[HISTORY: Adopted by the Town Board of the
Town of Brownville as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-2-2003 by L.L. No. 2-2003[1]]
[1]
Editor's Note: This local law also superseded
former Art. I, Water District No. 1 Rules and Regulations, adopted
8-1-2001 by L.L. No. 2-2001, as amended.
A.
Capital. This shall include all principal and interest
required to retire any indebtedness and any additional sums allocated
by the Town Board to establish, fund or increase reserve accounts.
The elements shall be assessed as follows:
(1)
A flat charge/benefit assessment per unit. A flat
charge/benefit assessment shall be billed to users (A user is a property
owner/parcel owner.) based on the number of units. A full unit will
be addressed as an equivalent dwelling unit (EDU) and will be defined
as a parcel with a dwelling on it that has the capability of using
water. A partial EDU will be defined as a vacant parcel through which
the water line passes. Such parcels shall be charged $0.25 per linear
foot of road frontage. Trailer parks shall be charged 1/2 EDU per
lot. A full-unit EDU will be charged annually and billed on the Town
tax bill. A one-half-unit EDU will be charged annually and billed
on the Town tax bill. A quarter-unit EDU will be charged annually
and billed on the Town tax bill. These figures may be adjusted by
the Town Board. Actual charges are to be determined upon placement
upon final financing. This charge will be on the annual Town tax bill.
(2)
Whenever a property owner within Water District No.
1 owns vacant land with road frontage that would normally be charged
at the rate of $0.25 per foot, and said road frontage assessment would
exceed the normal benefit assessment charged residential property
owners, the owner of said vacant parcel would be charged no more than
the residential benefit assessment in effect during that calendar
year.
(3)
The number of EDU's shall be determined each year
as of the taxable status date, March 1. That number shall be used
to calculate the annual benefit assessment. This benefit assessment
shall be billed to the property owner.
B.
Operation and maintenance charge.
(1)
This shall include maintaining the distribution and
supply systems and any administrative expenses. The O & M charge
may be adjusted by the Town Board if deemed necessary.
(2)
An O & M charge based on the EDU will be charged
for each billing period. A full EDU will be charged $50 annually,
or $12.50 each quarter. One-half EDU will be charged $25 annually,
or $6.25 each quarter. One-quarter EDU will be charged $12.50 annually,
or $3.13 each quarter.
(3)
The operation and maintenance charge will apply to
any dwelling, building, whether occupied or not, in which a lateral
curb stop has been installed.
[Added 1-7-2004 by L.L. No. 1-2004]
C.
Water charge. This shall include the cost of purchasing
water from the Development Authority of the North Country. The rate
shall be based on anticipated meter consumption at an amount per 1,000
gallons of water usage. Initially, that rate shall be $2.20 per 1,000
gallons of water usage as metered. All charges or fees imposed by
the Development Authority of the North Country will apply to any dwelling
or building, whether occupied or not, in which municipal water is
or has been used within the past 12 months.
[Amended 1-7-2004 by L.L. No. 1-2004]
D.
Whenever a residence within the Town of Brownville
Water District No. 1 shall be removed or destroyed so that it is not
habitable, the benefit assessment due the next calendar year will
be eliminated and the property charged as vacant land.
E.
Minimum charge, water usage. A minimum charge of $25
will be assessed with each quarterly bill in addition to all other
applicable charges where municipal water is being used or supplied.
[Added 1-7-2004 by L.L. No. 1-2004]
A.
All new buildings or structures within the Water District
that require water services must connect to the District's facilities.
B.
After initial construction of the system, any property
owner seeking connection to the system shall properly fill out an
application form (water service connection application) and abide
by the requirements of said water service connection application.
C.
After initial construction of the system, any person
wishing to connect must pay a connection fee equal to $100 per unit
to cover the cost of the District's inspection expenses.
D.
It shall be the property owner's responsibility to
connect from the main to the curb stop. It shall be the property owner's
responsibility to connect from the curb stop with the meter in the
residence. The materials will meet Town standardized specifications
and be inspected by Town inspectors at the time of installation. No
on-site water system shall be connected to the District system.
E.
Where the connection within the District requires
the extension of a main or lateral, such extension shall be the sole
cost of the property owner. No main shall be extended across private
property unless an easement is provided.
F.
