[Adopted 4-19-1976 as Ch. 132 of the 1970 Code]
A.
AGENT
CITY
CITY RESERVOIR
CITY WATER SYSTEM
CORPORATION STOP
CURB STOP
HYDRANT OR PLUG
LICENSED PLUMBER
PERSON
PLUMBING INSPECTOR
PRIVATE WATER SYSTEM
SERVICE CONNECTION
TAP-OFF
UTILITIES DEPARTMENT
VALVE
WATER BILL
WATER MAIN OR WATERLINE
WATER METER
WATER SERVICE AREA
As used in this article, the following terms shall have the meanings
indicated:
Any individual, firm, company, association, society, corporation
or group which is legally authorized to act in a person's behalf.
In all cases where an "agent" shall so represent a person, such authorization
must be in writing and must be represented to the Utilities Department
prior to execution of any act which requires such presence.
[Amended 4-4-1994 by L.L. No. 1-1994]
The City of Saratoga Springs, New York.
Any body of water, either above or below ground, which serves
as a source of water for the City water system.
All facilities for collecting, storing, testing, treating,
transmitting, distributing and metering of the water furnished to
the users by means of such facilities which are owned and/or operated
by the Utilities Department of the City of Saratoga Springs, New York.
Service connections from the point of connection to the water main
are not considered to be a part of the "City water system" except
for the water meter itself.
That valve fitting which is attached to the public water
main by which the service connection is attached to the public water
main. It serves as the Utilities Department control valve for the
service connection. The "corporation stop" is the owner's responsibility.
[Amended 4-4-1994 by L.L. No. 1-1994]
That valve fitting in the service connection line which permits
the user to control the water to his building. In no case shall the
Utilities Department bear responsibility for the maintenance and/or
repair of this valve, nor shall it be responsible for any damage brought
about by its operation.
[Amended 4-4-1994 by L.L. No. 1-1994]
Any valve fitting, except a curb stop, which is attached
to the water main and which permits a user to draw water from the
system.
Only that person who is himself licensed by the City. No
peddling of such license shall be permitted; however, authorized employees
of the licensed plumber may perform the work authorized under any
permission granted herein.
Any individual, firm, company, association, society, corporation
or group.
The Plumbing Inspector of the City of Saratoga Springs, New
York, or his authorized deputy or representative.
All facilities for supplying water to users which are not
part of nor connected to the City water system.
The pipe and appurtenances in that section of the distribution
system starting at the corporation stop to the valve on the downstream
side of the water meter. This shall be the owner's responsibility.
[Amended 4-4-1994 by L.L. No. 1-1994]
Any connection which is made in the service line through
which water can be drawn from the line without registering on the
water meter. The making of a tap-off and/or the use of water from
the tap-off is a violation of this article and is punishable as defined
in the City Charter. Furthermore, the existence of a tap-off will
be considered, for the intent of this article, to be a service connection
and will be subject to all periodic billings applicable to an unmetered
account, in addition to that rendered to the owner for his legal service
connection.
The Utilities Department of the City of Saratoga Springs,
New York.[1]
That mechanical fitting which is used to control the flow
in the pipe.[2]
That invoice from the City Utilities Department covering
payment for its product and service.
[Amended 3-15-1982; 4-4-1994 by L.L. No. 1-1994]
Any pipe which is used to transfer and/or distribute water,
excluding that portion of the water system which is defined as the
"service connection."
That mechanical device used to measure the quantity of water
which passes a point. Water meters may be further classified as "individual
water meters" where they measure the flow to an individual user or
as "master water meters" where they measure flows to more than one
user. They may also be classified by the size of the inlet/outlet
piping. A water meter shall be termed a "dead reader" or a "dead meter"
if it does not register a flow of water passing through it. Meters
up to one inch will be furnished by the Utilities Department. Larger
diameters are to be furnished by the owner and must read in cubic
feet.
[Amended 4-4-1994 by L.L. No. 1-1994]
That area which is outlined and defined on maps on file with
the Utilities Department which pertain to the supply, storage, transmission
and distribution of water through the City water system.
[Amended 4-4-1994 by L.L. No. 1-1994]
[1]
Editor's Note: Original § 132-5, Water Department, which immediately followed this definition, was repealed 4-4-1994 by L.L. No. 1-1994.
[2]
Editor's Note: Original § 132-25, Sewer and water
system, as amended 3-15-1982, which immediately followed this definition,
was repealed 4-4-1994 by L.L. No. 1-1994.
[Amended 4-4-1994 by L.L. No. 1-1994; 9-21-1999; 12-16-2014 by L.L. No.
