[HISTORY: Adopted by the Board of Trustees of the Village
of Solvay as Ch. 14 of the 1975 Code. Sections 153-3 and 153-9 amended
and § 153-4 added at time of adoption of Code; see Ch. 1,
General Provisions, Art. I. Other amendments noted where applicable.]
The rules and regulations contained in this chapter shall apply
to the village and all other areas serviced by the village.
Except as otherwise may be provided herein, any person violating any of these rules and regulations shall be subject to the penalties provided in § 153-4.
Upon conviction of a violation of this chapter, the Village
Justice shall impose the penalties prescribed herein and may also
require the defendant to pay the costs of the proceedings.[2]
An offense against the provisions of this chapter shall be punishable
by a fine of not more than $250 or by imprisonment for not more than
15 days, or both.
The application of a consumer for electric service shall constitute
a contract between the consumer and the village when accepted by the
village. The contract shall automatically continue and remain in force
until canceled as provided herein and in accordance with specific
provisions of the service classifications under which service is taken.
Application for the use of electricity shall be made, in writing,
to the Board of Trustees of the village upon a form prescribed and
furnished by the village. Said application must be made and signed
by the proposed consumer or by his duly authorized agent and shall,
among other things, state the various uses or needs for such electricity.
Every application for the use of electricity, made as provided in § 153-6, shall be accompanied by a deposit from the prospective consumer of such service in the amount of $15.
A.
A consumer requiring overhead electrical service shall extend his
service wires at least 36 inches beyond the outside of the building
and to a point nearest the village line.
B.
Underground service shall be installed and paid for by the consumer
in accordance with plans and specifications of the village.
C.
All service installations shall be approved by the department.
The village shall not be responsible for the inspection of wiring and electrical installations on the premises of the applicant or consumer. A certificate of compliance, as provided in Chapter 72, Electrical Standards, shall be accepted as satisfactory evidence that all wiring and electrical installations are of proper type, properly installed and in condition for receiving service.
All changing or alteration of electric wiring requested by consumers
shall be made at their expense.
The consumer shall be responsible at all times for the proper
and safe condition of the electrical installation, including wires,
structures and equipment, and shall assume all risk of loss, damage
or injury to persons, including injury causing death or loss or property,
arising out of or in any way connected with the installation, maintenance
and operation of his electric installation upon his premises.
The village, by virtue of these provisions, does not guarantee
against variation in the voltage and frequencies as stated in the
several classifications contained herein. When a consumer requires
any particular degree of regulation, he shall furnish the necessary
equipment and maintain the same on the premises at his own expense.
Reasonable advance notice shall be given by the consumer for
any increase in electric service. This notice shall be in writing
and shall state the approximate amount of kilowatts and the expected
duration of the additional load. The village may require the consumer
to make a reasonable contribution for the expense of the additional
facilities if the consumer requires more than 100 kilowatts.
The consumer, in taking three-phase electric energy, shall maintain
as nearly as is reasonably possible equal currents in the three phases
at the point of taking. If at any time the current in any phase shall
exceed the average of the currents in the three phases by more than
5%, the amount to be paid by the consumer for the period within which
the unbalance occurred may be increased by a percentage equal to the
unbalance.
A cost charge of labor and material plus 15% shall be made to
a consumer for each and every special service requested by the consumer,
except jobbing work.
Village electric service may be refused or withdrawn when the
consumer's wiring or equipment is so designed or operated as
to interfere with the village service to other consumers.
The village, by virtue of these provisions, does not guarantee
continuous, uninterrupted service and reserves the right at any time
to temporarily cut off the supply of electricity if deemed necessary.
In case the supply of electricity should fail due to natural causes
or accidents in any way, the village shall not be liable in any event
for damage to person or property arising, occurring or resulting from
the use of electricity.
The village shall furnish and install the necessary meters to
measure the electric current used by a consumer in accordance with
the provisions of the rate classification applicable to the service.
The consumer shall furnish sufficient space and a proper service panel
for the installation of the meter.
Service classifications upon which rates and charges for electric
service shall be based are established and designated as follows:
A.
Service Classification No. 1, which shall be applicable to residential
use only.
B.
Service Classification No. 2, which shall be applicable to all uses
except those provided for in Service Classification No. 1 and Service
Classification No. 4, at the option of the company.
C.
Service Classification No. 4, which shall be applicable to all uses
not otherwise specifically provided for in other service classifications
when active demand is 75 kilovolt-amperes or more.
The municipality may require a prospective customer in Service
Classification No. 4 to make a deposit equal to his estimated bills
for two months' use of service. Interest at the rate of 4% per
annum shall be paid on such deposits and shall be credited on the
next bill for service following October 1 of each odd-numbered year.
The deposit, less any amount owing to the village for electric service,
shall be refunded when service is discontinued or may be refunded
by the village at any prior time.
Minimum charges for electrical service shall be as specified
in the individual service classifications.
The rates and charges applicable to consumers of electric energy
shall be fixed and determined or the various service classifications
in accordance with the directions of the Power Authority.
Bills for electric service shall be rendered monthly and shall
be due on or before the 15th day of the month following the reading.
Bills addressed to the consumer at the premises where service is furnished,
deposited in the United States Post Office or in any receptacle provided
and maintained by the United States Post Office, shall be deemed rendered.
In order that the village may properly guard its interests,
the consumer shall permit the village or its authorized agent, during
reasonable hours, to have access to the premises where electricity
is used for the reading, testing, removal or inspection of meters
and other apparatus and to determine compliance with the rules and
regulations herein.
A.
Generally. The village shall have the right to shut off and discontinue
the service of electricity to any premises upon the giving of a five-day
written notice to the consumer in the event that such consumer shall
fail or neglect to pay a bill within 30 days after it has been rendered
or for any violation of any of the rules and regulations herein. Electrical
service may be restored when the consumer makes a reapplication and
pays all bills and money owing to the village.
B.
Fraud. The village shall have the right at any time to discontinue
the service and to remove meters and all its equipment for fraudulent
representations in relation to the consumption of electricity on the
consumer's premises. Service will not be restored to such consumer
until the village has been paid for all damages and the cost and expense
for such fraud or misrepresentations and the expense of removal and
restoration of meters and other equipment.
No person shall meddle or interfere with any electric wire,
electric light or meter or change or alter the same for any purpose
or make any connection or disconnection therewith except by the authority
of the Superintendent of the Light Department.[1]
[1]
Editor's Note: Former Art. III, Water, of Ch. 14 of the 1975 Code, which immediately followed this section, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I. The Village of Solvay entered into a lease agreement with the Onondaga County Water Authority on December 13, 1985, for water service.
