[Adopted by the Board of Trustees of the
Village of Fort Plain 11-2-2010 by L.L. No. 2-2010. Amendments noted where
applicable.]
A.
Use of meter. Except as authorized by the Village, the sale of water
to customers shall be through a metered connection to the Village
system. No person shall take water or permit water to be taken from
the Village's water distribution system other than through a
metered service or as permitted through a metered supply point, except
as authorized by the Village. No person shall accept water knowing
that the water consumption has not been properly registered on a meter.
B.
Construction. When application is made for a water connection for
construction purposes, the Village shall install an approved water
meter for such purpose. The user will pay the Village fees for labor
and materials and water used.
C.
No resale. Water supplied by the Village to any water system or structure
is for use of such system or structure by the owners or occupants
thereof. Except as authorized by the Village, the resale, delivery,
transmission or supplying of such water to other persons, structures,
water services or water systems is forbidden. In the case of noncompliance,
the Village is authorized to shut off the system or structure from
the Village water mains.
D.
Emergencies. The Village may shut off the water supply through the
water mains of the Village in cases of water main breaks or due to
operational requirements or emergencies. When practicable, notice
of a shutoff will be given in advance. However, even when notice is
not given, neither the Village nor its employees shall be liable for
any damage that may occur as a result of a shutoff.
E.
Conservation. The Village shall have the authority to promulgate
rules restricting the use of Village water in the case of a drought,
water shortage or other water emergency. These water shortage rules
shall become effective through an emergency proclamation by the Mayor.
It shall be the responsibility of the customer to cooperate and comply
with Village instructions.
The Village, by its Water Department, its agents and employees,
has the right to free access, at all reasonable hours, to the structure
where Village water is being used to inspect the adequacy of the system
installation and condition; to make tests of the pressure and quality
of the water supply; to read, service, install and remove water meters;
to inspect for illegal connections and cross-connections; and to enforce
the provisions of this chapter.
A.
Except as otherwise prescribed herein or in the Village water rules
and regulations, consumption charges shall be based on metered consumption,
as determined by periodic meter readings taken by the Water Department.
B.
If a meter reader cannot gain access to the meter for a scheduled
reading or reliable meter data is otherwise unavailable, a calculated
bill may be escalated by up to 10% beyond past consumption to cover
variations. The account shall be adjusted in accordance with subsequent
meter readings as necessary to more accurately reflect actual consumption.
No change shall be required if the calculated billing is consistent
with an average of subsequent meter readings with seasonal adjustments.
C.
If a meter or meters shall fail to correctly register the quantities
of water flowing through it, such amount shall be determined by taking
the average of the 12 preceding readings of such meter or meters adjusted
for seasonal variations. Where insufficient valid readings are available,
such estimate may be based on the largest possible number of valid
readings taken preceding or subsequent to such incorrect or stopped
registration.
A.
The owners of all structures served by connection to a Village water
supply shall be liable for payment of the water bill notwithstanding
the failure to receive a bill or any agreement between such owner
and any tenant, lessee or occupant. Any delinquent charges shall be
a lien on the real property on which such meter or meters are located.
B.
Customer vacating structure. When a customer vacates a structure
served by the Village water system, the customer or owner shall give
notice to the Village specifying the date of such vacancy, and the
owner of the structure shall be liable for all water and service provided
until such notice is given.
A.
Requests for adjustments. The Village Board shall hear and consider
complaints by any property owner or occupant who desires to contest
a water bill. The Village Board should determine whether an adjustment
shall be made in the bill.
B.
Claims and allowances.
(1)
In all cases where any rebate or allowance is claimed, the claim
therefore shall be made to the Village Board in writing.
(2)
The Village is prohibited by the Constitution of the State of New
York from giving public funds to private parties based upon the sense
of justice or kindness of its officers and may only settle, compromise
and pay claims which are enforceable against it and are not the primary
liability of another party.
(3)
The Village is not an insurer and will not allow payment of claims
by the Village unless negligence of the Village is proved. Claims
must be presented to the Village, in writing, within 90 days of the
occurrence or within 30 days subsequent to the billing date.
(4)
Such claims shall be:
(5)
No rebate will be granted for water lost for any reason whatsoever
on the customer's side of a meter.
(6)
No rebate for unoccupied structures will be allowed unless the water
is shut off at the curb, by a Village Water Department representative
and then only from the time the Village is notified.