3-2014]
A.
Application
for a new service connection shall be made at the office of the Utilities
Department on the form provided. The City Council shall have authority
to establish from time to time, by resolution, fees for such applications.
The application shall state the name of the owner of the property
to which the new service will be connected, and that person or legal
entity shall be responsible for the payment of all water rents and
related payments, fees, and charges as the City Council may establish
from time to time, and shall also state the location of the connection,
the time the work will be started and completed and the category of
the service. The application must be signed by a licensed plumber
who will perform the work involved.
B.
(Reserved)
C.
Any person
or legal entity making any application under this section shall obtain
approval of that application from the Department of Public Works prior
to submitting any other application in which a new service connection
is required or sought to any City official, board or office, including
but not limited to the Zoning and Building Inspector or the Planning
Board.
[Amended 4-4-1994 by L.L. No. 1-1994]
Applications will be accepted by the City Utilities Department
subject to the existence of a water main of suitable size and condition
in a street or right-of-way abutting the premises to be served. The
application in no way obligates the City to extend its mains to serve
the premises under consideration. No agreement will be entered into
by the City with any applicant for water service until all arrears
and charges due by the applicant for water rents or services of the
Utilities Department at any premises now or heretofore owned by such
person shall have been paid in full.
A.
Upon receipt of a permit from the City, the owner may have the service
connection installed by the plumber whose name appears on the application.
Should the owner desire to use a different plumber to make such connection
for any reason whatsoever, he must reapply for a permit. All other
permits as may be necessary for the particular situation must be obtained
prior to excavation.
B.
There will be no additional water service connections made beyond
that stated in the application without first obtaining a permit to
construct such additional services.
C.
The entire service lateral from the main in the street to the owner's
premises is the property of the owner, and any and all repairs shall
be the responsibility of said owner. There shall be a separate service
lateral for each principal structure from the main in the street to
said principal structure. Common water and sewer services are not
permitted.
[Added 2-16-1988]
The City undertakes to use reasonable care and diligence to
provide a constant supply of water at reasonable pressure to the users.
However, the City reserves the right at any time, without notice,
to shut off the water in its mains for the purpose of making repairs,
taps and extensions, and the City will not be held liable for deficiency
or failure in the supply of water or in the pressure for any cause
whatsoever. The City will, however, give notice, where practical,
of such shutoffs. The City water system furnishes water and not pressure
and does not guarantee a continuous supply. No responsibility will
be assumed by the City for any damages to any apparatus in any house
or building due to the shutting off or turning on of water with or
without notice.
A.
In the case where a new or existing main is connected to the City
water system and such has been constructed by an entity other than
the Utilities Department, all applicable standards and regulations
must be met prior to acceptance. Acceptance of the line or lines shall
be conditional for a period of one year, and all breaks, leaks or
other damage which occur in or due to the lines shall be the responsibility
of the former owner to repair. When such damage is detected within
that period, the Utilities Department shall notify the former owner
and request that prompt action be taken to repair such damage, whether
it is damage to the line itself or damage caused by a result of the
leak. Where the Utilities Department deems that the previous owner
has not taken prompt action to repair the damage and it feels that
the resulting conditions degrade the public safety, it may elect to
do such repair itself or to contract such work through some other
source and to charge the previous owner for all of the costs incurred.
[Amended 4-4-1994 by L.L. No. 1-1994]
B.
Before such extensions will be accepted, the owner shall deposit
with the Department of Finance a bond equal to 5% of the normal construction
cost of such extension, including service connections, which shall
be in effect for the period of conditional acceptance.
C.
The Commissioner of Public Works reserves the right to waive or amend
the standards for acceptance, to reduce or increase the period of
conditional acceptance and to waive the bonding requirement.
A.
All water and sewage dispensed through the City water and sewer system
shall be classified under one of the following categories: ordinary
usage, special permit or outside of service area. The determination
of the category shall be made by the Utilities Department at the time
of the issuance of the permit.
[Amended 3-15-1982; 4-4-1994 by L.L. No. 1-1994]
B.
All bills for water and sewer rates and services, based on the water
and sewer rate schedules in effect at that time, will be mailed to
the owners of the real property served, and the owners shall be liable
for the same. Payment shall be made directly to the Department of
Finance. The payment of a bill and penalties for nonpayment shall
be as specified in the City Charter, Title IX, § C81, and
Title X, § C91. The charges for water and sewer rates shall
be set in accordance with the rates established by the City Council
and in accordance with the laws of the State of New York and the provisions
in the City Charter.
