[HISTORY: Adopted by the Board of Trustees of Village of Malone 6-20-1988 by L.L. No. 2-1988.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Pollution — See Ch. 37.
Sewer use — See Ch. 45.
Sewer rate — See Ch. 46.
Swimming pools — See Ch. 51.
[1]
Editor's Note: This local law also repealed former Ch. 63, Water, adopted 11-24-1974 by L.L. No. 1-1974, as amended.
A. 
The Village Board recognizes that the future health, safety and prosperity of its residents and businesses depend upon an adequate supply of clean, potable water and the establishment and ongoing maintenance of an effective water system owned and maintained by the Village. Such can only be assured through careful, vigilant regulation and a local law which provides the mechanisms and safeguards to prudently manage, conserve and distribute this valuable but limited resource and assures the funding necessary to achieve these goals.
B. 
While it is the desire of the village to provide such water to all who have reasonable need for the same and are willing to abide by the conditions of service and pay the necessary administrative and other charges therefor, as described hereinafter, all users of the system, present and future, should be aware of the following limitations, which the Board deems to be reasonable and necessary:
(1) 
The first priority is to assure a fair and equitable distribution of water, with adequate pressure, to the residents and businesses of Malone's village, with due regard to the fact that, at all times, there must be a sufficient reserve within the village water system to provide for growth and development within the village, adequate fire protection, other emergencies, droughts and the unexpected.
(2) 
To the extent that, after reserving against the above needs, an excess of water supply exists for the use of persons, firms and/or corporations situate outside the village limits, the village may grant such outside users the right to connect to the village water system, on the terms and conditions hereinafter provided but always subject to the village's revocation of such supply to the extent necessary to fulfill the primary purpose of the village water system, the protection and service of the residents and businesses lying within Malone Village. Specifically, the village assumes no obligation to furnish water to or for the use of any property or user outside of the Malone Village limits. In the event that it accepts such an application and supplies water to the user, it specifically reserves the right to discontinue such service at any time if, in the opinion of a majority of the Village Board of Trustees, such water is required for consumption within the village; provided, however, that in the case of emergency, the Mayor of the village may discontinue such water service to outside users by executive order.
(3) 
All of the users of the system must recognize that the village may, in its discretion, interrupt and/or withhold service to everyone using the system, from time to time, for emergency purposes and/or that the water supply or pressure may be discontinued, delayed, diminished and/or interrupted due to water shortages for whatever reason.
(4) 
The village has never been, is not and cannot be guarantor of adequate water service sufficient to meet the desires of everyone, and those who choose to use the system accept that risk. The village does, however, assure the users of its system that it will, as it has in the past, do its best to properly maintain its system to the best of its ability and with the health, safety and well-being of the user in mind, but subject to the conditions expressed herein.
(5) 
As the costs of the maintenance of this system have spiralled in recent years, the village has deemed it necessary to impose the charges and/or metering requirements described hereinafter but notes that the same are subject to change as necessary, simply because the village cannot provide the service its users require and deserve unless it is provided with the funds to do so.
(6) 
The user must also recognize that the village can only establish taps, make connections, perform maintenance and repairs and the like as promptly as labor, materials and budgetary constraints permit.
(7) 
Any and all current or future users accept continued or future service subject to the above basic purposes and limitations and the terms hereinafter described, as their use of the village water supply constitutes a contractual relationship whereby the user, in return for a supply of water, agrees to the policy, purposes, regulations and penalties set forth herein, agrees to pay the rates established hereinafter and also agrees to allow village employees access to the user's property for the purposes hereinafter mentioned.
A. 
When any person, firm or corporation, hereinafter called the "user," who owns or otherwise uses property situate either within or without the Village of Malone desires to in any way connect with the village water system or otherwise use village water, for any purpose, such user shall, prior to any such use or consumption of village water, be required to first prepare and file a written application with the Village Clerk of the Village of Malone at the Village Office, which application shall be complete in every detail and shall contain whatever information the Village Clerk shall desire and which shall be accompanied by whatever application fee the Village Clerk shall prescribe pursuant to this local law and/or the other valid requirements of the Village Board. After compliance with the foregoing and full payment of the application fee, the Village Clerk shall promptly transmit the same to the Department of Public Works Superintendent.