In the event a main or lateral is extended under § 159-2E hereof and, within five years of such extension, other users are added to such extension, the original property owner that paid for such extension shall be rebated for a portion of the cost of the original extension, prorated on a per-foot basis, which rebate shall be charged to the new person connecting as an additional connection fee.
G.
All laterals and or piping are to be installed by
pushing or boring under all roads, be they Town, county, state roads.
No road cuts will be allowed unless approved by the Town Highway Superintendent.
A.
Curb stops are the responsibility of the Water District
and shall be owned, and installed by the Water District during initial
construction of the Water District. Only one curb stop is required
per parcel.
B.
Curb stops installed after initial construction of
the Water District will be provided by the Water District and once
water is turned on becomes the property of the Water District. This
will apply to connection within or outside of the Water District.
C.
The water supply to any dwelling or building, whether
occupied or not, shall not be turned off or turned on except by a
duly authorized agent of the Town of Brownville.
[Added 1-7-2004 by L.L. No. 1-2004]
B.
Water bills. Water bills will be mailed on or about
the first of the month following meter readings. Included in the October
and April billings will be a notice relative to the flushing of the
hydrants.
C.
Payments of bills. All water bills are due and payable
when prepared. All bills are payable at the Supervisor's office without
penalty, up to and including the due date indicated on the water bill.
This due date shall be 30 days following preparation of water bills.
If the billing due date falls on a weekend or a legal holiday, payment
without penalty shall be extended to the next business day. Any payment
received after the due date will accrue a ten-percent penalty. The
date of a check does not enter into the criteria of determination
of penalty imposition. The postmark date will be deemed sufficient.
Failure to pay any charge under this article, within 30 days of rendering
of bill, shall be cause for termination of water service. No partial
payments will be accepted.
D.
Additional readings and billing. Any request for,
or requirement for, additional readings separate from the regular
scheduled readings will be performed with a charge of $20 imposed.
E.
Unpaid bills. Any water bills, including penalties,
more than 60 days delinquent shall be added onto the property owner's
Town tax bill as a special assessment.
F.
All billings for water usage in multiple dwellings
will be sent to and the responsibility of the building owner.
G.
All additional charges imposed by the District are
due within 30 days of the date on the invoice.
[Added 1-7-2004 by L.L. No. 1-2004]
A.
When service has been terminated for any reason or
service has never been turned on, service will not be restored until
all bills, penalties and service charges are paid in full. This includes
an additional fee of $50 for service restoration between the hours
of 8:00 a.m. and 5:00 p.m., Monday through Friday, exclusive of holidays,
together with any fees charged to the District by the Development
Authority of the North Country. Restoration of service at any other
time will require a payment of a one-hundred-dollar fee, plus any
Development Authority of the North Country charges. Restoration of
service by the Town Water District will be completed within a reasonable
period of time from the time of request as determined by the Superintendent
of Highways.
[Amended 1-7-2004 by L.L. No. 1-2004]
A.
It is the responsibility of the current property owner
to notify the Supervisor's Office of the impending date of transfer
and request a meter reading for final billing.
B.
The Supervisor's Office shall, upon notice of the
impending transfer of property, make arrangements for reading the
meter, it applicable. Upon meter reading, a final bill will be prepared
and mailed to the owner. Final bills are due at the Supervisor's Office
within five days. Upon receipt of payment, water records will be changed
to reflect the new owner.
C.
This constitutes a special reading, and the fee of
$20 applies.
A.
The Town has the responsibility of maintenance of
all facilities within the highway right-of-way and/or within any granted
easement limits, except for lateral easements.
B.
The property owner has the responsibility of maintenance
from the curb stop to the house, insuring that the meters do not freeze
or are otherwise damaged. The District may notify a property owner
to make certain repairs to the water service on the owner's property.
The failure to timely make such repairs shall be grounds for termination
of service.
C.
The property owner is responsible for any damage to
the water meters. Replacing of a damaged meter will be done at a cost
of $500, paid in advance. This fee will cover cost of replacement
of meter plus labor to install.
D.
No person shall make any attachment to or connection
with pipes, mains or meters of the District nor make any repairs,
additions or alterations to the service pipes except on the consumer
side of the water meter, unless he or she is a duly authorized agent
of the Town of Brownville. Meters are the property of the Water District
and if not being used, shall be removed at the discretion of the District.
[Added 1-7-2004 by L.L. No. 1-2004]
Hydrants are solely for the purpose of fire
protection. Hydrants shall not be turned on except by authorized fire
departments for the sole purpose of fighting fires or by Town maintenance
personnel for maintenance, flushing, repair or testing.