(7)
No rebate will be made when the charges results from the failure
on the part of the owner or consumer to comply with the village laws
or water supply rules and regulations or the failure to promptly repair
any broken or defective building fixture or service pipe.
(8)
No rebate or allowance on any bill sent out by the Village shall
be made by the Village Treasurer, except as approved by the Village
Board.
Each fee and user charge levied pursuant to this chapter is
hereby made a lien on the structure and, if the same is not paid within
30 days after it shall be due and payable, it shall be certified to
the Treasurer of the Village, who if still unpaid shall place the
same on the real property tax bill for that year with interest and
penalties allowed by law and shall be collected as other village taxes
are collected.
A.
General rules. Water service may be discontinued by the Village for
any of the following reasons:
(1)
Use of water other than for normal and customary household consumption
or as otherwise represented in the customer's application for
service.
(2)
Willful or negligent waste of water through improper and imperfect
pipes, or by any other means.
(3)
Damaging or molesting any main, service line, seal, meter or any
other property or installation of the Village.
(4)
Nonpayment of bills for water or services rendered by the Village
as set forth herein.
(5)
Cross-connecting pipes carrying water supplied by the Village with
any other source of supply, or with any apparatus which may endanger
the quality of the Village's water supply without proper devices
and prior approval.
(6)
Refusal of reasonable access to the property for the purposes of
reading, repairing, testing or removing meters or inspecting water
piping and other fixtures.
(7)
For violation of the rules of the Village as set forth in its rules
and regulations.
(8)
For failure to repair leaking service lines after notice.
B.
Those water customers who, 30 days after bills delivered for services
rendered as prescribed herein and at the rates concurrent with the
services rendered, have not paid their bills shall be deemed to be
delinquent and the service to their structure may be discontinued
after due notice to the owner and residents. Such service shall not
be restored until proper settlement of the delinquent customer's
account has been made, together with any additional costs which might
have been incurred by the Village in the discontinuing or restoring
of the delinquent user's service, including but not necessarily
limited to a restoration fee as established by the Village Board from
time to time by resolution and as set forth in the Village water rules
and regulations. The payment for such delinquent bills for water or
services and the restoration fee must be paid by cash, money order
or bank officer's check. No personal checks will be accepted.
C.
Shutoff notice.
(1)
A notice shall be mailed by first class mail to the owner of the
structure at the owner's last known address, to any tenants actually
occupying the premises to the address of the premises and such notice
shall be posted in at least one conspicuous place on the structure.
At the option of the Village such notice may be made by certified
mail return receipt requested or by personal delivery to the owner
or occupant.
(2)
Each shutoff notice shall state that service will be shut off unless
all delinquent water and sewer bills are paid and shall state that
a hearing may be had by the owner or any tenant to contest the validity
of the charges in question or to show an error in the statement of
the delinquency.
(3)
Such notice shall indicate the proposed date of the shutoff and also
give the name and address of the Village Clerk who may be contacted
to request a hearing. The notice shall state that unless a written
request for a hearing is made within 10 days after the mailing and
posting of the notice, the hearing shall be deemed waived.
D.
Shutoff hearing.
(1)
If no hearing is requested by the deadline stated in the notice,
then the Village may proceed to terminate service.
(2)
If the termination of service will endanger the health and welfare
of persons unable to care for themselves, the matter will be referred
to the appropriate public agency for resolution before service is
terminated.
(3)
If a hearing is requested on or before the deadline date by an owner
or tenant of the structure, a hearing shall be schedule before the
Village Board. The applicant may present at the hearing any information,
testimony or documentation by which to support the claim.
(4)
Minutes shall be kept of the hearing. The Village Board shall decide
whether any error was made in the water or sewer billing and whether
service shall be discontinued. The Village Board shall make a report
which substantiates its decision. A notice of the decision and the
report shall be mailed to the applicant. If the decision is to terminate
service, the notice shall state the termination date, which shall
not be less than 10 days after the mailing of the decision notice.
E.
Resumption of service.
(1)
No service shall be commenced to a structure on which there are unpaid
village taxes, penalties or assessments, nor to one which is owned
by an individual or corporation with water, sewer or other municipal
charges outstanding.
(2)
If and when all delinquent bills are paid, the water service shall
be turned back on by the Village. A service turn-on fee shall be charged
in a an amount as set forth in the Village water rates and rules on
file at the Village Office. Said service turn-on fee must be paid
in advance.