B. 
In any case, but without binding the village to act within said time frame, the proposed user must provide the Village Clerk with at least five working days' notice before the desired connection is made, with the understanding that no such connection shall be made until approved by the Village Board. No tap shall be made unless the user digs the necessary ditch to a depth of at least five feet and lays the service pipe to the point of connection, all to the satisfaction of the Public Works Construction and Maintenance Supervisor of the Malone Village Water Department, hereinafter called the "DPW Superintendent," but at the user's sole risk, liability and expense. The DPW Superintendent's approval of the foregoing shall rest in his sole authority and discretion.
C. 
If and when the application for service is approved by the Village Board and the aforesaid ditching and piping is approved by the DPW Superintendent, the user shall be entitled to one tap to be made by the village to its water system, the use of that tap to be limited precisely by the terms of the user's application. Any additional use of the tap, unless approved by a subsequent application procedure, shall render the previous application and use null and void, and the village shall have the rights and remedies provided hereinafter.
D. 
Any user applying for service by accepting service from the village accepts such service upon the express condition, agreement and/or understanding that such user shall not permit any other user to connect or use water from said tap and also that such water shall be used solely and exclusively for the use of the building or buildings and/or the purposes defined in said application.
E. 
All users of village water are considered connected to the village water system, whether connected directly to a village water main or in any way connected to a private main in any way supplied by village water.
A. 
Whenever an application for water service is accepted and the proposed user has completed all the work required by this local law to the satisfaction of the DPW Superintendent, the DPW Superintendent shall, when time allows and materials are available, make a tap to the main and connect thereto a corporation stop, service lead, shut-off and service box, all of which are and shall remain the property of the village. When all work has been completed to the satisfaction of the village, the village employees shall make the service connection to the user's line. Only village personnel shall make taps to mains that are served by village water, whether the mains are owned by the village or not. When application is made to connect a new user to a main not owned by the village, such application shall be made jointly by the new user and the owner of the main.
B. 
Notwithstanding any provision of this local law to the contrary, it shall be a violation of this local law to make any connection to the village water supply system or any private main serviced by village water outside the corporate limits of the Village of Malone without obtaining prior written consent of the Board of Trustees.
C. 
The Board of Trustees, in its discretion, may require that all service, whether inside or outside the corporate limits of the village, be metered.
D. 
The connection of any pumps or heat pumps or similar devices, which extract heat or cold from water, to the Village water supply system is expressly prohibited, except for any such devices which are connected to the Village water supply system with consent of the Board of Trustees as of the date of adoption of this local law.
A. 
Should any user desire a supply of water additional to that currently used or that described in his initial application or desire to use water for purposes different from his current purposes or those purposes described in his initial application or to allow someone else to draw water from his premises, the user must file an application for such additional or other use with the Village Clerk, in compliance with § 63-2, which application shall be complete in every detail and shall contain whatever information the Village Clerk shall require and which shall be accompanied by whatever application fee the Village Clerk shall prescribe pursuant to this local law and/or the other valid requirements of the Village Board. After compliance with the foregoing and full payment of the application fee, the Village Clerk shall promptly transmit the same to the DPW Superintendent.
B. 
If a new tap or connection is required, the conditions and requirements described in §§ 63-3 and 63-4 hereof shall apply.
C. 
Any person or user violating this provision shall be charged a minimum rate of at least four times the normal water rate prescribed herein for such periods of unauthorized water use or whatever lesser rate the Board of four Trustees shall prescribe, until such person or user complies with the provisions of this local law, in addition to the other penalties described hereinafter.
D. 
Any use of water, in addition to that currently used or in addition to that described in the user's initial application, or any use of water other than as currently used or different from that described in the user's initial application shall be a violation of this local law and subject to the penalties described herein.
[Amended 7-16-2007 by L.L. No. 2-2007]
A. 
If any user desires water service to be either turned on or turned off, such user shall file an application with the Village Clerk on such forms as shall be prescribed therefor, which application shall be accompanied by the fees set forth hereinafter. No work shall be performed by the Village until the appropriate fee has been paid in full.