A.
All requests for water service to multidwelling units
shall be brought to the Town Board for consideration. The Town Board
shall determine whether a single meter per building or a separate
meter for each dwelling unit will be required. In no event may the
owner of a multidwelling unit buy water from the District and make
a profit on the resale of water.
B.
All billings for water usage in multiple dwelling
will be sent to and be the responsibility of the building owner.
A.
The District is not obligated to provide service to
any outside users. Where service is provided to outside users, it
shall be provided only if the outside user agrees to sign a contract
to pay for such water with the Town in a form acceptable to the Town
Board and Town Attorney and pays to the District a connection fee
of $150.
B.
When providing water to outside users, the Town shall
be responsible for the delivery of water only to the boundary of the
District or any rights-of-way owned by the District. It shall be the
responsibility of the outside user to properly install and maintain
all mains, laterals, and other appurtenant features to deliver water
from the boundaries of the Water District or District rights-of-way
to the outside user's premises. The outside user shall be fully responsible
for all maintenance of all facilities outside the boundaries of the
District or District right-of-way. In the event of a leak, the Town
and District retain the ability to turn off water to the outside user,
unless and until such leak is properly repaired.
C.
Fees to be charged to outside users for the use of
water shall be in an amount at least equal to that charged to users
within the District, plus a factor of 25%.
D.
Outside users shall be subject to other terms and
conditions of these rules and regulations as from time to time amended,
including payment of bills and late payments and penalties.
E.
In the event that there is insufficient water to provide
service to residents within the District, the Town, as Commissioners
of the District, retains the ability to terminate water service to
outside users upon reasonable notice. In the event that the Town,
as Commissioners of any water district, should institute conservation
measures due to shortage of water supply, all outside users shall
be equally subject to such conservation measures and penalties for
noncompliance.
A.
Should lower than normal pressure or other emergency-type
situations occur in the water distribution system or serious fire
hazard exist, a restriction may be placed on water usage above basic
health and sanitation requirements. If water restrictions are imposed,
compliance is mandatory.
B.
In no case will the Town of Brownville be liable for
any damage or loss that may arise due to a fluctuation in water pressure.
A.
The opening of a water hydrant by an unauthorized
person or evidence that attempts have been made to bypass a meter
or in any manner obtain water from the District without proper payment
will result in prosecution under the penal laws of New York State.
B.
A violation of these regulations may result in the
termination of water service to the violator. All violations of these
regulations shall be brought to the attention of the Town Board for
disposition.
C.
A person found to be in violation of these regulations
shall be guilty of a violation and shall be subject to a fine not
to exceed $250 per offense. Each week of continued violation shall
constitute a separate offense.
The Town of Brownville and or its agents shall
have the right to inspect the water meters and related accessories
upon notifying said property owner in writing by certified mail. In
case of an emergency, the Water District's right to inspect shall
be immediate.
Water bills shall be computed in accordance
with water meter readings. No deduction will be made for leakage.
If the meter fails to accurately record the quantity used, it shall
be determined and the charge made based upon the quantity used in
the preceding billing period, or in the corresponding period of the
preceding year, or upon a corrected water bill as shown by a meter
test, as the Superintendent may, at his discretion, determine.
In all places where steam boilers or hot-water
tanks are supplied with water from the water system, the owner or
customer must see that the plumber places a suitable safety valve,
vacuum valve or other proper device to prevent damage from collapse
or explosion when the water is shut off. There will be no cross connections
allowed. The District, the Town and the Superintendent shall not be
liable for any damage resulting from sudden shutting off of the supply
of water from any steam boiler or other fixture deriving its supply
from the District water system.
In the event of an emergency, including but
not limited to breaks in a water main, the Town shall not be liable
for any damage which may result to any person or premises from the
shutting off of the water from any main or service for any purpose
whatever, even in cases where notification is not given.
Where on-premises fire prevention services are
permitted, the entire cost of materials, installation and maintenance
of the service from the main to the premises and within the limits
of the premises shall be borne by the consumer. The consumer will
pay a connection charge as listed. Failure to make proper repairs
of the system, after due notice, will result in the water being turned
off. When the consumer or a representative of the consumer desires
to make flow tests or to make repairs to the fire service system,
except in emergencies, the consumer or the representative of the consumer
must give the operation and maintenance contractor 48 hours' advance
notice before commencing such testing or repairs. The connection charges
per billing shall be as adopted by the Town Board from time to time.
