions of these rules and regulations, upon written application
for service by an owner or his agent of any property abutting on any
public or private street, or right-of-way or easement and upon agreement
of the applicable charge for size, service and/or meter to be installed,
the City will inspect during installation, operate, and maintain the
service pipe connection between the main and including the curb box
shutoff at the property line and furnish one meter up to 3/4 inch
in size or approve an appropriate sized meter. All service connections
and all meters shall be and remain the property of the City.
[Amended 1-5-2009 by Ord. No. 2008-025]
B.
The property owner shall be responsible for the cost
associated with the installation of the initial meter on the premises
and for the inspection for any new service lines. Said costs shall
be established as a fee set by resolution of the City Council.
[Added 1-5-2009 by Ord. No. 2008-025[1]]
C.
Service connection, public fire protection. All mains,
valves, and hydrants installed as part of real estate developments,
main extensions or subdivisions shall be installed at the expense
of the developer and shall be installed according to City specifications.
The developer will be responsible for obtaining the proper permits
and approval of plans from the New York State Department of Health
and upon completion will provide the City with record drawings and
completed works certificate.
D.
Service connection, private fire protection service.
All mains, valves, and hydrants installed as part of real estate developments,
main extensions or subdivisions shall be installed by and at the expense
of the developer and shall be installed according to City specifications
and New York State Department of Health regulations. The developer
will be responsible for obtaining the proper permits and upon completion
will provide the City with record drawings.
(1)
Any connections, water mains, pipes, valves and services,
sprinkling systems, hydrants and any other facilities, whatever installed
on private premises beyond the control valve at the street right-of-way
or casement boundary shall be designed, installed, inspected, operated,
maintained, repaired and replaced by the owner or occupant at its
sole responsibility and expense, subject to the requirements of Subsection
C(3) of this section.
(2)
If an individual hydrant is requested for the purpose
of private fire protection service, and such hydrant can be installed
on an existing public water main in a public street or existing City
easement, the City will furnish and install such hydrant at the expense
of the applicant upon payment of the charges therefor. All hydrants
and hydrant connections so installed shall be and remain the property
of the City.
(3)
Private fire protection service shall be provided
only by written agreement between the City and the applicant therefor,
which agreement shall contain the following express conditions:
(a)
The connection, hydrants, or private fire protection
system are to be used for fire purposes only, and are to have no connection
whatsoever with any taps that may be used for other than fire purposes,
and, because of the danger of pollution, shall have no connection
with any source of supply not approved by the Department of Health
of the State of New York.
(b)
The applicant specifically agrees not to draw
any water whatsoever through said connection, hydrant, or private
fire protection system for any purpose except the extinguishing of
fires or in a periodic test of the fire protection system.
(c)
Violation by the applicant of either condition
in Subsection C(3)(a) or (b) of this agreement shall terminate this
agreement and the City may disconnect the pipe or shut off the supply
of water.
(d)
The applicant agrees to install a master meter
the size and location to be determined by the City at the applicant's
expense.
(e)
The applicant agrees to notify the City at the
time of all tests, so that if desired, the City may have a representative
present. Such notification shall be given one day in advance, however,
need not be formal or written, but may be given by telephone to the
Water Bureau of the City.
(f)
Any authorized representative of the City shall
have free access to the premises of the applicant at any reasonable
time for the purpose of inspection said connections, hydrants, or
private fire protection systems.
(g)
The applicant agrees to pay for services rendered
under this agreement according to rates and charges prescribed. If
at any time the applicant elects to change the terms of this agreement
with respect to size of connection or number of fire protection devices,
this agreement shall be modified accordingly or a new agreement shall
be executed. The rates and charges are established and posted by the
Department of Public Works.
(h)
Water through said connection, hydrants, or
Private fire protection systems is to be supplied subject to the rights
of municipal bodies to use water i the street mains through hydrants
for fire purposes. The right is also reserved by the City to shut
off the supply at any time, without notice, in case of accident or
to make alterations, extensions, connections or repairs. The City
makes no guarantee as to pressure of the water in said connection,
hydrants, or Private fire protection system or the main supplying
the same, and shall not, under any circumstances, be held liable for
loss or damage from a deficiency or failure in the supply of water,
whether caused by shutting off of the water in case of accident or
for alterations, extensions, connections, or repairs, or for any cause
whatsoever unless arising from gross negligence.