(1) 
For inside Village users, a charge of $15 shall be made for turning off or tuning on the water, provided that such work is done during normal working hours. If such work is required to be completed for the convenience of the owner and/or user outside the normal working hours, a charge of $30 shall be made.
(2) 
For outside Village users, a charge of $30 shall be made for turning off or turning on the water during normal working hours. If such work is required for the convenience of the owner and/or user outside the normal working hours, a charge of $50 shall be made.
(3) 
As used herein, the term "normal working hours" means from 7:00 a.m. to 3:00 p.m., Monday through Friday, excluding legal holidays.
B. 
Any person or entity that wishes to purchase water from the Village to fill a tanker truck may do so by filing an application with the Village Clerk at least 24 hours prior to the desired fill-up date. The rate for such person or entity shall be the most current metered rate adopted by the Village Board; however, the minimum charge per applicant shall be $100. A one-hundred-percent down payment, based on the estimated number of gallons to be purchased, is required at the time of application. Village personnel shall meter the water at the designated hydrant filling location and provide the Village Clerk with the meter readings. Applicant will be billed for the number of gallons purchased in excess of the estimated amount or shall be refunded for any unused amounts, as the case may be. All tanker truck fill-ups must be conducted during normal working hours, as set forth in § 63-5A(3).
A vacancy credit shall be allowed to the users whose water is actually shut off in the manner hereinafter described for a period of three consecutive months from the date that the valve is actually sealed, but no credit shall be allowed for portions of a billing period. For a user to obtain a vacancy credit, a written application shall be filed with the Village Clerk requesting that the water be shut off, and the user must supply, at his/her own expense, a sufficient number of acceptable shutoff valves in order to cover each house, each apartment or unit within the house and/or any other outlet of water. As soon as practicable after receipt of such application by the Village Clerk, the DPW Superintendent shall cause the water department to shut off the water valve and place a seal upon such valve. Such shall be accomplished only by the DPW Superintendent and/or the Water Department employees, and the seal or seals shall be removed only by them and then only after a written request for a turn-on of such water has been made by the user.
[Amended 7-16-2007 by L.L. No. 2-2007]
A. 
It shall be the duty of each property owner and/or user to maintain all faucets, valves, private water pipes, appliances and service lines in a state of good repair and ensure that there shall be no unnecessary waste of water.
B. 
Any Village official or employee authorized by the DPW Superintendent may inspect any premises to which Village water is furnished, and the owner of such premises must repair or cause to be repaired any defective faucet, valve, private water pipe, appliance, service line, or any other condition which is causing the wasting of water. Repairs are to be made within five business days. If such repairs are not made, the Village may discontinue water supply until such time as the property owner has completed such repairs to the satisfaction of the Village.
All owners of property shall be held responsible for all arrearages unpaid by their tenants, contract purchasers or other users of their property, and all contracts with the Village of Malone for water shall be deemed to be made with the owners of the property being supplied.
The Village of Malone, its agents and employees shall have the right at any time, without notice, to ration water and/or shut off the water in the mains, or any of them, in cases of conflagration, for making repairs or extensions, or for other purposes. All users having boilers within their premises not supplied by tanks or cisterns but depending upon the pressure in the pipes to keep them supplied operate the same at their own risk. Risk of loss or damage in all cases shall be exclusively by the user.
The Village of Malone undertakes only to use reasonable care and diligence to provide a constant supply of water through its mains to consumers. In any case, the Village shall not be responsible for any problems that occur from the point where the user connects to the Village line to the user's structure or within the structure itself. Although it is manifestly in the interest of the Village that no break, failure or accident should occur, it is provided, however, that in the event of such occurrence, the Village of Malone shall not be liable to any consumer for any damages resulting from the public enemy, the elements or any accident, misfortune, failure and break in the reservoir or mains of the Village. Anyone who applied for and/or uses Village water accepts the same with that understanding.
[1]
Editor's Note: Former § 63-11. Maintenance to be responsibility of owner, was superseded 7-16-2007 by L.L. No. 2-2007. See now § 63-7.
