[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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
Testing of meters.
(1)Â
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.
(2)Â
A meter will be considered accurate if it registers
within 2% of the actual water rate.
(3)Â
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.
F.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.Â
A penalty of $50 shall be imposed when a water meter
or related equipment is damaged by the negligence of a property owner.
B.Â
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.
