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Village of Millerton, NY
Dutchess County
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[Adopted 6-21-2004 by L.L. No. 5-2004]
The lack of water meters upon premises serviced by the Village of Millerton water systems has resulted in the inability of the Village of Millerton to charge water users according to volume of water used, thereby rendering the present system of water charges inequitable. The lack of water meters may also have encouraged some water users to waste water, such as by not making routine plumbing repairs and by not shutting off taps. It is hereby declared the policy of the Village of Millerton to provide an equitable system of charging for water and to discourage the waste of water by users.
As used in this Part 2, the following terms shall have the meanings indicated:
The Village Building Inspector or his deputy.
Any person, firm, corporation or other entity.
The Village of Millerton.
The Village Board of Trustees.
The Village Water Department.
The Village Water District.
The water meter with all appurtenances necessary for proper installation and functioning, including remote reading heads.
Except for fire hydrants, any water supplied by the Village shall be measured by a water meter which shall be installed upon the premises wherein the water is consumed within the Village at the expense of the owner of the premises.
Barring exceptional circumstances, only one meter shall be installed in any service main. If more than one meter is desired by the owner or required for a building or premises, a separate service main must be run to the street main for each and every additional meter. When exceptional circumstances warrant deviation from this rule, a special permit may be issued therefor by the Village Board, with said permit being revocable at the discretion of the Village Board.
All water meters of diameter size of 5/8 or less shall be procured from the Village and shall be the property of the Water Department. Larger meters shall be provided by and at the expense of the owner of the premises requiring the meter and shall be the size and type acceptable to the Water Department.
All meters, cables, remote-reading heads and all other equipment accessory to the meters shall be under the exclusive control of the Water Department and subject to inspection at all times by the Village.
Testing of meters.
Any meter may be tested for accuracy at the discretion of the Village or at the request of the owner, provided that if a meter is found to be accurate the owner making the request shall bear the expense of the test.
A meter will be considered accurate if it registers within 2% of the actual water rate.
Water meters diameter size of 5/8 inch or less shall be repaired or replaced by the Village. Water meters which exceed five-eighths-inch diameter shall be repaired or replaced by the owner at the owner's expense within 45 days of receiving written notice of a defect from the Village.
All meters shall be sealed. Said seal may only be broken by the authorized agent of the Village Board. Should the seal be broken in any manner, the property owner shall be held responsible, with the Village Board reserving the right to order the meter removed for testing at the expense of the property owner.
All water meters required under this Part 2 shall be installed under the direction of the Water Department or its duly authorized agent or contractor. All owners or other persons having any interest in the title to property, businesses, residences, or other establishments which are receiving water service with the Water District shall be required to cooperate with the Water Department in arranging for said installation.
The cost of the said meter(s) and of the installation of the said meter(s) shall be paid by the owner(s) of the property, business, residence or other type of establishment receiving the water service within the Water District, pursuant to billing procedures established by the Water Department.
Following the adoption of this local law, the Water Department shall notify in writing, by certified mail, return receipt requested, property owners, businesses or entities which are known from the records of the Water Department not to have metered service and advise said entities of the date when the water meter(s) will be installed. Said notice shall also advise that extensions of time may be possible and that further information may be obtained by contacting the Water Department.
The Village may extend the time period for installation for an additional 30 days upon the demonstration of exceptional circumstances by the property owner or other affected person. In order to receive an extension, the owner or other person interested in the property must prove practical difficulties. The extension of time provided by the Village Board shall be no longer than the minimum period needed to alleviate the specific hardship.
A penalty of $50 shall be imposed when a water meter or related equipment is damaged by the negligence of a property owner.
Any person convicted of knowingly and willfully refusing to permit the installation of a water meter, or of knowingly and willfully damaging a water meter or related equipment, shall be punished as follows: a first conviction shall constitute an offense punishable by a fine of not more than $100; a second conviction by a fine of not more than $150; and a third and all subsequent convictions by a fine of not more than $250, or 10 days in jail, or both. Each day a violation shall continue or be permitted to continue shall constitute a separate offense.
Neither the Village nor any of its officers or agents, nor the Water District, shall be responsible to owners, consumers, or any other person, for any damages which result from or are caused by an interruption in service, even when no notice is given, and no deduction from water bills shall be in consequence thereof. No claim shall be made against the Village or Water District for any damage arising from the bursting or breaking of any street main or service pipe, or any fixture or attachment thereto wherever situate, or from the failure or diminution of the water supply, whatever the cause thereof.