As the Village cannot reasonably be expected to monitor all changes in the ownership or use of properties served by Village water, it shall be the duty of any property owner or any other Village water user to give the Village at least 30 days' written advance notice of any change in ownership and/or use. Any property owner or user who fails to do so shall remain personally liable for all accrued water charges and for all future charges until the Village receives actual written notice of the change, and, in any case, the property owner and/or user shall remain personally liable for all water charges for the billing period within which any such change of ownership or use actually occurred.
A. 
No person or persons shall open any fireplug or hydrant or draw water therefrom except with the express written permission of the DPW Superintendent or persons designated by him/her to grant such permission.
B. 
The Chief of the Malone Callfiremen, Inc., his/her assistants and members of said Department are authorized to use the hydrants and plugs for the purpose of obtaining water to extinguish fires or for the training or making trials of the hose of the Department; but such shall be under the supervision of the Chief or his/her assistants, and in no case shall an inexperienced person be permitted to manipulate or control in any way any hydrant, plug or other fixture. In any case, the Malone Callfiremen shall be liable for any damage caused by its negligence or those of its members.
C. 
Any person tampering with Village hydrants shall be subject to all of the provisions of the Penal Law of the State of New York and shall also be subject to a fine of $500 for each such violation.
No person shall bathe or attempt to bathe in the reservoirs which supply the waterworks of the Village or cast any wood, dirt or any other substances whatsoever into any of the reservoirs or any of the springs or streams running into the same or in any manner interfere with the structure of said reservoirs, pipes, hydrants or any other property connected therewith or take any ice therefrom. No person shall in any manner wrongfully interfere with or trespass upon any property appertaining to said waterworks not hereinabove specified. Any person violating this section shall be subject to a fine of $500 and any other penalties provided by the Penal Law of the State of New York.
[Amended 7-16-2007 by L.L. No. 2-2007]
The Board of Trustees reserves the right to add to or modify its rules, regulations, rates and fees at any time. All such rules, regulations, rates and fees shall be changed by resolution of the Board of Trustees.
Owners of property shall be charged for water used in construction of residences or other structures. The payment shall begin when the tap is made or, if taken from other sources of the Village water supply, will commence as soon as water is used. The rate to be charged during construction shall be the same rate which would apply upon the completion of the structure or residence.
[Amended 3-23-1992 by L.L. No. 1-1992; 7-16-2007 by L.L. No. 2-2007]
A. 
Requirement. Effective immediately, all water users as defined by § 66-3 of the code shall be metered in compliance with this local law.
B. 
Property owner responsibility.
(1) 
The property owner is responsible for the purchase and installation of a water meter as specified by the Village for each active water service tap providing Village water to the property. The property owner shall provide a suitable place inside the building for meter, such that the meter, fittings and stop/waste valve(s) are readily accessible to Village personnel and not subject to frost. A meter setter must be used so meter can be placed in a horizontal position. No tee or other fitting through which water may be drawn shall be used or placed between the main and the meter.
(2) 
Each such property owner shall have 90 days from the date of written notification by the Village to install a Village approved water meter(s) and to contact the DPW Superintendent for inspection of such water meter(s). Property owners in violation of the above requirement may have their water supply terminated until such time as the required meter(s) are installed and inspected.
C. 
Village responsibility.
(1) 
The Village is responsible for the inspection of any installed water meter and for the tuning off/on of water while a property owner is installing a water meter.
(2) 
Each installed water meter shall have an outside reading device, to be purchased and installed by the Village. Such reading device shall be placed in an accessible and convenient location as determined by the Village.
(3) 
The Village's inspection, turn off/on of water supply and outside reading device installation as set forth above shall be at no charge to the owner.
[Amended 4-10-1989 by L.L. No. 2-1989; 3-23-1992 by L.L. No. 1-1992; 7-16-2007 by L.L. No. 2-2007]
All metered water users (except those under contract as of the effective date of this local law) shall pay the following established rates:
A. 
Metered rates inside the Village, per quarter: $3 per 1,000 gallons.
B. 
Metered rates outside the Village, per quarter: $5.00 per 1,000 gallons.
[Amended 4-17-2017]
C. 
