[Added 4-28-2015 by Res. No. 28-15]
As used in this article, the words and phrases listed below shall be deemed to have the following meanings:
APPLICANT
The owner or occupant of property, or his or her authorized agent, applying for water service from the City.
CONSUMER
The owner or occupant of premises to which water service is furnished as provided in this chapter.
CUSTOMER
The consumer of record receiving water service from the City.
DATE OF PRESENTATION
The date upon which a bill or notice is mailed or delivered personally to the customer.
DEPARTMENT or DEPARTMENT OF PUBLIC WORKS
The City of Olean Department of Public Works.
FIRE PROTECTION SERVICE
Delivery of water to premises for automatic fire protection.
BUILDER, CONTRACTOR or REAL ESTATE DEVELOPER
Any person owning or having an interest in a plot or tract of land who applies for a supply of water to such premises which are intended to be sold, conveyed or leased by said person to an owner or occupant.
CITY
The City of Olean.
CROSS CONNECTION
Any unprotected connection between any part of a water system used or intended to supply water for drinking purposes and any source or system containing water or any substance that is not or cannot be approved as equally safe, wholesome and potable for human consumption.
DEPARTMENT
The City of Olean Water Division of the Department of Public Works of the City of Olean.
INDUSTRIAL SERVICE
Delivery of water to a customer for use in manufacturing or processing activities.
MAIN EXTENSIONS
Extension of distribution pipelines, exclusive of service connections, beyond existing facilities.
METERED PREMISES
The integral property or area, including improvements thereon, to which water service is or will be provided. The word "premises," as used herein, shall mean any structure, or component thereof, serviced by its own individual meter.
OWNER
The person who has legal or equitable title to the premises and who is ultimately responsible for unpaid water charges which are levied against the property.
OWNER'S SERVICE PIPE
The pipe or tubing leading from the curb stop and curb box across the customer's or other person's property to the building, structure or premises.
PERSON
An individual, firm, association, lessee or corporation, either public or private.
PRIVATE STREET
Any street, avenue, road or way that is not for any highway purpose under the jurisdiction of the legislative body of a village, town, city, county or the State of New York.
PUBLIC STREET
Any street, avenue, road or way that is for any highway purpose under the jurisdiction of the legislative body of any village, town, city, county or State of New York.
RESIDENTIAL SERVICE
Delivery of water to one- to four-family residential dwellings for household residential purposes, including water for sprinkling lawns, gardens, and shrubbery; watering livestock; washing vehicles; and other similar and customary purposes.
SERVICE CONNECTION
The tap or connection to the main, corporation stop, curb box, curb stop, and sufficient tubing or pipe to connect the corporation stop to the curb box.
SPECIFICATIONS
The written requirements adopted by the Department and published for general reference concerning requirements for work and materials related to the water system.
WATER BILL
A bill that includes but is not limited to water and sewer charges, rents, and corresponding late fees and penalties.
WATER SYSTEM, WATER SUPPLY SYSTEM or PUBLIC WATER SUPPLY
The entire system of pipes, valves, buildings, reservoirs, plants, wells, and other facilities owned by the City and used for the supply, treatment, storage and transmission of water.
[Added 4-28-2015 by Res. No. 28-15]
(a) 
Generally. The owner of any house, building, or property used for human occupancy, employment, recreation, or other purpose, situated within the City and abutting on any street, alley, or right-of-way in which there is now located, or may in the future be located, a public potable water main of the City, is hereby required, at his expense, to connect such facilities directly with the proper public potable water main in accordance with the provision of this article, within 90 days after the date of official notice to do so, provided that potable water is required by the New York State Uniform Fire Prevention and Building Code.
(b) 
Private water wells; use. The installation of private water wells in the City is prohibited unless permission is obtained through a resolution of the Common Council. Any private water well authorized by the Common Council shall be for nonhuman consumption purposes only and in no way shall such well be connected to the water system, nor shall it discharge into the sanitary sewer system.
[Added 4-28-2015 by Res. No. 28-15; amended 5-25-2021 by Res. No. 28-21]
(a) 
Supply. The Department will exercise reasonable diligence and care to deliver a continuous and sufficient supply of water to a customer at a proper pressure and to avoid any shortage or interruption in delivery. The Department has, however, the right to limit the amount of water furnished.
(b) 
Quality. The quality of water supplied will meet or exceed all regulatory requirements of the Department of Health for a public water utility.
