[HISTORY: Adopted by the Town Board of the Town of Huntington 7-6-2010 by L.L. No.
10-2010. Amendments noted where applicable.]
It is the intention of the Huntington Town Board to set forth
as a part of the Huntington Town Code, the Ordinances of the Dix Hills
Water District, established pursuant to law by the Dix Hills Water
District, a municipal water district, created and administered by
the Town Board of the Town of Huntington, Suffolk County, New York.
Said ordinances are considered a part of the contracts with persons,
corporations or other consumers taking and using water furnished by
the District.
The provisions of this chapter of the Huntington Town Code are
considered a part of and applicable to, the contract with persons,
corporations or other consumers taking and using water furnished by
the Dix Hills Water District.
For the purpose of this Chapter, the following words shall have
the meanings indicated:
the word "application" shall mean the official document to
be obtained from and filed with the District Administration in order
to obtain a lawful connection to, or use of, the district water supply.
The word "Board", whenever used within this chapter, shall
refer to the Town Board of the Town of Huntington, County of Suffolk,
and State of New York.
Bonded hydrant testers are those hydrant testers who have
duly registered with the Dix Hills Water District.
Bonded plumbers are those plumbers duly registered by the
Dix Hills Water District, and licensed by the Town of Huntington Plumbing
Board.
The valve that Connects the Water Service Line to the Water
Main.
[Added 11-16-2023 by L.L. No. 30-2023]
A cross connection control device is a required mechanism
that prevents the backflow/siphonage of water to the district's distribution
system.
The valve that is located on the water service line in between
the Corporation Stop and the Water Meter Pit.
[Added 11-16-2023 by L.L. No. 30-2023]
see "WATER MAIN"
A District Hydrant is a hydrant located within the Town right-of-way
or on public property within the boundaries of the Dix Hills Water
District.
[Amended 11-16-2023 by L.L. No. 30-2023]
The words "District" or "Water District", whenever used within
this Chapter, shall refer to the Dix Hills Water District, Town of
Huntington, Suffolk County, and State of New York.
During times of critical water shortages due to emergency
situations, the District, Town Board or District Engineer have the
authority to declare a water supply emergency and to impose an emergency
curtailment order limiting water use.
A hydrant flow test is a procedure required to be performed
annually to insure fire hydrant operability and adequate hydrant water
pressure.
see "PERMIT".
The word "license" shall be deemed to be all authorization
or permission to exercise the right to perform any work within the
Dix Hills Water District, subject, however, to regulations of the
Town of Huntington and Regulations and Code of the Dix Hills Water
District and any other municipality having jurisdiction thereof.
see "Water Main"
the word "owner" shall refer to the owner of real property
being serviced by the Dix Hills Water District.
The words "Permanent", "Permanent Installation", "Permanent
Services", "Permanent Permits" or "Permanent Licenses" shall include
all installations, services, permits or licenses authorized by the
District, for a period in excess of twelve (12) months.
A "permit" is a written document issued to water users/owners
or any other municipality or government agency wishing to temporarily
use district hydrants for purposes other than the intended uses listed
in the owner application for water service.
A private hydrant is a hydrant located on private property
which is either metered or subject to an annual fee for its use.
The words "Receiver of Taxes", or "Tax Receiver" shall refer
to the Receiver of Taxes of the Town of Huntington, 100 Main Street,
Huntington, New York 11743.
The word, "Temporary", shall be used to designate any installation,
service, permit or license intended to be in operation for a period
of twelve (12) months or less.
the words "Water Main", shall refer to the water mains in
the distribution system of the district, which are generally located
in the street or easements and utilized to transmit water to the fire
hydrants and/or to the owner's water service lines.
The words "Consumer Water Service Line", "Water Service Line",
"Service Line", "Water Service Pipe", "Water Service", or "Service
Pipe" shall refer to the pipe running from the corporation stop, wet-cut
or cut-in in the District distribution main, thence to the plumbing
within premises of owner.
the words "water user" or "user" shall refer to the owner,
and/or person, persons or entity authorized by the owner to consume,
use or access the district water supply.
[Added 11-16-2023 by L.L. No. 30-2023[1]]
(1)
The District shall have the authority to establish the policies,
procedures and specifications pertaining to the administration and
operation of the District.
[1]
Editor's Note: This local law also repealed former § 99-6,
District Authority and Responsibilities.
[Added 11-16-2023 by L.L. No. 30-2023[1]]
(1)
Property owners and property occupants are to allow all meter readers,
water treatment operators, and maintenance mechanics employed by the
District immediate access, at all reasonable hours, to the water supply
system on any premises. All district employees will carry proper identification
with them. In no event shall an owner be required or penalized for
failure to admit or provide access to an individual if unsure of their
identity as a district representative.
(2)
Interference with meter reading or inspection. It is strictly prohibited
for any owner, user, person, corporation or entity to erect any device
or structure, or to by any other means interfere, obstruct or prevent
free access to, and reading of, a water meter by the District.