E.
Maintenance and replacement. The City will maintain
and, when necessary, repair or replace any service pipe connection
from the main to the curb stop shutoff on all public streets. Service
pipe and such service connections shall not be trespassed upon nor
interfered with in any respect. The curb stop may not be used by customers
for turning on or shutting off water supply but is for the exclusive
use of the City.
F.
Service on applicant's property. At his own expense,
the property owner shall install and maintain the service pipe from
the curb box shutoff to the premises, and two valves; the first to
be located inside the building wall, and the second valve to be adjacent
to and on the house side of the meter, permitting control of the water
supply. The valves shall be of a make and type approved by the City.
For this installation and maintenance thereof, the customer shall
employ a qualified plumber and all work shall be performed in a manner
satisfactory to the City. The minimum size materials, depth of cover,
and method of construction shall be the same as hereinafter specified.
If any defects in workmanship in materials are found, or if the customer's
service has not been installed in accordance with such specifications
or with the City's requirements, water service either will not be
turned on or will be discontinued if such defects are not remedied.
G.
Service pipe specifications. All service pipes shall
have a minimum cover of 4 1/2 feet. No service pipes shall be
less in size than 3/4 inch inside diameter. United States Government
Specification Type K, soft-tempered copper tubing (ANSI/ASTM B88)
or polyethylene tubing (ASTM d2737) shall be used on all services
up to an including two-inch service. All services larger than two
inches in diameter shall be ductile iron, of quality equal to American
Water Works Association standard specifications, and of weight suitable
for service under existing main pressure. Nonmetallic piping may be
used when approved by the City. All connections of service pipes to
a main with a ground cover of less than 4 1/2 feet shall be made
on the side of the main so that such service pipes shall in no case
have less coverage than the main. The City reserves the right in all
cases to approve the size and type of service connections to be used.
[Amended 5-3-2007 by L.L. No. 1-2007]
H.
Agent or owner. The plumber or any other person designated
or employed by the owner of the premises will be considered the agent
of such owner while employed in the work of introducing water into
such premises and in no sense as the agent of the City. The City will
not be responsible for the acts of such persons.
I.
Injury to mains, pipes, and other facilities. Any
person responsible for any injury to any main, pipe, hydrant, or other
facility shall reimburse the City therefor, and for the loss of water
caused thereby. He shall also be responsible for any damage caused
by such escaping water.
J.
Responsibility for trench. In the case of any excavation
for the introduction of any water pipe or connection under authority
of a permit from the City, the owner will be responsible for the opened
trench. Public safety and convenience shall be duly regarded and observed
by the construction of such bridges across open trenches as may be
required to insure safety to the public. Flashing lights, barricades
and all such other means of protection against accident must be provided.
Before trenches are backfilled, materials and workmanship shall be
inspected by the City or its representative, and approved.
K.
Service pipe maintained. The owner of property into
which water is introduced by a service pipe will be required to maintain
in proper order, at his own expense, the said service pipe from the
curb stop to the meter on or for his premises, including all fixtures
therein provided for delivering or supplying water for any purpose.
In case such service and fixtures are not so kept in repair, the City
or its representative, shall notify the owner and establish a date,
reasonable under the particular facts and circumstances, by which
repairs must be made. In the event repairs are not made within the
time specified, the City may turn off the water service until repairs
or defects are remedied.
L.
Inspectors may enter premises. City officials or employees
of the Water Bureau, upon presentation of proper credentials, may
enter upon any premises where water is being supplied by the City
or upon any premises when application is made for a permit to connect
plumbing with the water pipes for the purpose of installing, reading,
removing, or repairing meters, or for inspecting the plumbing and
fixtures of the water service.
M.
Winter provisions. The City shall not be required
to install any service lines or service connections between November
15 and April 15, except by special arrangement, in which case the
customer shall pay for the excess over normal costs. In these cases
where a customer-owned service pipe or main is frozen, thawing shall
be done by the customer. To avoid a recurrence, the City may order
an examination of the customer's service pipe or main, and if the
same is not a minimum depth of 4 1/2 feet as required, the City
reserves the right to require it to be so relocated before service
is resumed.
