[HISTORY: Adopted by the Board of Trustees of the Village
of Hillburn 9-30-1958 (Ch. 41 of the 1977 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building and fire prevention codes — See Ch.
80.
Excavations and topsoil removal — See Ch. 110.
The management of the water system shall be under the supervision
of the Board of Trustees.
A. Meters authorized. When the Board of Trustees of the Village of Hillburn
makes a determination on a certain date that all water supplied to
business and residential properties, as hereinafter defined, will
be supplied and sold by measurement only, then and thereafter all
water used by business customers and residential customers of the
Water Department shall be metered.
B. Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
RESIDENTIAL PROPERTIES
Properties used solely for residential purposes and in which
no trade or occupation is carried on for profit.
The Village will supply and install one meter, together with
necessary valves, in each business and residential property at the
expense of the Village. In the event that the pipes of the consumer
are not in proper condition for the installation of a meter, the customer
shall cause said pipes at the point at which said meter is to be installed
to be put in proper condition prior to the installation of said meter.
No person shall make any attachment to or connection with any
of the pipes or mains of the Village, nor make any repairs, additions
or alterations to service pipes, except on the consumer's side
of the meter, without prior written notice to the Village, and no
pipes shall be covered until said repairs, additions or alterations
have been inspected by a representative of the Village.
A. The Village will lay and maintain service pipes from the main to
the curb cock. Service pipes from the curb cock to the meter shall
be laid at least four feet below the surface of the ground at all
points. Red or white lead joint compound shall be used on the male
threads only between the main and the meter. No tee or other fitting
through which water can be taken will be permitted on service pipes
between the main and the meter. No branch will be allowed to be inserted
in any service pipes without a written permit from the Village.
[Amended 6-14-1978 by L.L. No. 1-1978]
B. No pipe or fixtures connected with the mains of the Village shall
also be connected with pipes or fixtures supplied with water from
any other source, unless specifically approved by the Department of
Health of the State of New York.
In the event that a change in ground elevation leaves a service pipe insufficiently buried, the consumer shall promptly lower or raise his service pipe to conform to the new ground elevation. In case the consumer fails or neglects to make such alterations promptly, the supply of water will be shut off until the alterations are completed, and a charge, defined in §
235-26, will be made to cover the labor and expense by the Village resulting from the consumer's failure so to do.
[Amended 4-13-1983 by L.L. No. 1-1983]
A. Service pipes and meters, including readout meters, and the appurtenances
thereto shall be kept in good repair and protected from frost, accident,
neglect and abuse by the customer at his expense. The owners of premises
into which water is introduced by a service pipe shall be required
to maintain in perfect order and repair, at the owner's expense,
said service pipe and its fixtures and appurtenances from the curb
box to and into the premises. The customer shall notify the Village
promptly of any leak, defect or damage affecting the service pipe
between the property line and the point where metered.
B. In the event that the water meter or readout meter is damaged by
frost, accident, neglect or abuse, the Village shall have the right
to repair or replace said meters, and the consumer shall be liable
for the actual cost of materials and labor to effect such replacement
or repair.
In case a building is to be closed or become vacant, notice thereof shall be given the Village in order that the meter may be read and the curb cock closed. The meter shall be removed and stored by the Village. Where such notice is not given and pipes burst from freezing or other cause, or where the meter is damaged or destroyed by an act of commission or omission of the owner, the value of the water lost by reason thereof, as estimated by the Village, together with the cost of repair of said meter and pipes, together with the additional sum defined in §
235-26, shall be paid prior to the installation of a new meter in said building.
A. Where a water meter fails to register the correct quantity of water delivered through it or where it otherwise becomes out of order or in need of repair, notice thereof shall be given the Village. Another meter will then be loaned and installed during the time required for testing and repair. The Village will cause the meter to be tested, and if the meter, on test, is found to be registering over 3% more water than actually passes through it, no charge will be made for the test if the test was requested by the owner. Otherwise, a charge as defined in §
235-26 to cover the cost of removing, testing and resetting the meter will be made to the consumer requesting such a test.
B. If a meter is out of order and fails to register, the consumer will
be charged at the average consumption as shown by the meter when in
order.