(c) 
Service area. The City will supply water to the City of Olean and may supply the same to other Water Districts and other potential users based upon an inter-municipal agreement. The Department reserves the right to refuse or limit service to any consumer located outside the City if the supply of water for the City or its inhabitants becomes insufficient because of such outside service.
[Added 4-28-2015 by Res. No. 28-15]
(a) 
Residential.
(b) 
Commercial.
(c) 
Industrial.
(d) 
Fire Protection.
[Added 4-28-2015 by Res. No. 28-15]
(a) 
Generally. All applications for the use of water must be made, in writing, on forms provided by the Department and signed by the owner of the property where service is to be provided.
(1) 
No agreement will be entered into by the City with any applicant for service until all charges due from the applicant for water services at any premises now or heretofore owned or occupied by him which are in arrears shall have been paid.
(2) 
When acted upon by the Department, the application shall constitute a contract between the City and the owner obligating the owner to be responsible for the payment to the City of the established rates and charges and further obligates the owner and any consumer at the property to comply with the Department's rules and regulations. The City shall have all remedies at law and at equity available for the enforcement of the contract, including the collection of rates and charges, and the contract may be terminated by the City without recourse of the applicant, its successors and/or assigns.
(3) 
Applications will be accepted subject to there being an existing main owned by or under the management and operation of the City and/or a municipal system in a street, right-of-way or easement abutting the premises to be served. Acceptance shall in no way obligate the City to extend its mains to service the premises except as hereinafter provided.
(b) 
Separate application for each premises. A separate application must be made for each metered premises as defined in Section 27-2. Submetering may be permitted subject to the approval of the Department; unless so approved, submetering is prohibited.
(c) 
Notification of discontinuance. Any consumer desiring to discontinue the use of water must notify the Water Department, and an employee of the Department will shut the water off at the curb. No rebate will be made for any period of discontinuance.
(d) 
Temporary service. Application of builders, contractors, real estate developers and others for temporary water service may be accepted and temporary water service may be supplied, providing it does not interfere with use of water for other customers. The quantity of water taken for such purposes shall be determined either by meter or by estimate, and shall be paid for in accordance with the rate schedule applicable to metered commercial purposes and any premium levied by the City. Customers requiring temporary water service shall reimburse the City for all its expense in connection with providing necessary temporary service connections. A deposit specified by the Department may be required.
(e) 
Extension of public mains. Applications for the extension of public mains may be initiated by the Department or by a petition by abutting property owners, as well as owners of the property to be served by the extension. Applications for the extension of public mains may be denied by the Department for failure to fully comply with the laws of the City or the rules, regulations and specifications adopted under those laws, or if approval of the application is not in the best interest of the City. The Department reserves the right to refuse all petitions for extensions of mains where the estimated water rents will not warrant the cost of installation or for other bonafide reasons.
(f) 
Costs and expenses of service. All costs and expenses incidental to the installation and connection of the service connection shall be borne by the customer. The customer shall indemnify and hold harmless the City from any and all loss, liability, damage, injury or expense directly or indirectly resulting from or arising out of the work done under or in connection the approved application and/or installation.
(g) 
Plumbing plan required in certain instances. Where service is desired for multiple-dwelling, commercial, or industrial use, a detailed plumbing plan showing service supply, fixtures and equipment and any other water use facilities must be submitted at the time of application.
(h) 
Effect of application. The application for water service is merely a written request for service and does not bind the applicant to take service for any particular length of time nor does it bind the Water Department to give service, except under reasonable conditions.
[Added 4-28-2015 by Res. No. 28-15]
(a) 
Generally. Notwithstanding the application requirements as set forth in Section 27-5, water and sewer accounts may be established in the name of a non-owner-occupant (consumer) of property supplied service, provided the additional requirements of this section have been met.
(b) 
Accommodation only. This section is an accommodation to the owner and occupant of a supplied property. The property owner remains liable for all water and sewer charges incurred for service to the property, and the City reserves all its rights to the collection of fees and enforcement of the policies in this chapter.
(c) 
Eligibility.
(1) 
The property owner must be a registered landlord as defined in Section 6-80 and must be in good standing with all obligations to the City for the property subject to the agreement.
(2) 
The consumer must be in good standing with the Water Division and current in all obligations to the City.
(d) 
Disconnection of service for nonpayment.
(1) 
Generally. A property owner is prohibited from terminating service for nonpayment by a consumer on his or her own; however, a property owner may request termination of the water service for nonpayment, provided he or she signs a written authorization attesting that the request for disconnection is for nonpayment of the water bill by the consumer and for no other purpose. The written authorization must be accompanied with nonrefundable disconnect fee of $75.