N.
Water service and sewer separation. New construction
of any new water service lines or sewer lateral lines shall be installed
at a minimum of 10 feet apart. Water services crossing sewers shall
have a minimum of 18 inches vertical separation or as required by
the New York State Department of Health regulations.
O.
Easements. Applicants for service shall deliver without
cost to the City permanent easements of rights-of-way when necessary
for the installation and maintenance of the service lines and service
connections. Easement shall conform to City requirements as established
by the Department of Public Works. The City shall not be obligated
to dedication acceptance until the applicant has obtained satisfactory
easement or rights-of-way.
P.
Delay. The City shall not be compelled to proceed
with the installation of service lines and service connections under
this section when circumstances beyond the control of the City prohibit
such construction. Said circumstances include but shall not be limited
to delays of materials, weather conditions, strikes, acts of God,
and other similar instances.
Q.
Termination of services. Subject to any of the other
applicable provisions of these rules and regulations, upon written
application for service termination by an owner or his agent of any
property abutting on any public or private street, or right-of-way
or easement and upon agreement of the applicable charge for size service
and/or meter to be removed, the City will disconnect the service pipe
connection at the main including the curb box shutoff.
A.
An individual meter shall be required for each premises
and for each separate service connection whether for residential,
commercial, industrial, or private fire protection use.
B.
One meter up to 3/4 inch in size will be furnished and connected by the City as part of the service connection described in § 669-4. The City reserves the right in all cases to approve the size, type, and make of the meter to be used on any connection. Larger meters will have to be purchased by the applicant.
[Amended 5-3-2007 by L.L. No. 1-2007]
C.
The property owner shall be responsible for all fees
associated with the cost of the meter as said fees are established
by resolution of the City Council.
[Added 1-5-2009 by Ord. No. 2008-025[1]]
D.
Cross-connection control:
(1)
A check valve or backflow preventor must be installed
in agricultural, industrial, and commercial hookups or as required
by New York State Department of Health regulations at the expense
of the customer.
[Amended 5-3-2007 by L.L. No. 1-2007]
(2)
The supplier of water is responsible for cross-connection
controls found in Part V of the State Sanitary Code; Section 5-1.31
entitled "Cross Connection Control" shall be a part of these regulations.
(3)
The supplier of water is responsible to assure that
water of questionable or unsuitable quality does not enter the public
water supply system.
(4)
The supplier is required to determine the degree of
hazard that a facility poses to its water supply system, and to require
that an acceptable backflow prevention containment device be installed,
tested, operated, and maintained by the consumer and that adequate
records of maintenance and repair be kept and submitted annually to
the Department of Public Works Water Bureau.
(5)
The consumer has the primary responsibility of preventing
contaminants from entering the potable water piping system and subsequently,
the public water supply.
(6)
He shall, as required by the supplier of water per
Part V, Section 5-1.31 (A) and (B) install, test, operate, maintain
and keep adequate maintenance and repair records for every backflow
prevention device installed to provide containment.
(7)
Additionally, as stated in Part V, Section 5-1.31(C),
the consumer shall prevent cross-connections between the potable water
piping system and any other piping system within his facility.
E.
Location in basement, utility room or meter pit.
(1)
Whenever possible, a meter two inches in size and
under shall be set in the basement or utility room. The meter shall
be located at a convenient point approved by the City so as to protect
the meter and to measure the entire supply of water through the connection.
When a meter cannot be set in the basement or utility room, it will
be set near and inside the property line or in a place approved by
the City. These meters shall be installed in meter pits. All meter
pits shall be furnished and installed by the property owner and shall
be installed in accordance with City specifications.
(2)
Residential meter pits per City specifications for
services under two inches, longer than 200 feet from the property
line or right-of-way boundary line, shall be required. These residential
meter pits shall be installed at the property line or right-of-way
boundary line.
F.
The City shall require meters larger than two inches
in size to be installed in a meter pit, set near and inside the property
line or in a place approved by the City. All meter pits shall be furnished
and installed by the property owner, including a bypass for testing.
All work and materials shall be installed in accordance with the City
specifications. All meters two inches and larger shall have a bypass
for testing.
G.
