It is the intention of the Board of Water Commissioners of the Village of Otego by the adoption of this chapter to assure that homeowners and contractors comply with the requirements of 16 NYCRR 753, Underground Facilities Protective Organization (UFPO), commonly known as Dig Safely New York, prior to any excavation taking place in the Village of Otego, and to impose liability upon those that disrupt or damage the Village's underground service lines or water main.
[HISTORY: Adopted by the Board of Water Commissioners of the Village of Otego as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-14-2009 by L.L. No. 6-2009]
This chapter is enacted pursuant to the authority conferred by Article 2, § 10 of the Municipal Home Rule Law and Article 11, § 11-1116, of the Village Law.
As used in this chapter, the following terms shall have the meanings indicated:
Any operation for the purpose of movement or removal of earth, rock, pavement or other materials in or on the ground by use of mechanized equipment or by blasting, including but not limited to, digging, auguring, backfilling, boring, drilling, grading, plowing in, pulling in, fence post or pile driving, tree root removal, saw cutting, jackhammering, trenching and tunneling; provided, however, that the following shall not be deemed excavation:
A.
Prior to performing excavation work in the Village of Otego, any property owner, tenant, occupant, person/entity or contractor must first contact UFPO, in order to have the locations of all underground utilities, service lines and/or water mains marked. Once the underground utilities, service lines and/or water mains have been marked, excavation may begin. The telephone number and other contact information for UFPO can be obtained by contacting the Village Code Enforcement Officer.
B.
If any homeowner, tenant, occupant, person/entity or contractor damages a water line/main, he/she or they must immediately contact the Village of Otego Department of Public Works. The Village of Otego Department of Public Works shall perform all repairs at the homeowner's, person's or contractor's expense.
C.
If a damaged water main has a tap for service that must be replaced in the course of repair, there shall be a $400 tapping fee charged to the party responsible for the damage to the water main.
In the event that the property owner, tenant, occupant, person/entity or contractor fails to pay for the repair expenses or tapping fee, the Village may, in addition to any other lawful remedy, collect the repair costs and/or tapping fee in the manner provided for by the provisions of the Village Law § 5-518 relating to the collection of general Village taxes, including the levy, correction, enforcement and collection in the same manner and in the same proceedings at the same time, under the same penalties, and having the same lien upon the property so charged as such tax and as a part thereof.