(2) 
Procedure. Upon receipt of the authorization and fee the Water Division will post a ten-day termination for nonpayment notice at the property. Upon the expiration of the ten-day notice, the property owner (or their representative) shall contact the Water Division to check the status of the bill and schedule an appointment to be present at the property in order to allow the Division access to the meter being disconnected to verify the water is off at the curb stop.
[Amended 2-9-2016 by Res. No. 04-16]
(3) 
Restoration of service. Water service will not be restored to the property until the past due amount is paid in full or the service is placed into the property owner's name.
(4) 
Effect of nonpayment. Nonpayment of charges by the first day of the month following the disconnection will terminate the landlord-tenant agreement, and the service will automatically revert in the property owner's name; restoration of service to the property will not occur until the past due amount is paid in full, and the minimum monthly fee shall continue to accrue.
(e) 
Voluntary termination of agreement. The tenant and landlord may terminate the agreement at any time by written authorization signed by both parties.
(f) 
Reservation of rights. The City reserves the right to reject any landlord-tenant application for any reason without recourse.
(g) 
Hold harmless. The property owner and consumer agree to defend, indemnify and hold the City, its officers, officials, employees harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising out of or in connection with the administration of the landlord-tenant water agreement.
[Added 4-28-2015 by Res. No. 28-15]
(a) 
Water bills for all consumers will be issued on the first day of the month following the preceding month's reading for the prior month's usage.
(b) 
The property owner shall be responsible for the payment of all bills rendered for water services. Failure to receive a bill shall not be considered an act or waiver of payment.
[Added 4-28-2015 by Res. No. 28-15; amended 5-25-2021 by Res. No. 28-21]
(a) 
Water bills are due and payable on the 17th day of the month in which the bill is issued.
(b) 
On the 20th day of the month in which the bill is issued, a 5% compounding late fee (5% of the total accrued water account balance) will be assessed and added to the account. A monthly list of delinquent accounts will be made available in the City Clerk’s office and will be posted on the City’s webpage.
[Amended 11-8-2022 by Res. No. 104-22]
(c) 
No late notices will be mailed to property address.
[Added 4-28-2015 by Res. No. 28-15; amended 2-9-2016 by Res. No. 04-16; 5-25-2021 by Res. No. 28-21]
(a) 
Partial payments on accounts will only be accepted for accounts that are maintained in the property owners' name.
[Added 4-28-2015 by Res. No. 28-15]
All special bills and charges for services rendered, materials sold or expenses incurred by the Water Department in connection with the rules and regulations set forth herein must be paid at the office of the City Clerk within 45 days after the bill is rendered.
[Added 4-28-2015 by Res. No. 28-15]
In case any provision of this chapter is not complied with at any premises, or the owner of any premises fails to do any matter required to be done by him or her in accordance with the rules and regulations set forth herein, or such owner fails to make any payments of money payable to the City under or in accordance with such rules and regulations or any payment of water rents or rates due to the City for the supply of water, or otherwise with reference to such premises, the Water Department may shut off the water supply from such premises until such provision of this chapter is complied with, such matter is done and such payments made; and when any water supply is so shut off, no advance payment made to the City for the supply of water at such premises, or any part of such payment need be refunded by reason of such shutting off of such water supply. Water service shut off shall occur in accordance with the provisions set forth in Section 27-13.
[Added 4-28-2015 by Res. No. 28-15; amended 5-25-2021 by Res. No. 28-21]
(a) 
Right of City. Water may be shut off by the Water Department from any service or main for the purpose of making or constructing new work or making repairs in the water system, or for enforcement of payment of moneys or charges due to the City for water supply and for other matters in accordance with the rules and regulations set forth in this chapter in order to enforce compliance with such rules and regulations, Iase of making or constructing new work or in making repairs, the right is reserved to shut off the water from any consumer without notice for as long a period as may be necessary.
(b) 
Notice. In the event of shutoff for violation of these rules and regulations, written notice shall be sent, prior to shutoff, by certified mail to the owners of the premises as shown by the latest assessment rolls of said City. Notice shall also be conspicuously posted on the front door of the building. Each notice shall be postmarked and posted not less than 15 days prior to shutoff. The notice shall include the anticipated date the water will be shut off, the reason for the shutoff. It is understood and agreed, however, the City is not liable for any damage which may result to any person or premises from the shutting off of the water from any main or service for any purpose whatever, even in cases where no notice is given.