The Town Board of the Town of Brownville will
serve as the Administrative Board for Water District No. 1 and all
future Water Districts.
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Town of Brownville
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Water Service Connection Application/Permit
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Please Print
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I hereby request the Town of Brownville to provide
municipal water to the following address:
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Name:
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Address:
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Parcel No.:
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Phone:
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If billing for water is to be sent to a different
address list below:
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Name:
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Address:
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The name and address of person/firm who will
perform the work is:
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Name:
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Phone:
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Address:
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I hereby agree to abide by the Rules and Regulations
of the Town of Brownville Water District No. 1 as adopted or amended.
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To notify the Town when water service is ready
for inspection and connection to the curb stop.
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Material specifications can be obtained from
the Town and no substitutions will be allowed.
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No work is to be covered until inspected by
the Town.
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This property is located within the boundaries
of Water District No. 1? Yes No
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$100.00 water service connection fee within
the Water District is due with application:
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$150.00 water service connection fee outside
the Water District is due with application:
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Application approved and permit issue on
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Signed
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Lateral installation inspected on ______________
by _______________ and approved or rejected.
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Meter installation inspected on ________________
by ______________ and approved or rejected.
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Curb connection inspected on ___________________
by ______________ and approved or rejected.
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Copy to:
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Owner
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Denny
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File
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Comments:
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[Added 2-1-2006 by L.L. No. 2-2006]
A.
Engineering plans and approval required. Engineered plans and specifications
prepared and stamped by a professional engineer licensed to practice
in New York State shall be required for any new water system extensions.
Plans shall be subject to review and approval of the Town Engineer.
Where extension is proposed by someone other than the Town Board on
behalf of the district; all cost associated with the extension, including
the cost of such review, shall be borne by the person proposing the
extension.
B.
Standard specifications and details. Extensions to the water system
shall be made in accordance with the Town of Brownville Rules and
Regulations as adopted by the Town Board. In addition, any regulations
or requirements of the Development Authority of the North Country
pursuant to their hookup protocol shall be complied with.
C.
Construction inspection required. Construction of water system extensions
shall be inspected by the Town Engineer, or, at the discretion of
the Town Board, the Superintendent. Where an extension is proposed
by someone other than the Town Board on behalf of the district, the
cost of inspections shall be borne by the person proposing the extension.
No work shall advance unless inspected to the satisfaction of the
Superintendent and the Town Board and/or the Town Engineer.
D.
Testing and certification. All water system extensions must be successfully
leak-tested in accordance with AWWA specifications, and disinfected
and tested for bacteriological contamination in accordance with AWWA
regulations prior to acceptance by the district. Written certification
by a New-York-State-licensed professional engineer attesting as such
shall be provided to the Superintendent by the person making the extension
prior to the Town Board's acceptance of the extension.
E.
Record drawings. Record drawings shall be prepared for all water
system extensions by the design engineer which shall reflect any substantive
modifications to the original plans and specifications made during
construction. A copy of said record drawings is to be supplied to
the Town prior to dedication of the line.
F.
Dedication of facilities. Upon written acceptance by the Town Board,
completed facilities for water system extensions which have been privately
constructed shall be dedicated to the district, at which time they
will become the property of the district. At the time of dedication,
the person dedicating the facilities to the town shall provide a guarantee
against defects in materials and workmanship for a period of one year.
The guarantee shall be in such form and contain such provisions as
deemed necessary by the Town Board, secured by a surety bond or such
other security as the Town Board may approve.
G.
Easements. Any extension of the water system constructed on or adjacent
to private property which property must be entered upon for the purposes
of maintaining or reconstructing said water system extension will
require easements. Any such easements will be written such that the
town and the district have the right to access for maintenance and
reconstruction of the waterlines. Easements shall extend along the
length of the waterline a minimum width of 30 feet; 15 feet on each
side of the center line of the waterline. For extensions made by someone
other than the Town Board on behalf of a district, all costs associated
with obtaining any such easements shall be born by the person making
the extension.
H.
Restoration. All surface features and landscaping shall be fully restored to at least as good a condition as existed prior to construction by the person making the water system extension. Restoration shall be included in the warrantee and covered by the bond required in Subsection F.
I.
Materials. All material equipment, meters, radio readers, etc. used
to hook up individual homes, multiple dwellings or businesses shall
be identical to those now in use throughout the district.
