[Amended 5-14-2007 by L.L. No. 4-2007]
The Department of Water shall be directed by a Superintendent
of Water, who may be appointed by the Mayor at his/her discretion.
In the absence of a Superintendent of Water, the Department of Water
shall be directed by a department head designated by the Mayor. He/she
shall serve at the pleasure of the Mayor during his/her term of office.
The Department shall keep regular and full books of account
of all its transactions and proceedings and an accurate record of
each fund subject to its warrants showing at all times the amount
of warrants drawn against such fund separately and the balance thereof
unexpended. It shall, before the water rates hereinafter provided
for shall become due, prepare and deliver to the City Chamberlain
a list giving the names of persons and corporation receiving water,
with the amounts due from them, together with a brief description
of the property against which the water is a charge, giving street
and street number when possible, and such other description as the
Department may deem necessary, and at the same time prepare and furnish
to the persons liable to pay the same and water bills to correspond
with such lists, which bills or duplicates thereof furnished by said
Department shall be presented to the Chamberlain to be receipted by
him when said bills are paid.
The Chamberlain shall, on the twentieth day after such bills
shall become due, deliver to the Department a list of all water rates
then unpaid.
All water rates shall be paid directly to the City Chamberlain
by the person owing the same. Such water rates shall be, like other
taxes and assessments of said city, a lien and charge upon such premises
and buildings as are so supplied and, if unpaid, may be added to the
annual city tax on the property to or for which such water was furnished.
All moneys paid by customers or persons for services, renewals or
repairs or any other service rendered or materials, supplies or labor
furnished shall be paid direct to the City Chamberlain upon an invoice,
bill or memorandum issued by said Department to the customer or person
receiving the same.
The Superintendent of Water shall have custody, management and
control of the property which makes up the water system of the City
of Oswego, including lands, water, water rights, reservoirs, mains,
pipes, real estate, personnel and equipment acquired by the City of
Oswego for the purpose of supplying water to citizens of the City
of Oswego and the surrounding area. It shall, however, continue to
be the duty of the Department of Fire to remove snow and ice from
around fire hydrants during the winter months. The Department of Water
shall have the following powers and be subject to the following restrictions:
A.
It shall be the duty of the Water Department, as far as is practical,
to furnish for the City of Oswego and its inhabitants, a sufficient
supply of good wholesome water.
B.
The Department of Water shall shut off any service whose water rates
remain unpaid for thirty (30) days, excepting water furnished the
United States and State of New York, County of Oswego. A reasonable
fee shall be fixed by the Common Council to be charged and collected
for turning the water on after same has been shut off.
C.
The agents and employees of the Department of Water of the City of
Oswego are hereby authorized to enter between the ours of 8:00 a.m.
and 5:00 p.m. any premises or building being provided water by the
City of Oswego, said entry to be only for the purpose of making an
inspection of the water supply or to ascertain the manner in which
it is to be used, after presenting to the property owner proper identification
that they are Department of Water employees. Should the owner or occupant
of the premises refuse to permit such entry, the Department of Water
shall have the right to discontinue service therefrom.
D.
The Department of Water shall, among other records, keep a register
of the names of all persons and corporations furnished with water,
together with the rate charged, and such register shall be kept in
such a manner as shall be easily understood by and easily accessible
to the public during office hours.
Said Department may require the services of the City Engineer
in all matters pertaining to said Department requiring the services
of a civil engineer and surveyor, and it shall be the duty of the
City Engineer to perform such services when so required.
The Mayor and Common Council of the City of Oswego shall fix
rates to be paid by water users for water furnished by the Department
of Water of the City of Oswego. In addition to fixing of rates, the
Common Council shall have the authority to fix the method in which
they are to be collected, the fees for installing service and redoing
service to both the citizens of the City of Oswego, surrounding water
districts and the Town of Minetto.
No person, except under the direction of the department, shall
tap a water main or pipe belonging to said city, and no person, without
a written permit from the department, shall make any connection with,
addition, alteration or extension to or of any water main or pipe
belonging to the city or connected with the city water mains or pipes.
A violation of this section is hereby declared to be a misdemeanor.
(1)
No such permit shall be granted to or renewed for an applicant who
is in violation of any City of Oswego code, ordinance or local law
(hereinafter "violations") or who owes property taxes, water or sewer
fees, special assessments, fines for violations of City ordinances
or any other fees or past due monies of any name or nature owed to
the City of Oswego (hereinafter "unpaid monies").
[Added 2-9-2015 by L.L.