[Amended 3-15-1982]
C.
In the event that the owner questions the accuracy of his water meter,
such will be tested in his presence upon his request.
D.
All meters are to be safely tied with wire and sealed at the register
and case connections. Seals shall not be broken without permission
from the Utilities Department.
[Amended 4-4-1994 by L.L. No. 1-1994]
E.
All accounts shall be metered before supplying any part of the property
being served. Where, for any reason, the user is not metered, he will
be billed as noted in the rate schedule for water use as estimated
by the Utilities Department. In addition, a penalty will be assessed
as noted in the rate schedule. For the intent of this article, a dead
meter shall be the same as if there were no meter at that location.
[Amended 4-4-1994 by L.L. No. 1-1994]
F.
Each dwelling house, trailer or building shall have a separate meter,
and under no circumstances shall one property be serviced through
another of unrelated occupancy.
G.
Where leaks occur on private property upstream of the point where
the quantity of flow is metered, the Utilities Department may estimate
the total amount of water which has been expended through the leak
beginning from the time the user has been notified of the leak to
the time when such leak has been stopped. Such volume of water shall
be classified as special use and will be included in the subsequent
bill.
[Amended 4-4-1994 by L.L. No. 1-1994]
H.
It shall be the responsibility of the property owner to provide a
place for the City to install the water meter or meters. Such place
or places shall be in a location that is easy of access and in accordance
with the requirements as prescribed by the Utilities Department. The
place provided shall be heated at all times to prevent the meter from
freezing. No unauthorized person shall in any way damage, disfigure
or interfere with any water meter. The only authorized persons referred
to herein are those that are authorized by the Utilities Department.
In the event that any meter is damaged because of a freeze-up or because
of some interference to the water meter or by an unauthorized person
as referred to herein, then the property owner and/or the user shall
be responsible for any and all repairs, costs, damages and replacements
occurred as a result of the same. Not only shall the owner and/or
the user be personally responsible for this cost, but the same may
become a lien upon the property serviced by the meter and foreclosed
in the manner provided for unpaid water charges.
[Added 3-15-1982; amended 4-4-1994 by L.L. No. 1-1994]
[Amended 4-4-1994 by L.L. No. 1-1994]
A.
When a building or property, or part thereof, serviced by a City
water meter undergoes a change of ownership, a request may be made
by the seller or by an representative of a seller for a current reading
of the meter. The person making such request to the Utilities Department
shall be responsible for providing the meter reader with access to
the water meter. Persons requesting meter reading under this subsection
shall pay a fee of $50 for each meter reading request. Persons requesting
meter readings on multiple metered accounts under this subsection
shall pay a fee of $50 for the initial meter reading requested; additional
meter readings at each building location will be charged at $20 each.
Said fee(s) shall be a charge on the next water bill for the property
on which the meter is located.
[Amended 6-21-2005]
B.
In the case of abandonment of the property, the Utilities Department
may continue to serve water to the property and to bill for the same
until it is notified, in writing, of such abandonment.
C.
In the case where the property is to be razed, the property owner
or his agent shall notify the Utilities Department so that the service
line may be disconnected from the City main and that the meter may
be read and removed. Where such notice is not given and damage results,
the property owner shall be responsible to pay any and all such damages.
It is the responsibility of the property owner to disconnect the abandoned
service lateral at the corporation stop.
[Amended 3-15-1982]
A.
Water and sewer services may be discontinued after reasonable notice
is given the owner and user for any of the following reasons:
(1)
For use of water other than for the purpose represented in the application.
(2)
For willful waste of water through improper or imperfect pipes.
(3)
For molesting any service pipe, seal, meter, curb stop or any other
appurtenance of the water and sewer systems.
(4)
For nonpayment of bills for water and sewer rates or for services
or penalties rendered by the Utilities Department.
[Amended 4-4-1994 by L.L. No. 1-1994]
(5)
For cross-connecting the City service pipe with any other source
of supply or with any apparatus which may endanger the quality of
the City water supply.
(6)
For refusal of reasonable access to the property for the purpose
of inspecting or repairing, replacing or reading of the water meter.
(7)
For violation by the user of any regulation of the New York State
Health Department and of the unified codes of the City.
B.
Where two or more consumers are now supplied with water and sewer
through one service connection under the control of one corporation
stop, if any of the parties so supplied shall violate any of the rules
of this article, the City reserves the right to shut off the joint
service line, except that such action shall not be taken until the
innocent consumer who is not in violation of the City rules has been
given a reasonable opportunity to attach his pipe to a separately
controlled service connection. Such connection is to be made at the
owner's expense.
