[Adopted 2-18-1988]
A. 
All developed property units within the district shall connect to the district mains and purchase domestic water supplies from the district within one year of the date that service becomes available at the road frontage to the property, unless connection shall be waived by the Town Board or Board of District Commissioners, if there be one (see Town Law § 201). For any period during which water is available from the district at the road frontage to the property, the property owner will be charged minimum quarterly charges for each calendar year quarter or portion thereof of such availability, whether or not the property is connected to the mains.
B. 
Each residential, commercial or industrial unit on a property shall be separately metered and separately charged for water supplied by the district. The property owner or owners may direct or request that billings be directed to tenants or others, except that said owner or owners shall remain responsible to the district for payment if not made by others.
C. 
All water service connections between the mains of the district and the property curb cock, including the tapping of the water main and the installation of the curb cock, shall be made by the district or under its direction and supervision, at the expense of the property owner involved or the person or corporation requesting such service connection. Said connections, up to and including the curb cock, shall remain the property of the district.
D. 
Any and all repairs of the service line between the district mains, up to and including the curb cock, are to be made by the district or under its direction and supervision, at the expense of the district.
E. 
The service charges for water service connections and repairs, set forth in Subdivisions A and B above, shall be paid by the property owner or the person or corporation requesting such service connection or repairs within 30 days after being billed therefor by the Town Clerk or the Clerk of the Water District or other authorized agent. If not so paid, a statement thereof showing the name of the property owner and the amount unpaid and containing a brief description of the real property shall be transmitted to the Board of Supervisors of the County, and such amount shall be levied and collected as an assessment against the real property, all in the manner provided in § 240-16B hereinbelow in the case of unpaid water rentals.
No water service lines shall be connected to any property curb cock to run therefrom to any buildings on the property without first obtaining a permit therefor from the Town Clerk, the Clerk of the Water District or other authorized agent of the district.
A. 
Water service lines between the curb cock and the meter shall be constructed of Type K copper tubing or one-inch plastic tubing. If one-inch plastic tubing is used, said tubing quality must conform to the standards set by the Monroe County Water Authority, as such standards may be promulgated or amended from time to time. Before any waterline trench containing the service line for the property shall be backfilled, the service line shall be inspected and approved by the Superintendent of the district or other authorized official. In the event that such inspection is not had and approval given, the water meter for the property must be installed at the curb cock, and such curb cock installation must be accompanied by installation of a meter pit at the curb cock of sufficient size to permit the installation of a water meter, such pit to be approved as to size and sufficiency by the Superintendent of the district. Such meter pit shall be installed and maintained at the sole expense of the property owner.
B. 
Water service lines from the property curb cock to the meter or the residence shall be the property of the property owner, who shall bear the responsibility and expense of maintenance and repairs.
A. 
The property owner or the person, firm or corporation requesting a permit to install a water service must cause to be installed, within 30 days after the granting of the permit, a water meter which shall be and remain property of the district or the Town Clerk or other authorized agent of the district. The property owner or the person, firm or corporation requesting installation of the water meter shall pay therefor, at the time of delivery, the cost of such installation to the district, which installation shall be made by the district or its authorized agent. The district may charge the property owner or the person, firm or corporation, in addition to cost of installation, such other and further charge, not to exceed the total cost of said meter to the district, as it may determine to be proper.
B. 
The property owner or person, firm or corporation purchasing such meter shall provide for its installation a suitable location or housing of sufficient size and so located that the same may be easily installed and readily accessible for reading and repairs. The location selected by the property owner or the person, firm or corporation requesting such meter installation must be approved by the Superintendent of the district.
C. 
The cost of checking, repairing and maintaining the meter shall be at the expense of the district, and such checking and repairs shall be made only under the supervision of the Superintendent of the district or other authorized official.
Any member of the Town Board or of the Board of District Commissioners, if there be one, or a duly authorized agent of either may at any time enter a building or upon premises where a waterline is installed from supply pipes connected to the district's system for the purpose of examining such waterlines and water meters and the manner of installation thereof and for compliance generally with these rules and regulations. Such inspections shall, except in emergency or other unusual situations, be conducted during the hours of 9:00 a.m. and 5:00 p.m., excluding Sunday.
[Amended 6-6-1996]
A. 
Water rates.
(1) 
Water rates shall be established for the district by the Town Board or the Board of Water District Commissioners, if such Board shall then exist. The Board shall be authorized to change said water rates, as said Board shall see fit from time to time, upon publication and conduct of a public hearing to consider the matter and upon the passage of a resolution to change such rate.[1]
[1]
Editor's Note: Former Rule VI, Section A, Establishing water rates, which followed this section, was repealed 11-6-1997 by L.L. No. 3-1997.