[Added 4-28-2015 by Res. No. 28-15; amended 5-25-2021 by Res. No. 28-21]
No City official is authorized to make adjustments in the water or sewer bills after issuance. If a customer wishes to dispute his or her bill, it must be submitted, in writing, to the Mayor or Water and Sewer Superintendent within 45 days of the bill date as listed on the bill. A dispute committee will hear the case and make a decision as to whether an adjustment can or will be made.
[1971 Charter Laws § 189; Laws of N.Y. (1915), ch. 535, § 55; L.L. No. 3-1934, § 5; amended 5-25-2021 by Res. No. 28-21]
The connecting or supplying pipes leading from buildings or yards to the distribution pipe shall be inserted and kept in order at the expense of the owner or occupant of the buildings or yards. Such connecting or supplying pipes shall not be inserted or connected with the main pipe until a permit therefor shall be obtained from the office of the Department of Public Works. All such connecting or supplying pipes shall be so constructed and connected in the manner directed by the Director of Public Works, Water and Sewer Superintendent or their designee.
[Code 1971, § 31-13; Res. No. 121-93, 9-15-1993; Res. No. 42-94, 7-26-1994; Res. No. 53-96, 6-11-1996; Res. No. 99-99, 12-21-1999; Res. No. 34-03, 5-27-2003; Res. No. 125-04, 12-14-2004; Res. No. 59-06, 5-9-2006; Res. No. 27-07, 4-10-2007; Res. No. 23-08, 3-11-2008; Res. No. 25-08, 3-11-2008; Res. No. 72-08, 8-26-2008; 4-28-2015 by Res. No. 28-15]
The Common Council shall, from time to time, establish, by resolution, service fees for the provision of certain services by the City's Water Department, such fees to offset the reasonable costs for labor and materials of the City in connection with the following activities:
(1) 
The current water and sewer rate schedule is attached hereto as "Schedule A."[1]
[1]
Editor's Note: Schedule A is on file in the City offices.
(2) 
Water rates. In order for the Council to change water rates, it shall hold a public hearing prior to adoption of resolution.
[1]
Editor's Note: Former § 27-23, Service fees, as amended, was repealed by Res. No. 72-08, 8-26-2006.
[1]
Editor’s Note: Former Sec. 27-24, Required water connections, was superseded 4-28-2015 by Res. No. 28-15. See now Sec. 27-7.
[Res. No. 72-08, 8-26-2008; Res. No. 52-09, 7-28-2009]
(a) 
All meters shall be of a type, size and manufacture approved by the city.
(b) 
The City shall furnish the official water meter and transmitter for each property at its expense in those instances where the diameter of the meter is two inches or less; in those instances where the diameter of the meter is in excess of two inches, the City shall furnish the meter at the expense of the property owner. In either case, the meter and transmitter shall remain the property of the City and shall be installed by City personnel and protected by the property owner at his their expense. Normal maintenance on this water meter and transmitter shall be provided by the City. Maintenance, repair or replacement required because of improper use, accident, hot water, freezing, vandalism, theft, removal without the prior authorization of the Water Department or other extraordinary cause shall be at the property owner's expense. In addition to the actual cost of repair or replacement of the meter, the property owner shall pay the fee set forth in "Schedule A".
[Amended 5-25-2021 by Res. No. 28-21]
(c) 
Only one official water meter shall be used to record water consumption for each service line. The official water meter shall be the only one read by the Water Department. Any and all additional meters desired by the property owner shall be installed on the house or outlet side of the official water meter, and all such additional meters shall be furnished, installed and maintained by the property owners at their expense.
(d) 
Gate valves, check valves and approved backflow-prevention devices shall be installed at the official water meter in accordance with the specification of the City of Olean Water Department. No other devices or appurtenances shall be installed on the street or inlet side of the official water meter unless approved in writing by the Water Department.
(e) 
When a backflow-prevention device is to be installed on the outlet or house side of the official water meter, no connections, taps, fixtures, devices or other appurtenances shall be allowed between the backflow-prevention device and the official water meter.
(f) 
All valves, check valves, backflow preventers and other fixtures must be of a type approved by the Water Department.
(g) 
No person, persons, firm, partnership, corporation or other entity shall, without written authorization of the Water Department or its designee, interfere with, tamper with, unseal or remove the official water meter or transmitter after it has been inspected, approved and sealed by the Water Department, by order of the Water Department. Fines for tampering with City equipment may be up to $1,000 and may result in the termination of service.