J.
Remedies. In the event of a conflict involving this § 159-21 with any other section of the Town of Brownville Rules & Regulations, a decision as to which section takes precedence will be determined by the Town Highway Superintendent and the Town Supervisor.
K.
Fees (due with application). All fees must be paid before municipal
water is turned on for consumer use. Fees for review under this extension
shall be set from time to time by resolution of the Town Board. The
initial fee shall be:
(1)
Plan Review by Town Engineer: $250 for each water connection.
(2)
Construction Inspection by Town Engineer: $250 for each water service
connection per site visit. Additional site visits due to incomplete
or incorrect work will result in a additional fee of $250 per visit.
(3)
Town permit/application:
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Within district: $100*
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Outside district: $150*
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*
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Initial fee covers first five lots in subdivision and $20 for
each lot in excess of five lots.
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(4)
DANC fee, if applicable.
[Adopted 7-7-2021 by L.L. No. 1-2021]
This article shall be known and may be cited as "Water Use Law
for the Town of Brownville Water District No. 2."
Construction of words. When used in this article, words in the
present tense include the future and words of one gender include all
genders. The singular number includes the plural and the plural includes
the singular. The term "shall" is intended to be mandatory. Whenever
a word or term is defined to "include" certain items or matters, such
inclusion is intended to be by way of specification and not by way
of limitation.
The Town of Brownville Supervisor or his designee.
Any structure or enclosure to which water is supplied, whether
attached to realty or not; whether occupied or vacant.
That portion of the user charge that is attributable to the
District's debt retirement.
The Town of Brownville Water District No. 2 and all properties
included therein as the same may be extended or the boundaries thereof
altered from time to time by appropriate action of the Town Board
of the Town of Brownville.
A typical single-family residential parcel.
A system under which a uniform rate is assessed and charged
for the capital costs of the Water District plus operation and maintenance
expense and short-lived assets based upon an individual parcel's
character as it relates to an EDU.
The table of equivalent dwelling units for the properties
within the District attached to this article as Exhibit B, as the
same may be amended by the Town Board from time to time.
The amount fixed by the Town Board from time to time to pay
for the actual operation and maintenance expenses of the District
and to establish a reserve fund for future operation and maintenance
expenses.
The legal owner, a tenant, occupant, under-tenant or assignee
of any real property within the District regardless of his legal status
with respect to the realty.
Tax parcel as appearing on the latest completed assessment
roll for the Town.
A parcel or building within the District regardless of whether
the same is supplied with water.
The Town of Brownville, Jefferson County, New York.
The Town Board of the Town of Brownville, Jefferson County,
New York.
The Town Board shall schedule a public hearing of all District
property owners at least once annually to review the administration,
finances and rate structure for the District. This public hearing
may take place as part of the public hearing on the Town Budget.
All correspondence, records, funds, payments, receipts, bank
checking accounts, investments and debt service management shall be
maintained as a separate and distinct entity for the District. The
Town Clerk as the records officer shall be responsible for maintenance
of all District records.
All property located within the District shall be subject to
the provisions of this article. Any property owner who owns property
within the legally defined boundaries of the District as the same
may be amended from time to time, is a member of the District. A member
may request connection to the water distribution system of the District
upon submitting a complete application and payment of the prescribed
fees. All new buildings or structures within the District that require
water service shall connect to the District's facilities.
The responsibility for all charges, fees or other financial
obligations to the District rest with the owner of property as last
recorded in the book of deeds at the office of the Jefferson County
Clerk.
A.
In order to connect to the water distribution system of the District,
a property owner must complete an application form as prescribed by
the Town Board and pay a connection fee in the amount of $100 for
residential properties, and the amount of $150 for commercial property,
payable at the time the application is submitted, together with any
applicable charges for meter installation. The District Administrator
shall have the right to refuse any application, if in his judgment,
the same is in the best interest of the District. An owner whose application
is refused by the Administrator may appeal the decision to the Town
Board. The determination of a majority of the Town Board shall be
final and conclusive.
B.
The owner is responsible for all costs of the connection to the water
distribution system.
C.
As part of the application, the owner must submit a scale drawing
showing the proposed point of connection to the water distribution
system, the proposed meter pit location and a point of connection
to the building or buildings on the premises to be served. If street
or road crossing is required, the applicant must secure a road opening
permit from the appropriate jurisdictional government (i.e., the New
York State Department of Transportation, the Jefferson County Highway
Department, the Town of Brownville Highway Department) and submit
a copy of the road opening permit with the application. The proposed
connection drawing must be approved by the Administrator.