C.
In cases where, in the opinion of the Utilities Department, the public
safety is endangered because water and sewage is leaking through a
faulty connection and the leak lies on private property, the Utilities
Department shall inform the user and owner and request the owner to
repair or replace the faulty connection and thereupon shall shut off
the water to this user.
[Amended 4-4-1994 by L.L. No. 1-1994]
A.
The Utilities Department reserves the right to restrict or to stop
any and all uses of water outside of the building to which the service
is connected. Such uses include the sprinkling of lawns; the washing
of automobiles, houses or walks; or any other use deemed by the Utilities
Department to be within the intent of the section.
[Amended 4-4-1994 by L.L. No. 1-1994]
B.
The City shall give notice of such restricted water use in the official
newspaper of the City at least one day prior to the enforcement of
this restriction.
[Amended 4-4-1994 by L.L. No. 1-1994]
Any equipment, such as refrigeration or air-conditioning, operated
by the user, which equipment discharges into a sewer system, shall
have a free-air-gap section at the entry into the sewage system. All
such equipment, including but not limited to fire sprinkler systems,
shall have backflow preventers installed.
In the event of an emergency, water vehicles and personnel shall
have the right-of-way in the work area and, if necessary, shall have
the right to close sections of streets or highways where the work
involved may be hazardous to people or vehicles.
[Amended 4-4-1994 by L.L. No. 1-1994]
A.
No person shall excavate within a public right-of-way with the purpose
to connect a water service to the City water system without first
receiving written permission from the City Utilities Department to
make such a connection and from the owners of any such private property
or utility which may lie within 10 feet in any direction of the excavation.
B.
Prior to excavating on a City right-of-way on his property, the person
who is making the connection will:
(1)
Arrange a mutually agreeable date with the City Utilities Department
for the digging.
(2)
Obtain knowledge from the City Utilities Department and from owners
of any public or private utility as to the proper location for the
digging.
(3)
Place the sum of $100 with the Department of Finance to be held in
escrow for a sixty-day period to be used to reimburse the City for
any expenses it might accrue which are due to the effect of the excavation.
The Department of Public Works reserves the right to waive or amend
this requirement.
C.
All repairs to the existing public or private property shall be made
promptly and are subject to the approval by the Utilities Department
or by the owner of the private property, or both, for a period of
one year from the date of the excavation.
[Amended 4-4-1994 by L.L. No. 1-1994]
No excavation on a City right-of-way and/or on City property
shall be made without first obtaining all necessary permits. Furthermore,
proper consideration of surrounding conditions and due regard for
safety of the public shall be maintained at all times. Where practical,
excavations shall be backfilled at the end of each working day; however,
at the discretion of the Utilities Department and where the magnitude
of the work prevents such backfilling, excavations shall be guarded
and lighted in a manner detailed by the Utilities Department. While
open, all excavations shall be clearly marked and guarded so as to
permit the maintenance and regulation of traffic as determined by
the Utilities Department.
[Amended 3-5-1984; 4-4-1994 by L.L. No. 1-1994]
A.
No person other than employees of the Department shall make any connection,
repair, addition or alteration to any City water main.
B.
Connection from the corporation stop to the user's premises will
be made only after all permits to do so have been obtained from the
Utilities Department by a plumber who is licensed by the City to do
such work. All waterlines beyond the corporation stop will be furnished
by the user and shall not be less than three-fourths-inch Type K copper.
Meters up to and including one inch in size will be furnished. All
meters larger than one inch are to be furnished by the user. Further,
all such meters larger than one inch are to be maintained by the user
thereof. As part of such maintenance, said meters shall be tested
by the user. Such tests shall occur whenever directed by the Public
Works Department of the City of Saratoga Springs; but in any event,
every such meter shall be tested a minimum of once every five years.
All tests shall comply with American Waterworks Association Water
Meter Test Specifications or such other appropriate test specifications
as may be approved by the Department of Public Works.
C.
All new water services shall be metered at the nearest point of entry
into the building, and such metering shall be equipped with appropriate
valves on the inlet and outlet side. The meter is to be installed
in horizontal piping by the personnel of the City Utilities Department.
D.
Service pipe shall have a minimum cover of five feet or be insulated
if such cover is not possible. Where the service line must cross an
existing sewer, it must pass at least 18 inches above the sewer, and
the sewer must be encased in concrete with at least six inches of
cover on all sides for a distance of three feet on either side of
the service line. The Utilities Department reserves the right to effect
more stringent sanitary precautions where it deems necessary or where
the connection is made to a place of public use.