(2) 
Water rates may be established and based upon a minimum quarterly or annual base fee and/or a usage fee, as the Board sees fit.
(3) 
The rate and the current method of calculating such rate or the cost of such water and water services shall be posted in the Town Hall at all times.
B. 
The water rates may be modified as needed to meet the economic needs of the district by a majority vote of the Town Board or the Board of District Commissioners, if there be one.
C. 
Unpaid water charges in arrears for 30 days or more shall be subject to a penalty not exceeding 10% of the amount due.
If the water charges as provided by § 240-14 above or as hereinafter modified are not paid within 60 days from the date due, the supply of water to the property is to be cut off at the district main, at the expense of the property owner and if all such charges then due are not paid prior to the first day of November following the same, are to be levied and collected as an assessment against the real property in the same manner as provided below by § 240-16B for other water and service charges. In the event that the water supply is cut off, as herein provided, the same may not be reinstalled until all charges for water, service connections or disconnections are paid in full. The property owner shall be charged by the district for resumption of service. Charges for cutoff and resumption of service shall be fixed from time to time by the Town Board or Board of District Commissioners, if there be one.
A. 
The water charges or rates as fixed by § 240-14, above or as hereafter modified shall be a lien upon the property upon which or in connection with which water is used or a water service line is installed.
B. 
The Town Clerk, annually, not later than November 1 in each year, shall file with the Town Board statements showing the unpaid water charges and which have not appeared on any statement previously filed. Such statement shall contain a brief description of the property upon which the water was used, the names of the persons or corporations liable to pay for the same and the amount chargeable to each. The Supervisor of the Town shall transmit such statements to the Board of Supervisors of the County at its next regular meeting. The Board of Supervisors shall levy such sums against the property liable and shall state the amount of the tax in a separate column in the annual tax rolls of the Town, under the name of "water rent," such tax to be paid to the Supervisor.
Pursuant to Town Law § 198(3)(b), the Town Board or the Board of District Commissioners, if there be one, may enter into an agreement or agreements to provide water to properties outside of the district, said agreement or agreements to be in substantially the form appended hereto and at rates fixed by said Town Board or the Board of District Commissioners, but said rates shall not be lower than those charged to customers within the district or district as extended.[1]
[1]
Editor's Note: Said agreement form is on file in the Town offices.
All provisions of the existing laws of the State of New York covering enforcement and collection of unpaid taxes or assessments for special improvements shall apply to the collection of unpaid water service charges, connections and disconnections and water rents.
[Amended 11-6-1997 by L.L. No. 3-1997]
Unlawful use of water by failure to install a meter provided by and purchased from the district or circumventing or tampering with the same, in addition to the minimum charge provided for unmetered property, is hereby declared to be a misdemeanor, in conformity with the provisions of the Penal Law and Criminal Procedure Law of the State of New York applicable to such unlawful uses, punishable, upon conviction, by a fine of not more than $1,000 or imprisonment not to exceed one year, or both, in accordance therewith.
A. 
No hydrant shall be used without the securing of a hydrant use permit for any purpose other than the extinguishing of fires, periodic tests of the fire-protection system or periodic drills by legally constituted fire companies. The district shall be notified in advance of the time of all tests and drills so that, if desired, the district may have a representative present. Such notification may be given, in writing or by telephone, to the principal office and place of business of the district.
B. 
Proper fire officials shall notify the district within 24 hours after the use of a district hydrant for public fire protection in order that the district may inspect the hydrant and determine whether it has been returned to its proper operating condition. Similar reports shall be made of any unauthorized hydrant use observed by or reported to public officials.
The Town and the district shall not be liable to any person, firm or corporation for anything whatsoever because of the failure of the water supply to the district or the quality of said water, which is furnished by the City of Rochester to such district.
[Added 4-3-2003]
A. 
When required for the purpose of construction or repair work, either for or on behalf of the Water District or in order to facilitate private construction, the Water District shall have the right to temporarily discontinue water delivery or service to a property, and to maintain the service discontinuance for as long as may be reasonably necessary for such repairs or construction to be completed. In the event that private construction shall necessitate the temporary disruption of water service or water delivery to a property, the Town Highway Superintendent shall have the exclusive discretion to determine whether temporary service discontinuance for the benefit of private construction is justified, and the maximum duration of such temporary service discontinuation. If a temporary water service discontinuation shall occur, no person or party shall be authorized to demand a deduction from regular water bill or service bill rates, and there shall be no deduction or damages authorized except by majority action of the Town Board or Board of Water Commissioners, if such body exists at that period.