C. No seal placed by the Water Department for the protection of any
meter, valve or other water connection shall be tampered with or defaced.
If the seal is broken, the Water Department reserves the right to
remove and test the meter at the customer's expense, and a charge
as set from time to time by the Village Board of Trustees will be
levied against the customer for the quarter.
[Amended 6-14-1978 by L.L. No. 1-1978]
A. No person shall open, interfere with or draw water from any fire
hydrant in the Village without a written permit from the Village therefor,
except that hydrants may be opened by or on the order of any member
of a Fire Department within the Village in case of fire for the purpose
of attaching thereto fire hose and equipment.
B. Whenever a hydrant has been opened and used, notification of such
fact shall be promptly given the Village.
C. No tools or implements shall be used to open hydrants except such
as are furnished by the Village or by the Fire Department.
A. Where water has been turned off by direction of the Village, it shall
not be again turned on without the permission of the Village.
B. Where a consumer requests that water service be temporarily shut off, except for emergency repairs and charges not covered by §
235-8, charges as set from time to time by the Village Board of Trustees shall be paid:
[Added 2-25-1981 by L.L. No. 4-1981]
(1) For disconnect from the Village water system.
(2) For reconnection of water service after voluntary disconnect.
[Amended 10-13-1960; 3-31-1971; 6-14-1978 by L.L. No. 1-1978; 6-25-1980 by L.L. No. 1-1980; 7-29-1981 by L.L. No. 6-1981; 1-13-1982 by L.L. No. 1-1982; 6-29-1988 by L.L. No.
2-1988; 6-26-1991 by L.L. No. 4-1991; 3-25-1998 by L.L. No. 1-1998; 2-13-2002 by L.L. No. 1-2002; 1-16-2008 by L.L. No. 1-2008]
[Amended 10-13-1960; 6-14-1978 by L.L. No. 1-1978]
A. Bills for water service shall become due and payable to the Village,
and such payment shall be made to the Village Clerk at the office
of the Village Clerk semiannually for the semiannual period, respectively,
ending on the 31st day of January and the 31st day of July.
B. For water bills not paid within the payment period from dating, an
extra charge of 10% will be added.
[Amended 2-2-1994 by L.L. No. 1-1994]
[Amended 6-14-1978 by L.L. No. 1-1978; 7-11-1984 by L.L. No. 2-1984]
Water rents and charges and penalties thereon shall be a lien
upon the real property upon which the water is used and may be collected
in accordance with § 11-1118 of the Village Law. If said
water rents, charges and penalties are re-levied pursuant to § 11-1118
of the Village Law, the Village Clerk shall add a re-levy charge of
$20 for each unpaid water rent period then past due.
[Amended 10-13-1960; 6-14-1978 by L.L. No. 1-1978]
Notice in writing delivered to the office of the Village Clerk
at least 10 days before the beginning of a semiannual billing period
shall be required in all cases of application for discontinuance of
water service, otherwise the consumer shall be liable for the minimum
charge for the following semiannual period.
A. Each building or parts thereof having unrelated occupancy or distinctive
use shall, at the option of the owner, have a separate meter, but
said meter shall be secured from the Village and paid for by the owner,
together with the cost of installation thereof.
B. The charge for said securing and installation of said separate meter
shall be as set from time to time by the Village Board of Trustees.
[Added 6-16-1982 by L.L. No. 3-1982]
Water required for construction or other temporary purpose shall
only be used after written application to the Board of Trustees for
permission to use the same, and the Board shall have the right and
power to fix such terms as the Board may deem proper for such temporary
use.
Whenever any of the provisions of these rules, regulations and
ordinances are violated, the water supply may, in the discretion of
the Village, be shut off and the meter removed.
The Village or its authorized agents shall have full power to
enter the premises of any consumer at all reasonable hours to install
a meter, read a meter and examine the fixtures, plumbing and manner
of using water.
In all places where steam boilers, hot-water tanks, refrigerating
or air-conditioning units are supplied with water from the water system,
the owner or consumer must see that the plumber places a suitable
safety valve, vacuum valve or other proper device to prevent damage
from collapse or explosion when water is shut off. The Village shall
not be liable for any damage resulting from sudden shutting off of
the supply of water from any steam boiler or other fixture deriving
its supply from the water system.