[1]
Editor's Note: This local law also repealed former § 99-7,
Owner's Responsibilities.
[Added 11-16-2023 by L.L. No. 30-2023[1]]
(1)
It is the property owner's responsibility to use only bonded
plumbers for the work specified in this chapter.
(2)
Any installations, maintenance, repairs, and/or additions to the
water supply system, between the street main and the meter pit, other
than those performed by the District, must be performed by a District
registered bonded plumber. A list of registered bonded plumbers is
on file at the District's Administration Building. For information
about registration procedures contact the District Administration
Office.
(3)
Any installation, maintenance, repairs and/or additions to the water
supply system between the street main and the meter pit performed
by any one or entity other than a District registered bonded plumber
shall be a violation of this chapter.
[1]
Editor's Note: This local law also repealed former § 99-8,
Violations – Prohibited Acts.
[Added 11-16-2023 by L.L. No. 30-2023[1]]
(1)
(3)
Other Equipment.
(A)
The District will install and maintain valve boxes, corporation stops,
curbs stops, curb boxes regardless of whether or not they are in the
public right-of-way.
(B)
The District will install and maintain all hydrants unless the hydrant
is subject to private ownership.
(C)
All equipment maintained by the District shall be the property of
the District regardless of whether installed by the District or the
owner.
(D)
For service lines greater than one inch, the Owner and Occupant of
the property is responsible to maintain the service meter, meter pit,
pit cover, and valve beginning from the curb stop and/or first shut
off valve.
(4)
Removal of Defective Installation.
(A)
Whenever it shall be found that a service installation has been made
in any other manner than that approved by the District, the water
user shall be responsible to correct the deficiency and shall pay
all expenses and damages resulting from the faulty installation.
(B)
The District reserves the right to discontinue supplying water until
the service installation is properly made.
(5)
Interference with Water Meters, Water Service Pipes and Connections.
(A)
It is strictly prohibited for any owner or user to break, deface,
or cause to be broken or defaced, the seal of a water meter; or to
obstruct, alter, injure or prevent the action of a meter or other
instrument used to measure or register the quantity of water supplied
to or consumed by any person, corporation or entity.
(6)
Required Annual Testing.
(A)
Testing of Privately-Owned Hydrants. Those owners of hydrants which
are designated as private are required to annually secure the services
of a hydrant flow test company, who has been bonded with the district,
to provide written proof in the form of a hydrant flow test result
report which insures that the water pressure of the hydrant tested
is adequate.
(B)
Cross Connection Control Device(s) Testing. It is the responsibility
of the property owner to have their Cross-Connection Control device
tested upon installation and annually thereafter. Annual testing shall
be performed by a New York State Department of Health Certified Tester.
(C)
Failure to perform annual required testing of a cross control device
or a privately-owned hydrant shall be a violation of this Chapter.
(7)
Changes in Ground Elevation.
(A)
In the event that a change in ground elevation leaves a service pipe
insufficiently buried, or results in the curb box or meter pit projecting
above the ground or being covered with earth, the owner must act within
thirty (30) days of receipt of notification by certified letter. The
owner must secure a district registered bonded plumber to lower or
raise the service pipe, curb box, meter, backflow preventer, and meter
pit cover to conform to the new ground elevation. Failure by the owner
to conduct necessary alterations promptly may result in the District's
discontinuance of the supply of water until the alterations are completed.
[Added 11-16-2023 by L.L. No. 30-2023]
(1)
Water Charges.
(A)
Owners of premises where water is used shall be held responsible
for the water charges for themselves, their contractors and their
tenants.
(B)
Unpaid water charges shall become a lien upon the property where
the water is supplied. In all cases where property is conveyed or
transferred, the new owner is responsible for all unpaid water charges
of the former owners or tenants.
(2)
Leaks.
(A)
If a leak is on that portion of the water main for which the
Owner is responsible, the leak shall be repaired immediately at the
expense of the Owner.
(B)
All repairs should comply with requirements set forth in § 99-8 of this chapter that requires the use of a bonded plumber.
(C)
If an Owner fails to repair a leak within 30 days of a notification
from the District that a leak exists on the Owner's property,
the District reserves the right to turn off water service until leak
repairs are completed.
(D)
If the District determines a leak to be an emergency, the District
reserves the right to access the property and fix the leak immediately
at the owner's expense. The expense for emergency repairs will
be included on the Owner's subsequent bill of water charges.
(3)
Water Use: Required Notice to the District and Required Application
for Permit.
(A)
Conveyance of Property. When property is conveyed, notice of
such conveyance, with the name and forwarding address of the party
from whom the property is conveyed, must be promptly provided by telephone
or mail to the District so that the change in ownership may be noted
on the records of the District and a final bill rendered.
(B)
Closing of Buildings. In the event any building is to be closed
temporarily, especially during cold weather, the owner or the plumber
representing the owner shall notify the District in writing in order
that the meter may be read and curb stop closed. In case of failure
to give such notice and in the event of any water leaks within the
building by freezing or otherwise, the owner shall be liable to pay
for all water that has been lost as a result of the leak(s).