A.
All turning on and shutting off of water is the responsibility of
the City, and no person is to tamper with or touch the corporation
stop in any manner.
B.
No turn-ons will be made unless the property owner or his agent is
on the premises at the time the service is rendered. In the event
that damages result to the premises because of the water being turned
on, the City will not be held responsible, and all repairs shall be
made at the expense of the property owner.
No electrical grounds will be attached to pipes which are located
beyond the outlet valve of the water meter or at any location such
that the ground will be broken when the meter is removed.
[Amended 4-4-1994 by L.L. No. 1-1994]
A.
No person other than employees of the Utilities Department shall
molest or interfere with or open or close, or attempt to do so, any
valve or shutoff appurtenant to the mains through which City water
flows, except for private hydrants. Private hydrants are to be operated
only for the use intended under special permit or as agreed by special
contract with the City Utilities Department. In all except emergency
cases, the Utilities Department shall be informed prior to each time
the hydrant is to be used, and a log shall be kept of the duration
of time during which water is flowing from the hydrant.
B.
Except as stipulated above, no person other than employees of the
Utility Department, the Fire Chiefs or members of the Fire Department
shall manipulate, control or operate, or attempt to do so, any hydrant
or plug deriving its supply of water from the City water system. In
any event, only those trained in the operation of such fire hydrants
or plugs will be permitted to manipulate the same.
The Public Health Law, § 100, with reference to the
City of Saratoga, New York, Section 141.3 or Part 141, Subchapter
A, Chapter III, Title 10 of the Official Compilation of Codes, Rules
and Regulations of the State of New York, is hereby incorporated into
this article.
[Amended 4-4-1994 by L.L. No. 1-1994]
No unauthorized person shall maliciously, willfully or negligently
break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance or equipment which is part of the City water system.
Any person violating this provision shall be subject to the penalties
set forth in the Penal Law.
[Amended 4-4-1994 by L.L. No. 1-1994]
Duly authorized employees of the City Utilities Department,
bearing proper credentials and identification, shall be permitted
to enter upon all properties for the purpose of inspection, observation,
measurement, sampling and testing, in accordance with the provisions
of this article.
[Added 3-15-1982]
All property owners, upon whose property any building has been
or may hereafter be erected, having a connection with any mains or
pipes which may be hereafter constructed and used in connection with
the City water system, shall pay rates for each period of time as
the Council shall enact by resolution.
[Added 3-15-1982; amended 4-5-1982]
Bills for water used shall be dated and sent out at such times
as may be directed by the Commissioner of Public Works.
[Added 3-15-1982; amended 4-4-1994 by L.L. No. 1-1994]
During the construction of any building and before any water
is installed as is herein provided, the contractor so constructing
such building may be permitted to use the City water supply by making
application therefor and paying the flat fee prescribed by the Commissioner
of Public Works.
[Added 3-15-1982]
The water supply may be shut off from any premises for which
the water bill remains unpaid for a period of 10 days after the bill
is rendered and mailed. When shut off, water shall not be turned on
except upon the payment of the usual fee for turning on water.
[Added 3-15-1982]
Charges for water shall be a lien upon the premises as provided
for in § C81 of the City Charter and also as provided by
the statutes and laws of the State of New York. The Commissioner of
Finance shall prepare a statement of all unpaid water and other related
charges 30 days after the same have become due and payable. Failure,
however, to prepare this statement as provided for herein shall not
affect the right of the City to establish its lien for unpaid water
bills and to foreclose the lien as provided in the City Charter and
the statutes and laws of the State of New York. Furthermore, nothing
herein shall prevent the City from proceeding against the user and/or
owner of the property which benefited from the water use as a personal
claim, and the City Attorney is hereby authorized and directed to
institute any proceeding in the name of the City in any court of competent
jurisdiction against any property and against any user of City water
that said City Attorney deems necessary. The rates and charges herein
established, in addition to being a lien upon the premises as provided
for herein and in the City Charter, may be collected from the owners,
occupants and users of the premises benefiting from the water charges
and other related charges from and after the effective date of this
article.[1]
[Amended 3-15-1982; 4-4-1994 by L.L. No. 1-1994]
B.
At locations where there are continued or repeated violations of
this article, a duly authorized agent of the Utilities Department
will have the authority to discontinue the supply to the violator
of water from City mains in accordance with the rules and regulations
of the Utilities Department.
[Amended 3-15-1982]
Any person violating any of the provisions of this article shall
become liable to the City for the expense, loss or damage occasioned
the City by reason of such violation.