[Amended 5-25-2021 by Res. No. 28-21]
(h) 
Whenever a water meter, previously recorded in the records kept by the Water Department as having been sealed by the Water Department, shall be found to have been interfered with, tampered with, unsealed or removed without verbal or written authorization of the Water Department or its designee, the property owner shall be charged the fees provided in Sec. 27-23, Service fees,[1] of the City of Olean, together with the actual cost of repairing, replacing and/or resealing the water meter. The imposition of such fees shall not be held to bar any criminal prosecution for violation of any provision of this section nor to bar the imposition of penalties as provided in Sec. 1-8 of the Code of Ordinances.
[1]
Editor's Note: See Sec. 27-22, Rates and charges.
[Res. No. 72-08, 8-26-2008; Res. No. 52-09, 7-28-2009; amended 5-25-2021 by Res. No. 28-21]
(a) 
The official water meter shall be set in a position as close as practical to the point where the water service line enters the building.
(b) 
Except where the Water Department has permitted otherwise in writing, the official water meter shall not be located in excess of 50 feet from the property line. It shall be the responsibility of the property owner to protect the water meter as directed.
(c) 
Unless otherwise directed by the Water Department, the rated size of the official water meter shall be equal to or less than the diameter of the domestic service line. A minimum of a three-inch meter will be required for service lines four inches in diameter or larger.
(d) 
In the case of service lines greater than two inches in diameter, a valved bypass shall be installed to facilitate testing and meter repair. The valve on the bypass shall be sealed by the Water Department.
[Res. No. 72-08, 8-26-2008; amended 4-28-2015 by Res. No. 28-15; 5-25-2021 by Res. No. 28-21]
(a) 
An official water meter damaged by frost, negligence or misuse by the property owner or any other person shall be replaced and repaired at the property owner's expense as outlined in the water and sewer rate schedule.
(b) 
The City will not be held responsible in any way for damage to service lines, meters, house piping, valves or any other fixtures as a result of frost or any other reasons, nor shall the City be responsible in any way for damage to property from the above causes or from leakage of water from any part of the service lines or house piping.
(c) 
The consumer in any premises not equipped with a curb box and curb faucet shall install, if for any reason the service of water to such premises is or should be discontinued, whether temporarily or otherwise, such curb box and curb faucet of the size, type and in the manner approved by the Water Department.
(d) 
In the event that it is necessary for the City to remove or replace the official water meter and the Water Department is of the opinion that such removal or replacement cannot be effected or is inadvisable until repairs have been made by the property owner to the service line or house piping, the Water Department may order repairs to be made by the property owner at his expense.
(e) 
The Water Department shall have the sole right to determine the location, size, type and manufacture of any and all meters, connections and other appliances.
(f) 
In the event that it becomes necessary to change the location, size, type or manufacture of a water meter, the expense shall be borne by the consumer.
(g) 
In any event, the City shall not be liable for any damage to service lines, house piping or property caused by removal, replacement or testing of the official water meter or for any cause whatsoever.
[Res. No. 72-08, 8-26-2008]
(a) 
The property owner shall keep the official water meter, backflow-prevention devices and other fixtures readily accessible and unobstructed for inspection, testing, reading and repair. Where meters, backflow-prevention devices or other required devices and fixtures are in locations which are inaccessible or unsafe due to water or other obstructions as determined by the Water Department, the property owner shall be responsible for the removal of water or obstructions at his expense.
(b) 
The Water Department or any employee of the Water Department shall have the right to enter the premises or property of any property owner, tenant or other consumer where city water is being supplied at any time between 8:00 a.m. and 4:00 p.m. for the purpose of installing, inspecting, reading, removing, testing or repairing the official water meter or for inspecting the backflow-prevention devices or any fixtures used in connection with the water system for any purpose whatsoever.
(c) 
When access to the meter cannot be had for any billing period, the customer may be billed for water consumption upon the basis of average usage indicated by the records of the Water Department, based upon the water meter reading for the preceding year, the actual consumption to be billed on the next available meter reading.
[Amended 5-25-2021 by Res. No. 28-21]
(d) 
Whenever a meter fails to register the quantity of water consumed, the consumer shall be charged for water consumption upon the basis of average usage indicated by the water meter reading for the year preceding its failure to register.
[Res. No. 72-08, 8-26-2008]
(a) 
Any person making a complaint as to the correctness of a water bill must do so within 10 days after the rendition of the bill by making a written application to the Water Department.