(C)
Discontinuance of Service. Owners wishing to discontinue the
use of water service must give the District ten (10) days' written
notice. The homeowner shall employ a bonded plumber to disconnect
water service at the main.
(D)
Water Use for Construction. The property owner is required to
file an application and receive a permit from the District for use
of any temporary water service. Use of any temporary water service
without the filing of an application notifying the District is prohibited.
A failure to notify the district of use of water for any purpose other
than that represented in the district application is prohibited.
(E)
Notice of Work to be Performed. Work performed on any water
service that would require or potentially require the assistance of
the District without prior notification of at least forty-eight (48)
hours to the District is prohibited.
(4)
Water Use; Unauthorized and Prohibited Activity.
(A)
A failure to notify the district of use of water for any purpose
other than that represented in the district application is prohibited.
(B)
Work performed on any water service that would require or potentially
require the assistance of the District without prior notification
of at least forty-eight (48) hours to the District is prohibited.
(C)
Resale of Water. The resale of District water, under any conditions
or circumstances is prohibited.
(D)
Unauthorized Connection and Water Use. Any connection to district
water supply, or use of district water, including hydrants, without
having filed an application is strictly prohibited.
[Added 11-16-2023 by L.L. No. 30-2023]
(1)
Water Conservation. In order to conserve the quantity of quality
district water each property owner is required to comply with the
following conservation measures:
(A)
Odd - Even watering mandate. During the months of May, June,
July, August, and September properties with even numbered street addresses
are permitted to operate their irrigation systems only on even numbered
calendar days, and properties with odd numbered street addresses are
permitted to operate their irrigation systems only on odd numbered
calendar days.
(B)
Water Conservation Penalty Charges. Any property owner whose
water use exceeds the water usage limit in a given billing cycle shall
be responsible to pay a higher rate for that water used over the water
usage limit. A table of rates charged for excess water usage can be
referenced in the District Consumer Handbook or by contacting the
District office.
(C)
Failure to comply with the odd/even watering mandate set forth
in this section is a prohibited act which will result in a written
warning for the first offense; a penalty up to One Hundred ($100)
Dollars for the second offense; and a penalty of up to Five Hundred
($500) Dollars for the third and each subsequent offense.
[Added 11-16-2023 by L.L. No. 30-2023]
(1)
Criminal Tampering - in accordance with Section 145.15 of the Penal
Law of the State of New York, a person is guilty of criminal tampering
when, having no right to do so nor any reasonable ground to believe
that he has such right, he tampers or makes connection with the property
of the district. Criminal tampering in the first degree is a Class
D Felony, second degree is a Class A Misdemeanor.
(2)
Theft of Services - In accordance with Section 165.15 of the Penal
Law of the State of New York, a person is guilty of theft of services
when, with intent to avoid payment by himself or another person of
the lawful charge for any service which is provided for a charge by
the District, he obtains or attempts to obtain such service for himself
or another person or avoids or attempts to avoid payment therefor
by himself or another person by means of tampering or making connection
with the equipment of the District. Generally, theft of services is
a Class A Misdemeanor.
[Added 11-16-2023 by L.L. No. 30-2023]
(1)
Enforcement. This chapter shall be enforced by the Department of
Public Safety.
(2)
Penalties.
(A)
Any person or business entity who commits or permits any acts
in violation of any provision of this Article shall be deemed to have
committed an offense against this Chapter, and shall upon conviction
thereof, be subject to a fine in the amount set forth in the applicable
section of this Chapter. If no fine is set forth, the person or business
entity shall be subject to a fine of not less than Five Hundred ($500)
Dollars nor more than One Thousand Five Hundred ($1,500) Dollars.
(B)
Violation of an Emergency Curtailment Order. Any person who
violates an Emergency Curtailment Order shall be guilty of an offense
and upon conviction subject to a fine of not less than Five Hundred
($500) Dollars and not more than One Thousand ($1,000) Dollars.
(3)
Any person or entity found by the Bureau of Administrative Adjudication
to have violated this Article shall likewise be subject to a monetary
penalty in the appropriate amount set forth in this Chapter.
(4)
Each day, or part thereof, any such violation continues or is permitted
to exist following service of a notice of violation, appearance ticket,
or summons shall constitute a separate violation, punishable in like
manner.
(5)
In addition to the criminal and civil penalties set forth herein
or in other applicable law, rule or regulation, the Town Attorney
is authorized to pursue civil and equitable relief in the name of
the Town in a court of competent jurisdiction, including but not limited
to compensatory actions; civil penalties in the amount of up to Two
Hundred Fifty ($250) Dollars per day, or any part thereof; an action
to compel compliance with or to restrain by injunction the violation
of this chapter; and other remedies which in the opinion of the Town
Attorney may seem necessary and proper.
