Village of Clayton, NY
Jefferson County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Clayton 12-13-1983 by L.L. No. 5-1983 Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 100.
[Amended 2-23-1998 by L.L. No. 1-1998]
A. 
All users of the sewer system within the limits of the Village of Clayton are hereby required to connect to the Village water system, provided that they have reasonable access thereto.
B. 
The Board of Trustees is enabled to establish the rate of $400 for new water hookup fees, with the authority to modify these fees by simple resolution by the Board.
C. 
Each water service line shall be separately metered. Standard 5/8 inch meters are supplied and maintained by the Village Water Department. Larger-size meters are available to be purchased by a property owner through the Water Department at cost.
D. 
It shall be the obligation of the property owner to provide a suitable location for the piping adapted to receive the water meter and an operable hand valve on the service side of the meter.
E. 
Upon application to and approval by the Village Water Department, a water service will be installed from a water main located in the street upon which the applicant's premises fronts to a curb cock or shutoff valve located approximately at the applicant's property line or curbline. It shall be the responsibility of the applicant/property owner to complete the installation of the water service pipe from such curb cock or shutoff to the building which is to be served. Before covering the trench in which the water service pipe is laid from the curb cock or shutoff to the building, the property owner shall first notify the Village Water Department and provide access thereto for inspection and approval. Any corrections required by the Village Water Department shall be made by the property owner at the property owner's expense prior to initiation of water service. In the event that the property owner shall fail to provide the Village Water Department with an adequate opportunity for inspection, the Village Water Department may enter onto the property, retrench the pipe and complete the proper inspection. In the event that repairs are required following said inspection, the property owner shall have a period of 15 days to complete those repairs. In the event that the property owner fails to complete those repairs within the 15 days, the Village Water Department may complete the repairs to bring the service to proper standards prior to initiation of service. The cost to the Village for retrenching and any repairs required shall be billed to the property owner based upon the prevailing labor rates in effect for the Village of Clayton at the time the work is performed, plus the cost of any materials provided by the Village. In the event that the property owner fails to remit payment for labor and materials within 30 days from the billing date, the amount thereof shall be subject to the provisions of § 128-6 of this chapter.
A different source of water may be used in it is not intended to be the primary source of water for human purposes or if the user does not have reasonable access to the Village water system.
If a user is connected to a different source of water and also to the Village water system, the user shall be required to install a venting control valve and water meter to meter water from the different source at his own expense, to prevent the possibility of contaminating the water supply system of the Village and to provide for the billing of sewer charges which are based upon water usage. An annual inspection will be required to certify that the valve is functioning properly.
The Village may grant exception from compliance with this chapter if the user does not have reasonable access to the water supply system or is unable to use the system because of health or other reasons. Any user claiming such exception shall apply to the Village Board for such exception, which may grant the exception after receiving proof to its satisfaction from said user.
Any user of water that has a sewer connection to the Village sewer main but obtains water from a source other than the Village water system shall be required to obtain and install a water meter at his own expense for the purpose of determining the sewer charges. The meter must be a type approved by the Village of Clayton, and the user must allow Village employees periodic access for purposes of reading and testing the meter.
[Added 2-23-1998 by L.L. No. 1-1998]
A. 
No water service shall be initiated or terminated and no water meter shall be installed or removed except by employees of the Village of Clayton Water Department.
B. 
No unauthorized persons shall be permitted to open or shut any fire plug, hydrant, gate, shutoff or stop cock attached to any Village water meter.
C. 
Meters will be installed or removed only during regular working days of the Water Department and will not be installed or removed on weekends or holidays.
D. 
A request for meter installation or removal or initiation or termination of service must be made not less than 48 hours prior to the requested date for installation or removal. Such request shall be made to the Village Office, and the fee for service, set annually by the Board, will be assessed on the next water bill. Any such fee that is not paid within 30 days from the date of assessment shall be subject to the provisions of § 128-6 of this chapter.
E. 
The Village Water Department may discontinue water service on any part of its system at any time deemed necessary in order to make repairs or extensions. The Village Water Department will attempt to provide advance notice of any discontinuation of service to all users affected thereby, but shall not be required to do so when circumstances do not permit delay.
F. 
The Village Water Department may discontinue water service to any property for nonpayment of any charges or fees due under this chapter or for failure to comply with any of the provisions of this chapter.
[Added 2-23-1998 by L.L. No. 1-1998]
A. 
It shall be the responsibility of the property owner to repair and maintain the service pipes from the Village's curb cock or shutoff to and into the building serviced. All leaks in piping, appliances and outlets shall be promptly repaired by the property owner. If such repairs are not promptly and properly made the Village Water Department may discontinue service to the property owner upon twenty-four-hour notice. Any such discontinuation of service shall be for cause under the provisions of this chapter.