(b) 
The Accounts Manager of the Water Department is authorized to correct any bill which resulted from a meter which has been tested and found inaccurate. Any adjustment to a bill will be for the period tested only. No adjustments will be made for prior billing periods. Any claim for a reduction in a water bill which does not relate to a claimed inaccuracy of the meter shall be referred to the Water Department. The Water Department shall have no authority to reduce a water bill for any reason other than tested inaccuracy of a meter. Any such other claims for reduction shall be reviewed by the Water Department and shall be submitted by it with its recommendations to the City Council for determination. The determination of the Council shall be final.
(c) 
Whenever the accuracy of the meter is in issue, a test shall be a made. The expense incurred in making such test shall be borne by the consumer, except that if the meter is found to register inaccurately, the cost of the test shall be borne by the city. No meter shall, however, be considered inaccurate that does not vary more than 2% from the normal. Reasonable opportunity will be given the protesting consumer to be present at such test.
(d) 
If the meter tested is inaccurate, any adjustments to the bill will be for the period tested only. No adjustment will be given for prior billing periods.
(e) 
The Water Department may require a meter test at any time if it appears the official water meter has been tampered with, the seal broken or removed or when there is significant change in recorded consumption.
(f) 
Only official water meters shall be tested for accuracy. If necessary, the meter shall be replaced at the Water Department's option.
[Res. No. 72-08, 8-26-2008; Res. No. 52-09, 7-28-2009]
(a) 
The Water Department shall establish specifications for official water meters furnished by the city.
(b) 
The location of all remote registers shall be established by the Water Department.
[Res. No. 72-08, 8-26-2008; Res. No. 52-09, 7-28-2009]
(a) 
The Water Department shall establish specifications for backflow-prevention devices, and no device shall be installed without the Water Department's permission.
(b) 
Each service line to a facility shall be protected in a manner commensurate with the degree of hazard of the facility. The degree of hazard and type of backflow-prevention device to be used to achieve containment shall be based on use of the facility and availability of containments.
(c) 
The Water Department shall determine the type of backflow-prevention device to be installed based upon the determination of the degree of actual or potential hazard.
(d) 
All reduced-pressure-zone devices (RPZ) and double-check-valve assemblies (DCV) must be on the current listing of acceptable devices issued by New York State Department of Health. The design of all backflow-prevention-device installations shall be approved by the New York State Department of Health or Cattaraugus County Department of Health.
(e) 
All backflow-prevention devices shall be subject to approval by the Water Department.
(f) 
Backflow-prevention devices shall be required as indicated for the following types of uses:
Degree of Hazard
(illustrative only)
Type of Facility
Type of Protection
(minimum requirement)
Hazardous
Industrial plants, metal-plating industries, hospitals, nursing homes, medical buildings, sanitariums, laboratories, veterinary facilities
Acceptable air gap or reduced-pressure-zone device (RPZ)
(g) 
No cross-connections are permitted between a supplementary water supply and the city's water supply.
[Res. No. 72-08, 8-26-2008]
(a) 
Unless otherwise specified, backflow-prevention device(s) shall be installed at the official water meter as required by the Plumbing Code of the City of Olean.
(b) 
No RPZ or DCV backflow-prevention device shall be placed in service until such time as a completed works approval has been issued by the New York State Department of Health or the Cattaraugus County Department of Health.
(c) 
All backflow-prevention devices shall be furnished, installed, tested, protected and maintained by the property owner at his own expense.
[Res. No. 72-08, 8-26-2008]
(a) 
After installation, all backflow-prevention devices shall be tested in place by a certified backflow-prevention-device tester in the presence of the Water Department's authorized representative. The tester's written certification shall be furnished to the Water Department within 10 days after the test has been performed. A new service line will not be put into service before certification is received and approved by the Water Department.
(b) 
Yearly tests shall be performed on each RPZ and DCV backflow-prevention device by a certified backflow-prevention device tester to ensure continued reliability. The tester's written report shall be forwarded to the Water Department within 10 days after the test has been performed.
(c) 
Any backflow-prevention device which fails to function properly shall be repaired or replaced within 30 days or as directed by the Water Department and tested after the repair or replacement by a certified backflow-prevention-device tester. The tester's written report shall be forwarded to the Water Department within 10 days after the test has been performed.
(d) 
Failure to annually test and report each RPZ and DCV backflow prevention device may result in fines and fees set forth in “Schedule A,” failure to complete testing after notification may result in termination of service.
[Amended 5-25-2021 by Res. No. 28-21]