In all cases involving installation of two inch meters
and larger, where the distance from the property line, easement line,
or right-of-way line to the front wall of the building is greater
than 75 feet, the City shall require that the meter be set near and
inside the property line.
H.
The City reserves the right in all cases where more
than one meter is requested per service connection to charge the customer
for the additional meters and installation at its established rates
and approve the size, type, make, and number of meters to be used
on any connection.
I.
All meters and meter connections shall at all times
remain the sole property of the City and shall not be interfered with
in any respect. All meters will be maintained by and at the expense
of the City, but the customer will be held responsible for damages
due to freezing, hot water, or other external causes. In the case
of damage, the City will repair the meter, if necessary, replacing
it with another meter and the costs shall be paid by the customer.
The City may require the customer to install, at his own expense,
suitable equipment, properly located, to prevent backflow of hot water
which may cause damage to the meter and other damage to the customer's
plumbing.
J.
The City reserves the right to remove and test any
meter at any time and to substitute another meter in its place. In
case of a disputed account involving the accuracy of the meter, such
meter will be tested by the City upon the request of the customer.
In the event that the meter so tested is found to have an error in
registration to the prejudice of the customer in excess of 3% at any
rate of flow within the normal test-flow limits, prior water bills
for a period not greater than four billing quarters will be adjusted
to correct such overregistration.
K.
Meters larger than two inches in size shall be tested
in place at frequent intervals as set forth by the City.
L.
It shall be the obligation of the customer to maintain
and, when necessary, to repair the meter pits on private property.
M.
The City shall not be liable for damages to any premises
caused by flooding in connection with the testing or removal of any
meter.
A.
Main extension agreements. Upon application for water
service in areas not served by the City-owned or leased water main,
the City may permit a builder, contractor or real estate developer
to extend or install necessary mains at the expense of the applicant
in accordance with the terms of the main extension agreement.
B.
Installation by developer. If the builder, contractor,
or real estate developer shall extend or install mains, he shall do
so in accordance with the terms of the main extension agreement to
be entered into with the City in form and substance and containing
such terms as shall be satisfactory to the City. The builder, contractor,
or real estate developer will pay the charges for any engineering
review.
C.
Size and type. The City reserves the right to approve
the diameter and type of pipe required to adequately provide the service
requested and, subject to the requirements of municipal authorities,
its location within or without the limits of a street. The City reserves
the right to approve the size of any service main. All work shall
be completed in accordance with City specifications.
[Amended 11-20-1997 by Ord. No. 97-024; 12-12-2002 by Ord. No. 2002-020]
A.
All bills are payable in accordance with the terms
of the applicable service classification. If a new service is installed
at any time during the billing period, the reduced period will be
billed as if it were a full billing period. When transfers of service
arise from change of occupancy, the new owner will be billed for the
regular billing period. A reading can be taken as a matter of record
at the time of transfer or closing, however, no final bill will be
sent.
[Amended 1-5-2009 by Ord. No. 2008-025]
B.
Meters will be read quarterly or monthly, and customers
will be billed quarterly or monthly, at the City's option.
C.
The quantity recorded by the meter shall be considered
the amount of water passing through the meter, which amount shall
be conclusive on both the customer and the City, except as hereinafter
provided.
(1)
In cases where it is found that the meter has ceased
to register or has registered inaccurately, the quantity may be determined
by the average registration of the meter in a corresponding period
of the preceding year when in order, except where it appears that
there has been a change in occupancy of the premises, or in the use
of the water, in which case an equitable adjustment shall be made.
(2)
In cases where it is found that a reading cannot be
obtained, an estimated bill will be rendered to the customer. The
quantity will be determined by the average registration of the meter
in a corresponding period of the preceding year, except where it appears
that there has been a change of occupancy in the premises or in the
use of water. Where the estimate is in error, an adjusted bill will
be prepared to correct the erroneously estimated bill.
(3)
In all cases where a meter is found to be defective,
the City shall, within one week, replace the same by a meter that
has been tested and properly adjusted.
D.
Water bills will be sent to the owner of record. The responsibility for payment of the water bill shall rest with the owner of record. Failure to pay shall result in imposition and foreclosure of a lien on the property under the terms of Subsections I and J, herein. The customer shall notify the City of any change in ownership or tenancy. No adjustment of bills will be made by the City as between the owners or tenants. No rebate will be given as required in Subsection G below.