B. 
Unauthorized connection or disconnection.
(1) 
Except for water hydrants in the event of fire, no person or party shall be authorized to turn on or off the water service on any water main or service pipe or hydrant, at or to any property within the Water District other than an employee of the Town of Lima or a person directly and expressly authorized in writing to do so by the Town Highway Superintendent.
(2) 
In the event any party disconnects water service without the official permission of the Town of Lima or the Water District, such action shall be a violation of this Code, and said party shall be subject to a penalty or surcharge upon reconnection of such water service by the Town of Lima as such penalty or surcharge shall be determined by the Town Board, from time to time, for such violation. In addition, the disconnection of water service without prior permission by such authorized party shall subject the violator to the penalty provisions set forth in this article for unlawful use of water by failure to install a meter.
C. 
In the event a person or party requests a temporary discontinuation of water service for a specific term for reasons of absence from the property or cessation of need for water service, such party shall be liable to pay a fee for disconnection of the water service, and also shall be liable to pay a fee for reconnection of the water service, which said fee(s) shall be determined by the Town Board, from time to time, for such service. Additionally, such voluntary disconnection shall in no way affect the water district owner's responsibility to pay the quarterly fee attributable to water district debt service.
[Added 7-6-1989]
A. 
All developed property units within the district shall connect to the district mains and purchase domestic water supplies from the district within one year of the date that service becomes available at the road frontage to the property, unless connection shall be waived by the Town Board or Board of District Commissioners, if there be one. (See Town Law § 201.) For any period during which water is available from the district at the road frontage to the property, the property owner will be charged minimum quarterly charges for each calendar year quarter or portion thereof of such availability, whether or not the property is connected to the mains.
B. 
Each residential, commercial or industrial unit on a property shall be separately metered and separately charged for water supplied by the district, unless another method of metering and charging shall have been agreed to between the property owner and the Town Board or Board of District Commissioners, if there be one. The property owner or owners may direct or request that billings be directed to tenants or others, except that said owner or owners shall remain responsible to the district for payment if not made by others. For purposes of these rules and regulations, the word "unit" shall mean each separate residence, apartment or mobile home or each separate commercial or industrial entity occupying space having a separate lavatory, kitchen, sprinkler or other services requiring the use of domestic water.
C. 
All water service connections between the mains of the district and the property curb cock, including the tapping of the water main and the installation of the curb cock, shall be made by the district or under its direction and supervision, at the expense of the property owner involved or the person or corporation requesting such service connection. Said connections, up to and including the curb cock, shall remain the property of the district.
D. 
Any and all repairs of the service line between the district mains, up to and including the curb cock, are to be made by the district or under its direction and supervision, at the expense of the district.
E. 
The service charges for water service connections and repairs, set forth in Subdivisions A and B above, shall be paid by the property owner or the person or corporation requesting such service connection or repairs within 30 days after being billed therefor by the Town Clerk or the Clerk of the Water District or other authorized agent. If not so paid, a statement thereof showing the name of the property owner and the amount unpaid and containing a brief description of the real property shall be transmitted to the Board of Supervisors of the County, and such amount shall be levied and collected as an assessment against the real property, all in the manner provided in § 240-30B hereinbelow in the case of unpaid water rentals.
No water service lines shall be connected to any property curb cock to run therefrom to any buildings on the property without first obtaining a permit therefor from the Town Clerk, the Clerk of the Water District or other authorized agent of the district.
[Amended 7-6-1989]
A. 
Water service lines between the curb cock and the meter shall be constructed of Type K copper tubing or one-inch plastic tubing. If one-inch plastic tubing is used, said tubing quality must conform to the standards set by the Monroe County Water Authority, as such standards may be promulgated or amended from time to time. Before any waterline trench containing the service line for the property shall be backfilled, the service line shall be inspected and approved by the Superintendent of the district or other authorized official. In the event that such inspection is not had and approval given, the water meter for the property must be installed at the curb cock and such curb cock installation must be accompanied by installation of a meter pit at the curb cock of sufficient size to permit the installation of a water meter, such pit to be approved as to size and sufficiency by the Superintendent of the district. Such meter pit shall be installed and maintained at the sole expense of the property owner.
B. 
Water service lines from the property curb cock to the meter or the residence shall be the property of the property owner, who shall bear the responsibility and expense of maintenance and repairs.
A. 
