Chapter 85: Water, Department of

§ 85-1 Water works.

It shall be the duty of the Commissioner of Public Works to see that the City has an abundant supply of pure and wholesome water for public and private use and also, in consultation with the Board of Managers, to furnish and place such number of street hydrants for supplying water for use for the extinguishment of fires as he/she shall deem necessary; to devise plans and sources of water supply; to man and supervise the construction, maintenance and inspection of the water system and the distribution of water throughout the City; to protect it from contamination; and to prescribe rules and regulations for its use which, when ratified and approved by the Common Council, shall have the same force and effect as City ordinances. He/she shall have the power, in consultation with the Board of Managers, to establish rates of rents to be charged and paid quarterly for the supply of water or for the benefits resulting therefrom, to be called "water rents." Said Commissioner of Public Works and his/her subordinates shall be authorized at all times to enter into any building or place where water is used from supply pipes to examine as to the quantity of water used and the manner of using it. Said entry onto any private property must be upon reasonable notice and consent of the owner, unless there are emergency circumstances or unless an administrative search warrant is obtained.

Said Commissioner of Public Works and his/her subordinates and all persons acting under his/her authority shall have the right to use the ground or soil of any street, highway or road, lanes or alleys within the City of Cohoes or the Town of Colonie for the purpose of introducing water into and through any portion of the City of Cohoes on the condition that he/she shall cause the street, highway or road, lanes or alleys to be relaid and restored to its or their usual condition and all damage thereto to be repaired, and where the consent of abutting or adjoining owners is requisite, the same shall be first had and obtained or their damages ascertained as herein prescribed. In all cases where said Commissioner shall be unable to agree with the persons owning or having an interest in any lands, tenements or hereditaments required for the purposes of this chapter the City may proceed to acquire the same by condemnation.

§ 85-2 Water meters.

Said Commissioner of Public Works shall have power, in consultation with the Board of Managers, to install water meters in all buildings and such other place or places as shall consume any water. The cost of installing said water meters shall be a general City charge and be included in the annual tax budget, except as hereinafter provided or except as provided in Chapter 280 of the City Code. Said Commissioner shall have the power and it shall be his/her duty to place water meters on all main pipes and on all residential, commercial, or industrial buildings or properties and other consumers of water. If more than one main or service pipe is used, attached or leading into any consumer of water, then all such service pipes shall have such water meters attached thereon, and it shall be the duty of said Commissioner to attach or cause the same to be put thereon at such place or places as he/she shall deem proper. Where there is more than one main or service pipe used by any consumer of water, the cost of the water meters and attaching the same shall be paid entirely by the owners of such property or said other consumer of water, and should said cost of installation remain unpaid, same shall be billed in the same manner as water rents and be a lien against the property in the same manner and with the same force and effect as water rents. In all other respects, the procedures, requirements, duties and liabilities associated with water meters are fully set forth in Chapter 280 of the Code of the City of Cohoes, and the Commissioner shall comply with the provisions thereof when exercising his/her authority under this section.

§ 85-3 Permits.

All connecting supply pipes for buildings or other places supplied with water shall be laid at the expense of the owner or occupant of such property, except as provided elsewhere in this Code or the City Charter or by law, under the supervision and direction of the Commissioner, and no main or distributing pipe shall be tapped until the permit therefor is obtained from said Commissioner and the payment to the City of a fee, the amount of which shall be determined by the Board of Managers, unless set forth in the City Code, which permit shall express the purpose for which such water may be used and shall have printed thereon the rules and regulations for the use of water. Any cases of violation of rules may be punishable by cutting off the use and supply of water from said premises upon reasonable notice and an opportunity for the owner or occupant to be heard. The same regulations and restrictions shall apply to the use of water under existing permits as well as those which shall be granted under this section.

§ 85-4 Collection of water rents.

All water rents shall be collected from the owners of the lots and buildings which shall be situated upon any street, avenue or highway on which the distributing pipes are now or may hereafter be laid and which said lots and buildings are using water, and said water rents shall be, like state, county and City taxes, a lien and charge upon such buildings and lots as hereinafter provided. The procedures, requirements, duties and liabilities associated with water usage and billing are fully set forth in Chapter 280 of the Code of the City of Cohoes, and the Commissioner of Public Works and the Treasurer shall comply with the provisions thereof when exercising their authority under this section.

§ 85-5 Cost of public use of water.

The Commissioner of Public Works shall have power and it shall be his/her duty to charge the City at large a reasonable amount per annum for use of water in the public buildings of the City, the extinguishment of fires, the sprinkling of streets and other public use, the amount of such charge to be fixed by the Board of Managers and included in the annual tax budget. Such amount shall be entered by him/her on his/her list or roll of water rents charged against the City in the same manner as other charges against other consumers of water, and the amount of such charge shall be credited by the Comptroller and Treasurer to the water fund of the City.