D.
All connections to the water distribution system must be performed
by a person qualified to make a connection to a public water supply.
There shall be permanent isolation at on-site water sources from the
municipal source (i.e., separate well line, holding tanks, piping,
etc.). All are subject to the observation by the Administrator. The
applicant must submit the name of the qualified person he has retained
to make the connection. All connections to the District water lines
are to be performed only under the physical observation of the Administrator
or his designee. Prior to back filling, the Administrator or his designee
must inspect and approve the connection, pipe bedding and back filling.
E.
A curb stop is required between the corporation stop at the main
and the meter pit. A shutoff valve shall be included in the meter
pit between the meter and the building. The meter pit location shall
be coordinated with the Administrator.
F.
The Town shall have access to all property within the District to which water is supplied for the purpose of inspecting, repairing and maintaining the water lines, meters and appurtenances of the District water distribution system. Denial of access of an agent or employee of the Town to any premises shall be grounds for termination of service pursuant to § 159-32A of this article, and shall constitute a violation of this article punishable pursuant to § 159-39 of this article.
A.
Water meters shall be installed and maintained by the District. The
cost for installation and for any maintenance, repair or replacement
shall be the responsibility of the property owner. An approved water
meter must be installed and sealed prior to water service being established.
Only water meters approved by the Administrator shall be installed
within the District.
B.
Prior to establishing water service to the premises, the Administrator
shall have the water meter double sealed. It is the property owner's
responsibility to notify the Administrator immediately if a seal is
broken.
C.
It is the responsibility of the property owner to promptly notify
the Administrator of any leakage of the water meter or the connections.
The Administrator shall cause the leakage to be repaired as soon as
practicable and the cost of such repair shall be the responsibility
of the property owner.
D.
A fee of $500 shall be charged for the replacement of a seal.
A.
Water rates shall be fixed and established by the Town Board at least
annually during the annual budget process, or any time it is deemed
necessary or appropriate by the Town Board. Until a new rate is fixed
and established by the Town Board, the existing rate shall continue
in effect.
B.
All property within the District shall be billed based upon its designated EDU count as established on the table at Exhibit B as the same may be amended from time to time by action of the Town Board, plus water actually used. The water rates for a parcel shall be calculated by multiplying the parcel's EDU count from the table of equivalent dwelling units by the EDU factor plus the cost to purchase water used at the parcel from the Town of Brownville Water District #2. The amount of water used, if any, shall be based upon the reading of the parcel's water meter, as provided in § 159-31.
C.
The initial EDU factor for the District which has been established
by the Town Board and which shall remain in effect until amended by
the Town Board is attached hereto and made a part hereof as Exhibit
A.
A.
Meter reading and billing. Meters will be read on or about the last
day of December, March, June and September of each year by the Administrator's
designee. Water bills will be mailed on or about the first week of
January, April, July and October of each year, and are due on the
10th of the following month being the months of February, May, August
and November (the "due date"). Billing shall be mailed to the owner
of record.
B.
Payment of bills. All water bills are due and payable when prepared.
All bills are payable without penalty up to and including the 20th
day of the billing month. Payment must be received at the Town Clerk's
office, 16431 Star School Road, Dexter, New York 13634. Any payment
received after the 20th day of the month in which it is due shall
be assessed a penalty of 10% of the payment amount. The date of a
check or envelope post mark does not enter into the criteria of determination
of penalty for late payment. If the 20th day of the month falls on
a weekend or legal holiday and the Town Clerk's office is closed,
payment without penalty shall be extended to the next business day.
Failure to pay a water bill within the billing month shall be cause
for termination of water service. Partial payment will not be accepted.
C.
Estimated bills. Water bills shall be computed in accordance with
water meter readings. No deduction will be made for leakage. If the
water meter fails to accurately record the quantity used, it shall
be determined and the charge made based upon the quantity used in
the pre ceding billing period or in the corresponding period of the
preceding year, or upon a corrected water bill as shown by a meter
test, as the Administrator may, at his discretion, determine.
D.
Additional meter readings and billings. Any requests or requirement
for additional readings separate from the regular scheduled readings
will be performed only upon the payment of a fee in the amount of
$50.
E.