Minimum metered rates inside the Village, per quarter, per meter classification:
(1) 
Up to three-fourth-inch meter: $50.
[Amended 4-17-2017]
(2) 
One-inch eter: $50.
(3) 
One-and-one-half-inch to two-inch meter: $100.
(4) 
Two-and-one-half-inch to three-inch meter: $200.
(5) 
Three-and-one-half-inch to four-inch meter: $300.
(6) 
Four-and-one-half-inch to six-inch meter: $500.
(7) 
Six-and-one-half-inch to eight-inch meter: $750.
D. 
Minimum metered rates outside the Village, per quarter, per meter classification:
(1) 
Up to three-fourths-inch meter: $80.
[Amended 4-17-2017]
(2) 
One-inch meter. $80.
(3) 
One-and-one-half-inch to two-inch meter: $160.
(4) 
Two-and-one-half-inch to three-inch meter: $320.
(5) 
Three-and-one-half-inch to four-inch meter: $480.
(6) 
Four-and-one-half-inch to six-inch meter: $800.
(7) 
Six-and-one-half-inch to eight-inch meter: $1,200.
E. 
Flat rates; basis for water rental charge.
(1) 
The flat unit rate shall be established by vote of the Village Board yearly.
(2) 
Water rates payable by property owners outside the boundaries of the Village shall be 60% greater than water rates payable by property owners within the Village boundary.
(3) 
Until such time as a property owner has installed water meter(s) as required by this local law, the following flat fee rates and unit multipliers shall be in effect for such property owner. The water rates shall be equal to the unit rate multiplied by the following unit multipliers established for that portion of the water system within the boundaries of the Village and for that portion of said system situate outside the boundaries of the Village, as follows:
Unit Classification
Unit Multiplier Inside
Unit Multiplier Outside
Adult homes, private nursing homes and convalescent homes, per resident
0.30
0.48
Agricultural societies and barns
5.00
8.00
Alice Hyde Hospital per bed
0.60
Alice Hyde Nursing Home, per resident
0.30
—
Animal hospitals
1.35
2.16
Armories and reserve centers
10.00
16.00
Bakeries
2.20
3.52
Banks, per office location
2.50
4.00
Barbershops
1.00
1.60
Beauty parlors
First 2 chairs
1.50
2.40
Each additional chair, per chair
0.50
0.80
Boardinghouses, tourist homes and B&B
2.20
3.52
BOCES building
15.00
—
Bottling plants
5.00
8.00
Bowling alleys
3.00
4.80
Bowling alleys with bar
5.00
8.00
Car washes
3.00
4.80
Cemeteries
1.00
1.60
Churches
1.00
1.60
Clubs, halls, lodge
1.50
2.40
Clubs, halls, lodge with bar or restaurant
2.20
3.52
College building
2.20
3.52
Concrete works
2.50
4.00
Day-care nurseries, per licensed limit
0.03
0.05
Dental offices
1.00
1.60
Family units, each
R-1
1.00
1.60
R-2
2.00
3.20
R-3
3.00
4.80
R-4
4.00
6.40
R-5
5.00
8.00
R-6
6.00
9.60
R-7
7.00
11.20
R-8
8.00
12.80
R-9
9.00
14.40
R-10
10.00
16.00
Franklin County Court House
45.00
—
Funeral parlors
1.35
2.16
Garages, service and gas stations
2.20
3.52
Greenhouses/flower shops
2.20
3.52
Hotels
Per transient bedroom
0.20
0.32
Per apartment
1.00
1.60
Per rented room
0.10
0.16
Ice cream stands and soda fountains
1.00
1.60
Industries
Per factory building
3.00
4.80
Per warehouse
1.00
1.60
Laundromats
5.00
8.00
Laundries and dry cleaners including laundromats
6.00
9.60
Laundries and dry cleaners without laundromats
5.00
8.00
Law and other offices
1.00
1.60
Monument works
2.50
4.00
Motels
Per transient room
0.20
0.32
Per apartment
1.00
1.60
Physicians' offices
1.00
1.60
Public nursing homes, per bed (nonhospital-operated)
0.30
0.48
Public utility buildings
2.50
4.00
Rectories, parsonages and manses
1.00
1.60
Religious community houses
Fewer than 12 residents
1.00
1.60
12 residents or more
2.00
3.20
Restaurants
3.00
4.80
Restaurants with bar
4.00
6.40
School systems
Under 1,000 students, per student and employee
0.03
0.048
1,000 students and over, per student and employee
0.10
0.16
Retail stores
1.00
1.60
Supermarkets
1.00
1.60
Taverns
4.00
6.40
Taxi stands
1.00
1.60
Theaters
1.00
1.60
Trailer parks, per trailer
—
1.60
[Amended 7-16-2007 by L.L. No. 2-2007]
It shall be the duty of each property owner to provide reasonable access to the Village to such water meter(s) to obtain readings and/or to inspect such meter(s).