As of June 1, 1991, current specifications for plastic pipe that may be used in lieu of copper pipe are as follows:
(1) 
Specifications for one-inch plastic water service tubing shall be made from virgin, ultra-high molecular weight polyethylene resin meeting the requirements of Type III, Grade P33, which also meets the requirements of P34, Class C material as described in AWWA specifications C901-78 latest revision, ASTM D-1248 latest revision. Flow rate measured by extrusion rheometer shall not exceed 0.25 gms/10 min., as determined at a test temperature of 590° F. (310° C.) using a plunger load of 27.5 pounds, according to the procedure outlined in ASTM D-1238 latest revision. Plastic tubing shall be rated for 160 pounds per square inch working pressure at 73.40° F. for water as specified in ASTM material specification PE 3306 and shall be as manufactured by U.S. Pipe, tyte tube form or approved equal.
(2) 
All plastic services require a tracing wire between the corporation and the curb stop: #10 solid copper wire with underground plastic coating.
Manufacturer
Plastic Tubing Accepted
Carlon Products Corp.
Hi-Mol 160
Olin Evanite Plastics
Triangle Aycee
Celenase Plastic Co. (Yardley Division)
U.S. Pipe
Tyte Tube
Cresline
Imperial AC-CTS
Plastic Pipe Co., Inc.
Phillips Products Co., Inc.
Driscopipe 5100 Ultraline
Orangeburg Mfg. Co. (Division of Flintkote)
SP
Certainteed Products Corp.
Endot
Ultra
Oil Creek Plastics
Pyramid Plastic
B. 
Said specifications may be changed, modified or altered, from time to time, pursuant to industry usage at the sole and exclusive discretion of the Town Engineer and Board of Water Commissions without further requirement to amend this Part 2.
A. 
The property owner or the person, firm or corporation requesting a permit to install a water service must cause to be installed, within 30 days after the granting of the permit, a water meter which shall be and remain property of the district or the Town Clerk or other authorized agent of the district. The property owner or the person, firm or corporation requesting installation of the water meter shall pay therefor, at the time of delivery, the cost of such installation to the district, which installation shall be made by the district or its authorized agent. The district may charge the property owner or the person, firm or corporation, in addition to cost of installation, such other and further charge, not to exceed the total cost of said meter to the district, as it may determine to be proper.
B. 
The property owner or person firm or corporation purchasing such meter shall provide for its installation a suitable location or housing of sufficient size and so located that the same may be easily installed and readily accessible for reading and repairs. The location selected by the property owner or the person, firm or corporation requesting such meter installation must be approved by the Superintendent of the district.
C. 
The cost of checking, repairing and maintaining the meter shall be at the expense of the district, and such checking and repairs shall be made only under the supervision of the Superintendent of the district or other authorized official.
Any member of the Town Board or of the Board of District Commissioners, if there be one, or a duly authorized agent of either may at any time enter a building or upon premises where a waterline is installed from supply pipes connected to the district's system for the purpose of examining such waterlines and water meters and the manner of installation thereof and for compliance generally with this Part 2. Such inspections shall, except in emergency or other unusual situations, be conducted during the hours of 9:00 a.m. and 5:00 p.m., excluding Sunday.
[Amended 6-6-1996]
A. 
Water rates.
(1) 
Water rates shall be established for the district by the Town Board or the Board of Water District Commissioners, if such Board shall then exist, the Board shall be authorized to change said water rates, as said Board shall see fit from time to time, upon publication and conduct of a public hearing to consider the matter and upon the passage of a resolution to change such rate.
(2) 
Water rates may be established and based upon a minimum quarterly or annual base fee and/or a usage fee, as the Board sees fit.
(3) 
The rate and the current method of calculating such rate or the cost of such water and water services shall be posted in the Town Hall at all times.
B. 
The water rates set forth in Subsection A above may be modified as needed to meet the economic needs of the district by a majority vote of the Town Board or the Board of District Commissioners, if there be one.
C. 
Unpaid water charges in arrears for 30 days or more shall be subject to a penalty not exceeding 10% of the amount due.
If the water charges as provided by § 240-28 above or as hereinafter modified are not paid within 60 days from the date due, the supply of water to the property is to be cut off at the district main, at the expense of the property owner, and if all such charges then due are not paid prior to the first day of November following, the same are to be levied and collected as an assessment against the real property in the same manner as provided below by § 240-30B for other water and service charges. In the event that the water supply is cut off, as herein provided, the same may not be reinstalled until all charges for water, service connections or disconnections are paid in full. The property owner shall be charged by the district for resumption of service. Charges for cut off and resumption of service shall be fixed from time to time by the Town Board or Board of District Commissioners, if there be one.
A. 
The water charges or rates as fixed by § 240-28, above, or as hereafter modified shall be a lien upon the property upon which or in connection with which water is used or a water service line is installed.