E.
All bills are due and payable in net cash when rendered.
In case any water bill or charges provided in and by these rules shall
not be paid with in 20 days following rendering of the bill, such
bill shall be delinquent. The City or its agents may then discontinue
water service, at its option, and if not paid within 60 days after
such bill has become delinquent, the City or its agents shall shut
off water service to the customer, and service will not be reestablished
until such unpaid charges, together with the charge for restoration
of service as elsewhere provided herein, are fully paid. Written notice
of termination of service shall be given to the customer and/or property
owner as reflected in the office of the appropriate Assessor, such
notice to be given not less than 10 days prior to termination of service.
Such notice may be given at any time after a bill has become due and
payable.
F.
Late payment penalty. Water rents in an arrears past
20 days of the rendering of the bill shall accrue a penalty of 15%
of said unpaid arrears. A bill shall be considered rendered upon its
mailing by the City.
G.
Turnoff and turn-on procedures:
[Amended 5-3-2007 by L.L. No. 1-2007; 1-5-2009 by Ord. No.
2008-025]
(1)
Any customer may discontinue water service, except where prohibited by the minimum housing standards of § 748-30 of Chapter 748 of the Code of the City of Canandaigua, by giving the City written notice. If the service is turned off during the billing period, the reduced period will be billed as if it were a full billing period. Should there be consumption less than 11,200 gallons at the time of turnoff, a minimum bill and a turnoff charge will be sent. If the reading at the time of turnoff is higher than 11,200 gallons, a bill for the consumption and the turnoff charge will be sent. Any customer may reinstate a water service by giving the City written or verbal notice. Approved rates and charges are established and posted at the Department of Public Works.
(2)
If the service is turned on during the billing period,
the reduced period will be billed as if it were a full billing period.
H.
Hearing. Any aggrieved customer or occupant who desires a hearing with respect to any bill for water supply or any notice of termination of water supply shall request the same in writing to the City Manager or his designee within 15 days of delivery of the bill or notice. An informal hearing shall be held by the City Manager or his designee within 10 days of receipt of such a request, and the City Manager shall render his determination within five days after such a hearing. No service shall be discontinued pending the determination of such hearing. No determination shall be made to modify any bill unless a preponderance of the evidence shall show that the bill is erroneous either by reason of error in measurement of services or in mathematical calculation, determinations to terminate service will be based upon standards set forth in Subsection D hereof. Appeal from the determination of the City Manager shall be as available under the provisions of Article 78 of the Civil Practice Law and Rules of the State of New York.
I.
Creation of lien. Water rents and other assessed fees
and charges shall constitute a lien upon the real property served
by the City, or such part or parts thereof, for which water rents
and fees and charges shall have been established and imposed. The
lien shall be prior and superior to every other lien or claim except
that of an existing tax, assessment or other lawful charge imposed
by or for the state or a political subdivision or district thereof.
[Amended 1-5-2009 by Ord. No. 2008-025]
J.
Additional remedy for nonpayment. The City of Canandaigua
may maintain an action:
(1)
As upon contract for water rents in arrears, including
penalties and interest; or
(2)
To foreclose liens for such water rents; or
(3)
To levy water rents in arrears as taxes in the annual
tax rolls, to be collected and enforced in the same manner as provided
for City taxes generally, and as specified in § 452, Subdivision
4, of the General Municipal Law.
A.
Supply of water. The City undertakes to use reasonable
care and diligence to provide a constant supply of water at a reasonable
pressure to customers, but reserves the right at any time, without
notice, to shut off the water in its mains for the purpose of making
repairs or extensions, or for other purposes. The City shall not be
liable for a deficiency or failure in the supply of water, or the
pressure thereof for any cause whatsoever, or for any damage caused
thereby, or for the bursting or breaking of any main or service pipe
or any attachment to the City's property.
B.
In the interest of public health, the City will not
permit its mains or services to be connected with any service pipe
or piping which is connected with any source of water not approved
by the Department of Health of the State of New York. The City will
also not permit its main or service pipes to be connected in any way
to any piping tank, vat or other apparatus which contains liquids,
chemicals, or any other matter which might flow back into the City's
service pipe or mains and consequently endanger the water supply.