A. 
If a water meter is not reasonably accessible, the water supply may be turned off by the Village at the owner's expense and will be turned on at the owner's expense when such meter is installed in an accessible place.
B. 
The Village will maintain, repair and test, when necessary, all water meters. If a water meter is not working properly and is unable to be repaired, the property owner shall cause a new water meter to be installed within 30 days of being notified by the Village. The DPW Superintendent or agent may, at any reasonable time, enter upon the premises for the purpose of inspecting pipes or reading or check the water meter.
C. 
When a water meter is not working properly, the property owner will be billed by estimate. The charge will be made on the basis of the average of the property owner's bill for the past two years for the first quarter that the meter is not working; and for each additional quarter that the meter is not working, the average of the consumer's bills for two years for the corresponding quarter will be made.
D. 
Theft of water.
(1) 
No person, user or property owner shall tamper with a water meter, break any water meter seal or install lines, hoses, pipes or connections routing water around a water meter, or attempt in any manner to prevent the meter or device from performing its measuring function, without the consent of the Village. Theft of water shall be a misdemeanor, punishable by a definite sentence of imprisonment not to exceed one year, and/or a fine not to exceed $1,000.
(2) 
Notwithstanding the foregoing, theft of water may be prosecuted pursuant to § 165.15 of the Penal Law of the State of New York, entitled "Theft of services." All rules contained thereunder shall be a part of this chapter.
[Amended 11-27-1989 by L.L. No. 6-1989; 7-16-2007 by L.L. No. 2-2007; 6-26-2013 by L.L. No. 1-2013]
A. 
Each application for initial water service (to include tap installation if necessary) shall be accompanied by a fee as stipulated below:
Tap Size
(inches)
Inside Village Rate
Outside Village Rate, Out of District
Outside Village Rate, In District
Up to 3/4
$150, plus actual cost of materials
$250, plus actual cost of materials
$250, plus actual cost of materials
1
$200, plus actual cost of materials
$250, plus actual cost of materials
$250, plus actual cost of materials
1 1/2-2
$250, plus actual cost of materials
$250, plus actual cost of materials
$250, plus actual cost of materials
2 1/2-3
$250, plus actual cost of materials
$250, plus actual cost of materials
$250, plus actual cost of materials
3 1/2-4
$250, plus actual cost of materials
$250, plus actual cost of materials
$250, plus actual cost of materials
4 1/2-6
$250, plus actual cost of materials
$250, plus actual cost of materials
$250, plus actual cost of materials
6 1/2-8
$250, plus actual cost of materials
$250, plus actual cost of materials
$250, plus actual cost of materials
B. 
If a water tap is required, the property owner shall be required to pay the actual cost of materials plus any costs or expenses of installing piping under a roadway necessary to install such tap. Said payment shall be in addition to the fee set forth in § 63-20A.
[Amended 7-16-2007 by L.L. No. 2-2007]
Water payments are due and payable at the Village Office quarterly for water used during the preceding quarterly period, and the quarterly periods shall begin on the dates as follows: April 1, July 1, October 1 and January 1. Water bills shall be sent by the Village to nonmetered and metered water users quarterly for payment within 30 days from the date of such bill without penalty. It shall be the duty of the property owner, in the event he/she shall not receive a bill, to contact the Village Office concerning payment within the time period allowed for payment without penalty. The penalty for late payments shall be 6% of the unpaid bill for payments received after the due date, provided that payments received 30 days or more after the due date shall be charged a penalty of 10% of the unpaid bill.