B. 
The Town Clerk, annually, not later than November 1 in each year, shall file with the Town Board statements showing the unpaid water charges and which have not appeared on any statement previously filed. Such statement shall contain a brief description of the property upon which the water was used, the names of the persons or corporations liable to pay for the same and the amount chargeable to each. The Supervisor of the Town shall transmit such statements to the Board of Supervisors of the County at its next regular meeting. The Board of Supervisors shall levy such sums against the property liable and shall state the amount of the tax in a separate column in the annual tax rolls of the Town, under the name of "water rent," such tax to be paid to the Supervisor.
Pursuant to Town Law § 198(3)(b), the Town Board or the Board of District Commissioners, if there be one, may enter into an agreement or agreements to provide water to properties outside of the district, said agreement or agreements to provide water to properties outside of the district, said agreement or agreements to be in substantially the form appended hereto and at rates fixed by said Town Board or the Board of District Commissioners, but said rates shall not be lower than those charged to customers within the district or district as extended.[1]
[1]
Editor's Note: Said agreement form is on file in the Town offices.
All provisions of the existing laws of the State of New York covering enforcement and collection of unpaid taxes or assessments for special improvements shall apply to the collection of unpaid water service charges, connections and disconnections and water rents.
[Amended 11-6-1997 by L.L. No. 3-1997]
Unlawful use of water by failure to install a meter provided by and purchased from the district or circumventing or tampering with the same, in addition to the minimum charge provided for unmetered property, is hereby declared to be a misdemeanor in conformity with the provisions of the Penal Law and Criminal Procedure Law of the State of New York applicable to such unlawful uses, punishable, upon conviction, by a fine of not more than $1,000 or imprisonment not to exceed one year, or both, in accordance therewith.
A. 
No hydrant shall be used without the securing of a hydrant use permit for any purpose other than the extinguishing of fires, periodic tests of the fire-protection system or periodic drills by legally constituted fire companies. The district shall be notified in advance of the time of all tests and drills so that, if desired, the district may have a representative present. Such notification may be given, in writing or by telephone, to the principal office and place of business of the district.
B. 
Proper fire officials shall notify the district within 24 hours after the use of a district hydrant for public fire protection in order that the district may inspect the hydrant and determine whether it has been returned to its proper operating condition. Similar reports shall be made of any unauthorized hydrant use observed by or reported to public officials.
The Town and the district shall not be liable to any person, firm or corporation for anything whatsoever because of the failure of the water supply to the district or the quality of said water, which is furnished by the City of Rochester to such district.
[Added 4-3-2003]
A. 
When required for the purpose of construction or repair work, either for or on behalf of the Water District or in order to facilitate private construction, the Water District shall have the right to temporarily discontinue water delivery or service to a property, and to maintain the service discontinuance for as long as may be reasonably necessary for such repairs or construction to be completed. In the event that private construction shall necessitate the temporary disruption of water service or water delivery to a property, the Town Highway Superintendent shall have the exclusive discretion to determine whether temporary service discontinuance for the benefit of private construction is justified, and the maximum duration of such temporary service discontinuation. If a temporary water service discontinuation shall occur, no person or party shall be authorized to demand a deduction from regular water bill or service bill rates, and there shall be no deduction or damages authorized except by majority action of the Town Board or Board of Water Commissioners, if such body exists at that period.
B. 
Unauthorized connection or disconnection.
(1) 
Except for water hydrants in the event of fire, no person or party shall be authorized to turn on or off the water service on any water main or service pipe or hydrant, at or to any property within the Water District other than an employee of the Town of Lima or a person directly and expressly authorized in writing to do so by the Town Highway Superintendent.
(2) 
In the event any party disconnects water service without the official permission of the Town of Lima or the Water District, such action shall be a violation of this Code, and said party shall be subject to a penalty or surcharge upon reconnection of such water service by the Town of Lima as such penalty or surcharge shall be determined by the Town Board, from time to time, for such violation. In addition, the disconnection of water service without prior permission by such authorized party shall subject the violator to the penalty provisions set forth in this article for unlawful use of water by failure to install a meter.
C. 
In the event a person or party requests a temporary discontinuation of water service for a specific term for reasons of absence from the property or cessation of need for water service, such party shall be liable to pay a fee for disconnection of the water service, and also shall be liable to pay a fee for reconnection of the water service, which said fee(s) shall be determined by the Town Board, from time to time, for such service. Additionally, such voluntary disconnection shall in no way affect the water district owner's responsibility to pay the quarterly fee attributable to water district debt service.