No. 2-2015; amended 8-14-2015 by L.L. No. 6-2015]
(a)
The applicant shall have the burden of providing proof in a
form acceptable to the department that there are no such violations
or unpaid monies.
(b)
In the event that the applicant has accrued violations or unpaid
monies, such permit or renewal thereof shall be denied regardless
of whether such violations or unpaid monies relate to a parcel of
real property for which the application is made or another parcel
owned by applicant or are personal to the applicant.
(c)
In the event that the applicant has accrued violations or unpaid
monies, such permit or renewal thereof shall be denied regardless
of whether such violations or unpaid monies occurred or accrued before
the effective date of this local law.
(d)
Such permit, once granted, shall be revoked in the event that
the applicant accrues violations or unpaid monies, or violations or
unpaid monies are discovered, after the permit is granted. The revocation
shall take effect five business days after receipt by the permit holder
of notice from the City of Oswego of the pending revocation. Upon
such revocation, all permitted activities and privileges shall immediately
cease.
(e)
No application fees shall be refunded upon revocation of the
permit.
(f)
The applicant must reapply for the issuance of such revoked
permit by submitting a new application and paying all necessary application
fees, and any such permitted activities or privileges may only be
resumed once a new permit has been granted.
(g)
All requirements set forth herein shall also apply to nonperson
entities and such permit or renewal thereof shall be denied to an
entity, or revoked, if a person with a substantial interest in such
entity owes such unpaid monies or has accrued such violations. A "person
with a substantial interest" shall mean an ownership interest of more
than 10% of, membership on the governing board of, holding an office
in or holding the ability to cast or control more than 10% of the
votes in such entity.
(2)
Notwithstanding the provisions contained in this section to the contrary,
when in the opinion of the Director of Code Enforcement the issuance
of a permit is necessary to prevent harm to life, safety, or the general
welfare of the public, the Director of Code Enforcement shall be authorized
to issue said permit for the sole and exclusive purpose of bringing
such violations into compliance with the Code of the City of Oswego.
Nothing contained herein shall relieve the property owner from complying
with all other applicable sections of the Code including, without
limitation, the provisions contained in this section.
[Added 4-10-2017 by L.L.
No. 2-2017]
No person shall make any addition, alteration or extension of
any tap, pipe, cock or other fixture connected with the water mains
or pipes supplying water to consumers from said Department of Water,
except by a person who shall have obtained a certificate of competency
from the Examining Board of Plumbers in the City of Oswego and who
shall have executed a bond to the City of Oswego in the penal sum
of one thousand dollars ($100.), with such conditions as shall be
prescribed by the Department. A violation of this section is hereby
declared to be a misdemeanor.
The Water Department shall pay all claims and demands following
due audit, as provided by law by warrants drawn by the City Chamberlain
against funds on hand, subject to draft by the Department. Said vouchers
to be subject to audit by the Audit Committee of the Common Council.
Said Department of Water, in behalf of the City of Oswego and
all persons acting under its authority, shall have the right to use
the ground or soil of any street, highway or road within the County
or Oswego for the purpose of laying mains and making extensions and
erecting and maintaining poles and maintaining and introducing water
into and through any portion of the City of Oswego or adjoining towns
or for the purpose of introducing and maintaining water into and through
any portion of the Town of Minetto, on condition that they shall cause
the surface of said street, highway or road to be relaid and restored
to its usual state and all damage done thereto to be repaired to the
satisfaction of the Commissioner of Public Works of said city or the
Superintendent of Highways of the town.
[Added 9-25-2017 by L.L.
No. 5-2017]
In the event that all or any portion of a water or sewer bill
shall remain unpaid after the 30th calendar day from the date of billing,
the City Chamberlain is authorized to send notice by regular mail
or personal service to the property owner, stating that the water
service will be terminated unless the unpaid balance of the water
or sewer bill, plus penalty, interest and administration fees, as
provided herein, is paid in full on or before the 10th day from the
date of the notice. The notice to the property owner shall state that
the property owner is entitled to an administrative hearing before
the City Chamberlain, or the Chamberlain's designee, and the Audit,
Finance and Budget Committee of the Common Council, for the purpose
of challenging the amount of the water or sewer charges alleged to
be due, penalties, interest and administrative fees, provided that
written notice of the request for such administrative hearing is received
by the City Chamberlain on or before the 10th day from the date of
notice. Upon completion of the administrative hearing, the Audit,
Finance and Budget Committee, by majority vote, shall issue a determination
in regards to the challenge of the property owner.