The Village reserves the right to limit the amount of water
furnished to any consumer should circumstances seem to warrant such
action, although no limit may be stated in the application or permit
for use; or said Village may entirely shut off the water supply used
for any manufacturing purposes or for furnishing power or for lawn
sprinkling at any time by giving reasonable notice of such intended
action or, in the case of making or constructing new work or in making
repairs or in an emergency, the right is reserved to shut off the
water from any consumer without notice for as long a period as may
be necessary.
The Village shall not be liable for any damage or loss of any
kind to property or persons which may arise from or be caused by any
change, diminution in or increase of the water pressure from any cause
whatever.
[Amended 6-14-1978 by L.L. No. 1-1978]
A. Service pipes and fittings, from the curb cock to the meter, shall
conform to such standards and shall be of such make and type as the
Village Board shall direct and shall be of such size as the Village
shall deem proper. The minimum size for any service hereafter installed
shall, however, be 3/4 inch. Service pipes from the curb cock to the
meter less than two inches in diameter shall be of pure, seamless,
soft-tempered copper tubing with flared bronze fittings or red brass
pipe. Tubing shall be of the following thicknesses:
|
Normal Pipe Size
(inches)
|
Outside Diameter of Tubing
(inches)
|
Type
|
---|
|
3/4
|
7/8
|
K
|
|
1
|
1 1/8
|
K
|
|
1 1/2
|
1/8
|
K
|
B. No soldered joints shall be permitted in copper tubing underground.
The Village may discontinue water service and shut off the supply
from any premises the owner or occupant of which has failed to comply
with the provisions of any ordinance relating to the character or
construction and maintenance of pipes and connections and the use
of water. Such service will not be resumed until the cause of such
discontinuance is removed and the expense of shutting off and turning
on the water, if any, is paid to the Village Clerk.
All persons who hereafter make application for water service
or who continue the use of the water service after the taking effect
of the foregoing ordinances will be deemed to have assented thereto
and to have agreed to conform to the provisions of said ordinances
and to pay the water rates hereby established.
[Amended 3-31-1971]
A. The charges and monetary amounts referred to in preceding sections as defined in §
235-26 may be changed from time to time by specific action of the Village Board. The schedule of these charges and monetary amounts now in force shall be as set from time to time by the Village Board of Trustees.
[Amended 6-14-1978 by L.L. No. 1-1978; 6-26-1991 by L.L. No. 4-1991; 3-25-1998 by L.L. No. 1-1998; 2-13-2002 by L.L. No. 1-2002; 1-16-2008 by L.L. No.
1-2008]
B. The size of the meter is to be determined by the Village Board.
C. For renewal of old water service line, the owner will be billed for
the actual cost.
[Amended 4-15-1981 by L.L. No. 5-1981]
The violation of the provisions of §§
235-2,
235-3,
235-4,
235-5,
235-6,
235-9,
235-10,
235-11 and
235-17 hereof by any person shall constitute disorderly conduct, and a person violating any of said sections shall be a disorderly person and shall be subject to arrest, prosecution and punishment as provided in § 338 of the Village Law. The penalty for each and every violation of any of said sections shall be an amount not exceeding $250.
The right is reserved to change and amend these rules, regulations
and ordinances, to make special rates, variations and contracts in
all proper cases or to turn off the water supply without notice in
case of extensions, repairs or other necessity, without liability
for damages for lack of water or for any damage which may result from
the turning off of the water supply.
Any change not provided heretofore shall be by special application
to the Village Clerk, who shall render a charge equivalent to the
reasonable cost for such special service at the prevailing hourly
rates and materials used, and this section shall apply to such services
as inspections to locate and repair ruptures or other damage caused
by acts of parties performing for themselves or others work of any
nature.
Notwithstanding any statute or law to the contrary, the Village
shall not be liable for any act or omission in respect to water service,
and every user of such water service hereby waives any right of action
or claim against the Village that might arise by reason of any act
or omission of the Village or any of its officers, employees or agents
in conducting the affairs of such water system and service.