Village of Dundee, NY
Yates County
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Table of Contents
Table of Contents
[Adopted 5-13-1975 by L.L. No. 1-1975 as Ch. 45 of the 1975 Village of Dundee Municipal Code]
The following rules and regulations are established by the Board of Trustees of the Village of Dundee, and every person who shall be supplied or whose property shall be supplied automatically accepts said rules, and the same shall constitute a part of the contract between such persons and the village. Wherever the word "consumer" shall be used in these rules and regulations, it shall mean the owner of the property.
Applications for a water service pipe from the street main to the curb must be in writing. All excavations and backfills necessary for the installation of said service pipe and the tapping of the main shall be made by the village to the property line. The village assumes all liability in case of damages of any kind which may arise during the progress of such work or by reason thereof. Warning lights, barricades, railings and all other necessary means of protection against accidents shall be provided by the village to the property line.
A separate tap is to be required for each lot supplied with water. This tap shall be made by an employee of the Village of Dundee, and the cost shall be borne by the consumer.
The entire cost of materials and installation shall be borne by the consumer. The installation of said service from the street main to the curb shall be made by the Village of Dundee at the expense of the consumer. The installation of the service beyond the curb on private property must be performed by the consumer.
All service pipe used between the street main and the building or within the limits of the premises shall be of a type approved by the village.
A. 
Service pipes will be required to be laid not less than 54 inches below the surface of the earth. This applies to the established grade, where it has been fixed. A water service pipe cannot be laid in the same trench with a sewer lateral and shall be at least six feet apart, except that a copper water service pipe may be laid in the same trench with a sewer lateral but at least 18 inches therefrom.
B. 
All services are to be inspected by a representative of the village before the trench is backfilled.
[Amended 5-23-1989 by L.L. No. 2-1989]
The owner of the property into which water is supplied by a service pipe shall be required to maintain, at his own cost and expense, said service pipe from the curb to his property. Failure to make necessary repairs after due notice, in writing, by the village will result in the water being shut off until satisfactory repairs are made. Maintenance of the service pipe from the street main to the curb cock will be performed by the village. It shall be the responsibility of the owner of the serviced property to promptly notify the village of any damage to the curb cock.
The curb cock controlling any service shall not be opened or left open by any person unless said service is equipped with a meter to measure the water used. Any deviation from this rule shall be granted only by a special permit. No person except employees of the village will be allowed to operate curb cocks unless authorized by the village.
[Amended 5-23-1989 by L.L. No. 2-1989]
All services, except those used exclusively for fire purposes, shall be metered. The village shall approve and supply the meters, and all repairs shall be made by the village. Residential and commercial meters are purchased by the village and backcharged to the user or landowner. Meters damaged as a result of user/landowner negligence shall be replaced at the expense of the user/landowner. "Commercial service" shall be any service having larger than a three-fourths-inch tap.
The village shall be responsible for periodic tests of all water meters so as to maintain the meters in proper working condition.
All water meters shall be located in an accessible part of the building or basement so that they may readily be read or removed. When placed in a pit, specifications for such a pit must be obtained at the Village Clerk's office. Just inside of the basement wall or pit wall into which the service pipe extends, a stop and waste cock shall be placed ahead of the meter. On all water meters two inches or more in size, a bypass shall be installed under village specifications.
All water meters, when set, shall be sealed to prevent tampering. No person except an authorized employee of the village shall break such seal or tamper with such water meter.
Any employee of the village, upon proper identification, shall have the right to enter upon any premises where village water is being supplied for the purpose of inspecting, installing or removing the water meter, plumbing and fixtures of the water service and all work in connection with the service or reading the water meter.
The village shall not be liable for any damage which may result to any person or premises on account of shutting off the water from any main or service in case of an emergency or for any other purpose whatsoever, even in cases where notification is not given, but the village will try to notify consumers as soon as possible.
Where fire service is allowed, the entire cost of materials, installation and maintenance of the service from the main to the building, or within the limits of the premises, shall be borne by the consumer. Failure to make proper repairs of the system after due notice will result in the water being shut off.
If a meter register fails to record the amount of water used due to a stopped meter or other cause; the consumer shall be charged either at the average daily consumption for the previous period that the meter was last read or the corresponding period of the previous year, whichever the village deems most appropriate and fair.
A. 
Lien. Unpaid water rents shall constitute a lien upon the premises served until paid.
B. 
Leased premises; enforcement, In case of leased premises, if the occupant thereof neglects to pay any water rent owed by him when due and he shall move from such premises to another served by the village water system, no application for water service shall be granted until the delinquent rent has been paid. In no event, however, shall the lien for unpaid water rents expire until said rents are paid.
C. 
Multiple tenants. Where there are two or more tenants occupying premises served by one water meter, the water rent shall be billed and collected directly from the owner thereof. In no case shall the Village bill such tenant or tenants.
[Added 5-26-2015 by L.L. No. 4-2015[1]]
A. 
In order to ensure the continued functioning of the Water Department and the water treatment plant of the Village and to ensure their proper operation, repair and maintenance, the Village establishes herein a formula for fixing rates for the use of potable water provided by the Village of Dundee.
B. 
With the exception of consumers of Village water pursuant to a contract between the Village of Dundee and any other town, village or special district, the following provisions shall be applicable for computation of rates for water consumption by customers of the Village water system.
C. 
In addition to any and all other fees and charges provided by law, regulation or resolution, every person who shall be supplied or whose property is or may be supplied with water by the Village of Dundee shall be billed quarterly at rates pursuant to the following formula: quarterly TUC = {(FUC x EDU) + (VUC x # of gallons consumed divided by 1,000)} divided by 4.
The components of the formula are:
(1) 
Total user cost (TUC): the quarterly amount of the customer's water bill.
(2) 
Fixed user cost (FUC): computed as the annual costs of all indebtedness related to the operation of the Dundee municipal water system, divided by the total number of EDUs;
(3) 
Equivalent dwelling units (EDU): a factor representing the customer's premises as set out in the EDU documents filed with the Village Clerk and adopted or amended by resolution after public hearing upon at least five days' notice posted and published.
(4) 
Variable user cost (VUC): computed as the total of the annual operating and maintenance costs related to the operation of the Dundee municipal water system, divided by the anticipated annual water production and expressed as a cost per 1,000 gallons.
D. 
Customers outside the Village limits will be billed quarterly at 1 1/2 times the costs at which a similarly categorized water customer within the Village would be billed or a fixed surcharge rate, as determined from time to time by resolution duly adopted by the Board of Trustees of the Village of Dundee, subsequent to a public hearing held upon five days' notice, posted and published.
E. 
The turn-on fee, water tap fee, rate for customers outside the Village limits and penalty fees shall be established by resolution duly adopted by the Board of Trustees of the Village of Dundee subsequent to a public hearing held on at least five days' notice posted and published.
[1]
Editor's Note: This local law also superseded former § 134-18, Water and sewer rates; payment of bills, as amended. Local Law No. 4-2015 also stated that it would be effective for water consumption readings taken after June 1, 2015, and billed on or after June 1, 2015.
A. 
A violation of any provision of this article, except nonpayment, shall constitute a violation punishable as provided in § 1-6, Penalties for offenses, of Chapter 1, General Provisions, of this Code.
[Amended 5-23-1989 by L.L. No. 2-1989]
B. 
The Board of Trustees may enforce obedience of this article by injunction.