B. 
Any damage to the Village's curb cock or shutoff caused by the property owner or any person hired by the property owner shall be repaired or replaced by the Village Water Department, and the cost of the labor provided by the Village at the prevailing wage in effect for the Village plus the cost of the materials shall be charged to the property owner. Any such charges not paid within 30 days from the date of billing shall be subject to the provisions of § 128-6 of this chapter.
[Added 2-23-1998 by L.L. No. 1-1998]
Each property serviced by the Village of Clayton water system must be supplied by an independent service pipe from the water main. No property owner shall permit water to be supplied from his premises to another property except upon special permission granted in advance by the Board of Trustees of the Village of Clayton.
[Amended 8-10-1984 by L.L. No. 3-1984; 3-28-1989 by L.L. No. 2-1989; 2-23-1998 by L.L. No. 1-1998]
A. 
Any property owner connected to both the Village water system and a separate water source shall be required to pay for the water used from the Village water system at existing rates.
B. 
Water usage shall be billed to the exact number of gallons used during the billing period.
C. 
Annual charges. In order to establish and operate the Water Department and the water treatment plant of the Village as a separate utility and to ensure its proper operation, repair and maintenance, it shall be the policy of the Village to establish and impose a scale of annual charges for the use of the water system or any parts thereof.
[Amended 8-23-2010 by L.L. No. 3-2010]
(1) 
The annual charge will consist of:
(a) 
A minimum fee called the "fixed user cost," defined as the cost of all indebtedness, fixed operational costs, and other costs deemed fixed by the Village, divided by the total number of users;
(b) 
A fee called the "variable user cost," defined by the Village as operating and maintenance costs; and
(c) 
Equivalent dwelling units. The Table of Equivalent Dwelling Units is attached to this chapter,[1] and may be amended from time to time by simple Board resolution, following a public hearing on not less than five days' notice.
[1]
Editor's Note: The Table of Equivalent Dwelling Units is included at the end of this chapter.
(2) 
The annual charge, hereafter referred to as "total user cost," shall be billed in installments every four months, on or about March 1, July 1, and November 1, in each and every year. The total user cost is comprised of three parts, as follows:
(a) 
Fixed user cost (UC/F).
(b) 
Variable user cost (UCN).
(c) 
Equivalent dwelling unit (EDU).
(3) 
The total user cost (TUC) equals the fixed user cost times the EDU plus the variable user cost. Formula: TUC = (UC/F x EDU) + UC/V.
(4) 
The fixed user cost is applied to each parcel in the Village of Clayton, whether improved or capable of improvement, including vacant parcels deemed able to be developed. The variable user cost is assessed to metered users per each 1,000 gallons or part thereof. In the event of non-metered users, the Village Board will assess the variable cost each year.
(5) 
Outside users will be billed for fixed costs at a rate 1 1/2 times that which a similarly categorized resident within the Village would pay, and 1 1/2 times what a Village resident would pay for the variable user cost.
(6) 
The Village Board of Trustees has the authority to modify these charges by simple resolution on or before the first regular meeting in June of each year, following a public hearing on not less than five days' notice.
D. 
Each property owner shall be charged for repairs to meters based upon the cost of the labor provided by the Village at the prevailing rates in effect for the Village plus the cost of materials. In addition, each property owner shall be charged for tapping a water main to install a water service in accordance with the schedule and rate then in effect as published by the Village of Clayton.
E. 
In the event that a property owner fails to pay for water usage or any fee imposed pursuant to the provisions of this chapter within 30 days following the issuance of a bill by the Village Office, the Village Water Department may cease and refuse to service such delinquent consumer and may discontinue the water service, and the amount due for water service plus penalties and interest shall be added to the tax roll for the property serviced or the Village may sue for such account and take judgment thereof on behalf of the Village and issue execution thereon. If water service is terminated hereunder but the amount due on any unpaid bill is paid prior to the taking of a judgment as aforesaid, the water will be restored only upon payment of all costs actually incurred by the Village for the collection of such unpaid bills, including attorney's fees and expenses and court costs together with an additional charge, at the current rate, for restoration of water service.
F. 
All billings made to a property owner under the provisions of this chapter not paid within 30 days of the date of the billing shall be subject to interest at the rate of 10% of the outstanding bill.
[Amended 1-6-1987 by L.L. No. 2-1987]
Any person violating the terms or conditions of this chapter shall be subject to a fine not exceeding the sum of $250 or to imprisonment for a term not exceeding 15 days, or both, for each violation; and each week the violation continues will be deemed a separate violation.
The Board of Trustees is hereby authorized to grant an injunction prohibiting any person from improperly using the water or sewer system.