[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:
(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.