Delinquent payments. In the event that any water bills or other charges
as established in this article shall have been delinquent for a period
of at least 60 calendar days as of October 15 of any year, the Administrator
shall report the names of the delinquent owners to the Town Board,
the Town Clerk and the Town Assessor on or before October 15 of the
year. The Town is hereby directed to add the entire amount of the
water bill, and other charges which shall be in default, and penalties
and interest as provided for in this article to the real property
taxes due and owing on the subject parcel to the Town in the next
succeeding year, and the Town is directed to collect the same in the
same manner as real property taxes due and owing to the Town are collected.
A.
Water service shall be terminated for nonpayment of water bills or
for violation of this article. A service charge of $50 will be imposed
for termination of service.
B.
Owners may request that service be terminated, and a fee of $50 shall
be paid at the time of the request. Upon payment of the fee and all
other sums that may be due service shall be terminated as of the next
business day.
A.
When service has been terminated for nonpayment of water bills or
violations of this article, service will not be restored until all
bills, penalties and service charges are paid in full. This includes
an additional fee of $50 for service restoration. In addition, if
termination was for nonpayment, a deposit equal to the highest bill
of the past 12 months of service pertaining to the subject property
is required to be paid prior to restoration of service. The deposit
will be refunded only after one year of satisfactory payment of water
bills.
B.
When service has been terminated at the request of the owner, the
owner may request that service be restored. A service fee of $50 shall
be paid by the property owner to the District prior to restoration
of service.
C.
Notwithstanding anything to the contrary contained herein in the
event the property owner requests termination and/or restoration of
service in connection with seasonal use or seasonal winterization
there shall be a fee of $50 paid to the District at the time of such
request for termination or for restoration.
A.
It is the responsibility of the current property owner to notify
the Town Clerk of the impending date of transfer of property and to
request a meter reading for a final billing. The request shall be
accompanied by the payment of the $50 fee for a special reading.
B.
The Town Clerk's office shall, upon notice of the impending
property transfer and payment of the required fee, make arrangements
for reading of the meter. Upon meter reading, a final bill will be
prepared and mailed to the owner. Final bills are due and payable
at the Town Clerk's office within five days. Upon receipt of
payment, water records will be changed to reflect the new owner.
A.
The District has the responsibility of maintenance of all facilities
up to and including the meter pit.
B.
The property owner has the responsibility for maintenance of all
facilities located within the boundaries of the premises up to, but
excluding the meter pit.
C.
Under no circumstances shall the District or the Town be liable for
any damage or loss of any nature whatsoever that may arise due to
fluctuation in water pressure.
The hydrants within the District are solely for the purpose
of fire protection. Hydrants shall not be turned on except by authorized
fire departments for the sole purpose of fighting fires, or by District
maintenance personnel for maintenance, flushing, repair or testing.
All requests for water service to multidwelling units (including
trailer parks) shall be bought to the Town Board for consideration.
The Town Board shall determine whether a single meter for the parcel
or separate meter for each dwelling unit will be required. In no event
will the owner of a multiple dwelling unit purchase water from the
District and make a profit on the resale of water.
Should lower than normal pressure or other emergency situations
occur in the water distribution system, or in the event a serious
fire hazard exists, restrictions may be imposed by the Town Board
on water usage above basic health and sanitation requirements. If
water restrictions are imposed, compliance is mandatory. Failure to
comply may result in involuntary termination of water service for
violation of the provisions of this article.
A.
The opening of a hydrant by unauthorized persons or evidence that
attempts have been made to bypass the meter or in any manner obtain
water from the District without proper payment will result in prosecution
pursuant to the penal law of the State of New York.
B.
Damages to a water meter shall be at the sole cost and expense of
the property owner at the cost of $500 paid in advance of the replacement
meter. This fee shall cover the cost of replacement of the water meter
plus labor costs to install.
C.
Any violation of this article may result in the termination of water
service by the Administrator.
D.
Each violation of the provisions of this article shall for the purposes
of jurisdiction be considered a misdemeanor, and shall be punishable
by a fine not to exceed $350 or imprisonment for a period not to exceed
six months, or by both such fine and imprisonment. Nothing contained
herein shall prevent the Town Board from enforcing this article by
injunctive relief before any court of competent jurisdiction, or any
other legal manner.
The invalidity of any clause, sentence, paragraph or provisions
of this article shall not invalidate any other clause, sentence, paragraph,
provision or part thereof.