C.
The City reserves the right, in periods of drought
or emergency when deemed essential to the protection of the public
health, safety, and welfare, to restrict, curtail, or prohibit the
use of water for secondary purposes, such as sprinkling, car washing,
or filling swimming pools, and shall have the right to fix the hours
and periods when water may be used for such purposes.
D.
Discontinuance of service.
(1)
Water service may be discontinued by the City for
any one of the following reasons:
(a)
For use of water other than as represented in
the customer's application, or through branch connections on the street
side of the meter or place reserved for the meter.
(b)
For willful waste of water by improper pipes
or by any other means.
(c)
For molesting any service pipe, seal or meter,
or any other appliance owned by the City.
(d)
For nonpayment of bills for water or services
rendered by the City.
(e)
For refusal of reasonable access to the property
for the purpose of reading, repairing, testing, or removing meters
or inspecting water piping and other fixtures,
(f)
For violation of the this chapter of the City
Code as filed at the office of the Department of Public Works.
(2)
Where two or more premises are now supplied with water
through one service pipe, under control of one curb stop, if any of
the parties so supplied shall violate any of the above rules, the
City reserves the right to apply its shutoff regulations to the joint
service lines, except that such action shall not be taken until the
innocent customer, who is not in violation of the City's rules, has
been given reasonable opportunity to attach the service pipe leading
to his premises to a separately controlled service connection.
E.
When water service to any premises has been turned
off upon the order of the customer, or for any of the above reasons,
and service at any premises is again desired by the same customer,
including seasonal customers, a turn-on charge will be made for the
restoration of service during regular business hours, provided that
the discontinuance of service has not required the removal of the
City's equipment from the customer's premises, and closing the curb
stop or turning off the water elsewhere does not involve any unusual
expense. If, however, it becomes necessary to shut off or disconnect
the service pipe at the City's main, the charge to the customer for
restoration of service will be the actual cost incurred by the City
incidental to the disconnection and reconnection of the service pipe.
Approved rates and charges are established and posted at the Department
of Public Works.
F.
Upon receipt of any application for a new service
or for the reinstatement of an existing service, the City will assume
that the piping and fixtures which the service will supply are in
proper order to receive same, and the City will not be liable in any
event for any accident, breaks, or leakage arising in any connection
with the supply of water or failure to supply same. Owner or agent
shall be present at the time the water is turned on.
G.
The City Council may establish or amend water rents
and all other fees and charges associated with this chapter by resolution.
[Added 1-5-2009 by Ord. No. 2008-025]
[Added 7-13-2023 by Ord. No. 2023-004]
A.
DWELLING, BUILDING, or STRUCTURE
GALVANIZED SERVICE LINE REQUIRING REPLACEMENT
LEAD SERVICE LINE
WATER SERVICE LINE
Definitions.
As used in this section, the following terms shall have the
meanings indicated:
Those respective terms are defined in § 850-12.
A water service line constructed of galvanized steel that
cannot definitively be shown to never have been downstream from a
lead service line.
A water service line on private property that is constructed
of lead.
The water line on private property that leads to the dwelling,
structure, or building that is connected to the main City of Canandaigua
water line.
B.
Lead services lines prohibited. It is hereby established that the
existence of lead service lines or galvanized service lines requiring
replacement is prohibited in the City of Canandaigua.
C.
Lead service line replacement or certification prior to property
transfer.
(1)
No person shall transfer to any other person, nor accept from
any other person, the transfer of the title to any dwelling, building,
structure, or premises, unless and until:
(a)
The owner/occupant provides the City Water Department with a
certification of inspection by a plumbing contractor of the absence
of a lead service line or galvanized service line requiring replacement
and/or that the lead service line was previously removed and replaced;
or
(b)
The City Water Department shall have examined and issued a certificate
of inspection that no lead service line or galvanized service line
requiring replacement exists and that no otherwise unlawful or unmetered
water service line connection exists between the dwelling, building,
or structure and the main City water line.
(2)
This Subsection C shall be applicable only to those transactions in which such premises is transferred by the owner of record, the owner's heirs, assigns, representatives or agents to a bona fide purchaser or purchasers for value and shall not be applicable to involuntary sale proceedings of any kind or to nonsale transfers. This requirement may be waived in the case of transfers of undeveloped premises with no facilities for water services.