[Amended 7-16-2007 by L.L. No. 2-2007]
In addition to the other remedies provided herein as to those users who in any way violate any provision of this chapter, the Village shall have the following rights with respect to the collection of past-due payments:
A. 
A property owner shall be responsible for the payment of all unpaid usage charges, expenses, fees and penalties which may accrue from or be imposed upon such property owner for water use, service or otherwise.
B. 
As to those users of water concerning properties situate within the boundaries of the Village, all water payments, including expenses, fees and penalties not paid for any quarter of service shall be added to the Village tax roll.
C. 
As to those users of water concerning properties situate outside the boundaries of the Village, but within a Town of Malone water district, all water payments, including expenses, fees and penalties not paid for any quarter of service shall be added to the Town of Malone tax roll.
D. 
Users of water to whom water service is supplied outside the boundaries of the Village and outside the limits of a Town of Malone water district shall be subject to disconnection if any bill for water usage, including expenses, fees, penalties and legal fees and expenses incurred by the Village to collect delinquent usage charges and like, is not paid within 60 days after it has been rendered.
E. 
When the water is shut off for nonpayment of bills or for violations of this local law, the same will not be turned on again until all bills are paid, including the expense of shutting off and turning on the water as set forth in § 63-5A.
In all cases where, in the judgment of the Village Board, the established rates do not adequately compensate the village for the actual use of village water, the Village Board may establish a rate which, in its judgment, shall be just and proper. In such cases, the village shall provide the user with 30 days' written notice by registered or certified mail, return receipt requested, within which time the user or applicant may file an appeal with the Village Board.
In any and all cases of fraudulent misrepresentation by an applicant or user or of waste or improper use of water or allowing water to run to prevent freezing or its use for any purpose or to any greater extent than shall be covered and paid for by the quarterly payments paid by the applicant and/or user, the village shall have the right to charge such additional amounts as it may deem proper and/or may, in its discretion, turn off the water from the premises upon which such abuse shall be practiced and/or may impose the penalties described hereinafter, subject to 30 days' written notice by registered or certified mail, return receipt requested, within which time the user or applicant may file an appeal with the Village Board.
A. 
In addition to any penalties herein provided and those penalties provided by the Penal Law of the State of New York, any user of village water and/or applicant who violates any of the provisions of this local law shall be subject to the following penalties and/or fines:
(1) 
The discontinuance of water supply.
(2) 
A fine of $500 for each violation.
(3) 
Any and all court costs and the reasonable legal fees and disbursements of the Village Attorney and/or the prosecuting attorney.
(4) 
Whatever other fines, penalties and/or conditions as may be imposed by the court.
B. 
Any user or applicant who desires village water and/or accepts the same does so with the express condition and understanding that he is subject to the jurisdiction of the Village Court of the Village of Malone or whatever court the village should choose as a forum to prosecute said violation.
C. 
Prior to invoking any of the penalties prescribed herein, except for the addition of unpaid water rents, interest and/or penalties to the village taxes of any user whose property is situate within Malone Village, the village shall provide the user and/or property owner with 30 days' written notice by registered or certified mail, return receipt requested, which notice shall reasonably detail the alleged violation and the remedy sought to be imposed by the village. The user and/or property owner shall then have 30 days to file a written appeal with the Village Clerk, and the Village Board shall allow the user and/or property owner to orally present his appeal at a regular Village Board meeting to be held within 30 days after the receipt of the written appeal by the user and/or property owner. If the Village Board denies the appeal, the village shall then invoke the remedies provided herein, in compliance with law.
If any provision of this local law shall be held unconstitutional or invalid in whole or in part by any court of competent jurisdiction, such holding of unconstitutionality or invalidity shall in no way affect or impair any other provision of this local law or the application of any provision to any other person or circumstances.
All ordinances, statutes or local laws of said Village of Malone, or parts thereof, which in any manner conflict with the terms and provisions of this local law are hereby repealed.
This local law shall take effect immediately upon filing with the Secretary of State.