The schedule of charges and rates for water service, and other
fees and charges established by this chapter shall be adopted annually
or at any other time as determined by resolution of the Town Board,
except that, if no action is taken by the Board, the most recently
adopted schedules shall continue in effect.
All water supplied shall be charged for on the basis of the
amount registered on the meter or meters installed on the consumer's
premises, with a minimum charge as established by the Town Board.
Where two or more meters supply the same premises and consumer, the
consumer, in addition to the fixed charges for all meters, shall be
billed at the schedule of rates for a quantity of water equal to the
sum of the readings on all meters on the premises.
An application for service must be accepted and a meter installed
by the Town Water Department in a suitable location before water can
be provided for construction at any property. [Note: the Water Department
is not liable for frozen meters or services. This is the sole responsibility
of the owner and/or contractor.]
The Water Department, with the approval of the Town Board, shall
determine the charges and rates in special cases to cover unusual
conditions or types of service not contemplated in these rules and
regulations or in the rates and charges set by the Town Board for
regular service. No consumer will be allowed to supply water to other
persons or premises, and no owner or occupant shall use water from
another premises, unless specific permission has been obtained in
each case from the Water Department. The Department has the right
to require, during a temporary period of emergency, that a consumer
allow it to connect an adjacent premises to such consumer's piping,
but in such case allowance shall be made for any excess water registered
on his meter.
[Amended 6-14-2012 by L.L. No. 2-2012]
A.
Checks
for payments of water bills and water charges shall be made payable
to the Town Water Department. Meters will be read and bills rendered
at regular quarterly intervals for all meters. Bills for the previous
quarter shall be due and payable at the Town Clerk’s office.
B.
Quarterly
bills that remain unpaid for a period of 30 days after it becomes
due shall be subject to a penalty. Water supply may be shut off if
such water charges are not paid in full within 60 days from the due
date. Charges for penalties, discontinuation and/or restoration of
service shall be fixed from time to time by resolution of the Town
Board.
The Water Department, upon the written request of a property
owner, will mail the water bills to the tenant or lessee using the
water, but the owner shall remain responsible for all charges provided
for in this article, together with any penalties.
The Town Board may enter into a contract or contracts for the
sale of water to users not within the Colden Water Districts. Rates
for such use shall be specified in each such contract, provided that
such rates shall not be less than the rates established for users
within the districts. In fixing such rates, the Board may consider
whether any such applicant is assessed by the Colden Water Districts
as a property owner within said districts. Any contract for such service
outside the districts shall require the party requesting such service
to comply with the provisions of this chapter.
A.
All water rents, penalties and interest thereon, and all charges
for tapping, connection and disconnecting, and any other charges provided
by this chapter shall be a lien on the real property upon which the
water is used, and such lien shall be prior to every other lien or
claim except the lien of an existing tax.
B.
On or before the first day of November in any year, the Town Board
will authorize the Town Clerk to file with the Board a statement showing
the unpaid water charges in the Town. The statement shall reference
a brief description of the property upon which the water was used,
the names of the persons or corporation liable to pay the same, and
the amount chargeable to each. The Supervisor shall then transmit
such statement to the Erie County Legislature at its next regular
meeting. The county shall then levy such items in a separate column
in the annual tax roll of the property.
[Amended 6-14-2012 by L.L. No. 2-2012]
C.
Notwithstanding any other provision of this article or of the Town
Law, the Colden Water Department may, when a user terminates use of
water service and requests refund of a meter deposit, deduct from
said deposit any balance due the Water Department for water use. The
Water Department shall first send such user a voucher itemizing the
deposit, the water charge and the balance due the user, if any. If
the user does not return said voucher within 10 days with his signature
affixed, the Water Department may proceed to offset the meter deposit
against the amount due, as above, and remit the balance, if any, to
the user.
