City of Middletown, NY Article VI Connection to City Water System; Water Wells Within City

[Added 11-1-2011]

§ 466-28 Connection of City properties to City's water system required.

The owners of all houses, buildings, or property used for human occupancy, employment, recreation, education or other purpose that are situated within the corporate limits of the City of Middletown are required at such owner's or owners' expenses to install waterline facilities therein and to connect such facilities directly to the water supply and distribution system of the City in accordance with the requirements of Chapter 466 of the Code of the City of Middletown.

§ 466-29 Installation and use of water wells within City prohibited.

A. No owner of any house, building, or property used for human occupancy, employment, recreation, education or other purpose that is situated within the corporate limits of the City of Middletown shall be allowed to construct, dig, install or use a water well on such property. In addition, no owner of any house, building, or property used for human occupancy, employment, recreation, education or other purpose that is situated within the corporate limits of the City of Middletown shall be allowed to supply such property with water from a well of any type but must connect such property to the City's water supply and distribution system.

B. This section does not apply to properties in the City that are supplied with water from a well as of the effective date of this article.

§ 466-30 Out-of-City users.

The provisions of this article shall apply to all current and future out-of-City users that are or will be connected to the City's water supply and distribution system.

§ 466-31 Penalties for offenses.

A. A person who shall violate a provision of this article or fail to comply with this article or with any of the requirements thereof or with any order issued by the Commissioner of Public Works in connection with the enforcement of this article, or who shall construct, dig, install or use a water well on property within the City of Middletown (and such well was not in existence as of the effective date of this article) or connect such property to a water well after the effective date of this article, shall be guilty, upon conviction, of an offense punishable by a fine of not less than $250 nor more than $1,000 or by imprisonment for a period not exceeding 15 days, or by both such fine and imprisonment. Each day that a violation is permitted to exist shall constitute a separate offense.

B. The owner of a building, structure or property where anything in violation of this article shall be placed or caused to exist, and an architect, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of such violation, shall each be guilty, upon conviction, of a separate offense and shall be punished as herein provided.

C. The imposition of the penalties herein prescribed shall not preclude the Corporation Counsel of the City from instituting an appropriate action or proceeding in a court of competent jurisdiction to prevent the unlawful construction, digging, installation or use of a water well on property within the City of Middletown in violation of this article or to prevent a threatened or existing violation of this article.

D. In addition to the penalties set forth above, the Commissioner of Public Works may terminate the provision of water to out-of-City users who violate any provision of this article, upon notice of such violation to such out-of-City users and failure of such out-of-City user to correct the violation within 30 days of such notice from the Commissioner.