D.
Mandatory replacement of lead service line. The owner/occupant of any dwelling, building or structure serviced by a lead service line or galvanized service line requiring replacement is required to replace the lead service line on their premises in accordance with Subsection C.
E.
Any lead service lines or galvanized service line requiring replacement
shall be replaced at the expense of the owner/occupant. Replacement
water service lines must be NSF certified for water and be composed
of brass, copper (Type L or K), DI, SS, CPVC, HDPE, PE, PEX or PVC
manufactured to recognized standards for cold water distribution systems
outside buildings.
F.
Replacement of lead service lines prior to property transfer.
(1)
In the event that a lead service line or galvanized service
line requiring replacement is discovered upon inspection by the Water
Department, the Water Department shall immediately notify the owner/occupant,
in writing, of the existence of the lead service line.
(2)
The owner/occupant shall provide proof of arrangements with
a plumbing contractor for replacement of the lead service line to
the Water Department within 30 days of the date of the Water Department's
notice letter.
(3)
The owner/occupant shall complete replacement of the lead service
line or galvanized service line requiring replacement within 120 days
of the notice letter and submit proof of completion of such replacement
to the Water Department.
(4)
Upon receiving proof of completion of replacement, the Water
Department shall confirm replacement by inspecting the premises as
provided for herewith and file an inspection report with the Water
Department.
(5)
An extension of time may be granted by the Water Department
where the owner can demonstrate that a good faith effort has been
made to comply with this article and/or that exigent circumstances
prevent compliance.
(6)
No repair of a lead service line or galvanized service line
requiring replacement, or reconnection of a lead service line to the
main City water service line shall be permitted under any circumstance.
G.
Authorization to access premises for inspection prior to property
transfer.
(1)
The City shall secure access to the premises from the owner/occupant
for the purpose of inspection for the existence of lead service lines
or galvanized service lines requiring replacement. The City shall
incur no liability from the owner/occupant relating to such inspection.
After such inspection, the City shall restore the premises to its
original condition or as close to its original condition as reasonably
possible; and
(2)
During such inspection, the Water Department shall also inspect the premises to determine the existence of any uses or connections to the City's water or sewer system that may be in violation of this chapter or Chapter 567. If any such violations are discovered, the City shall undertake enforcement action as may be permitted by this chapter or Chapter 567.
(3)
In the event of refusal or failure to provide such access for
an inspection as herein provided, a warrant may be issued by a judge
or acting judge of the City Court upon application by the City Water
Department to allow inspection.
A.
No person shall injure or interfere with any equipment
or building belonging to the City's water system, tamper with meters
or their seals, divert water from mains, use water without permission,
or cut into any water pipe or main.
B.
No person, except as specifically authorized by the
City, shall take water from any public fire hydrant for any other
use whatsoever than for fire purposes. The use of public fire hydrants
is not permitted except upon specific authorization from the City,
and for such uses the municipality or other will be billed at the
meter rates set forth in the rate schedule. If water is used from
public fire hydrants without specific authorization from the City,
the quantity so used will be estimated and the user will be billed
at the meter rates set forth in said schedule, plus any cost of damage
or other expense involving City property.
C.
The curb stop or gate valve shall not be used by the
customer for turning on or shutting off the water supply but is for
the exclusive use of the City.
A.
Any person violating these rules and regulations or
any part thereof shall be subject to a civil penalty in the amount
of at least $50 penalty. Such penalties shall be imposed for each
and every day in which any violation exists. Civil penalties shall
be enclosed in the amounts of $50 for the first violation of these
rules and regulations and not less than $75 for every subsequent violation
of these rules and regulations. Persons violating shall also be subject
to other reasonable penalties including, but not limited to, shutoff
of water pending compliance. This section shall not abrogate or suspend
any other actions which the City may wish to undertake to secure compliance
with these rules and regulations.
B.
Special proceedings to collect civil penalties for
violation of these rules and regulations shall be instituted in the
City Court of the City of Canandaigua or any other court of competent
jurisdiction by service of a notice of petition and petition verified
by the Coordinator of the Department of Public Works of the City of
Canandaigua.
