A.
Tampering with water meters. It shall be unlawful for any person
to break, remove or deface the seal of any water meter or remove,
alter or obstruct, injure or prevent the uninhibited use of such meter.
Any meter found to have been tampered with accordingly shall subject
the owner of the property metered with the following penalties. It
shall be presumed that such meter has been illegally tampered with,
if found to be in a state as hereinbefore set forth.
(1)
The penalties for this act shall be as follows:
(a)
The criminal penalty under § 165.15, Subdivision 6,
of the Penal Law of the State of New York, as amended from time to
time, if found to be violated; or
(b)
In the alternative, the criminal penalty under such violation
of this chapter with the same presumption as hereinbefore set forth
which shall subject the violator to an imprisonment up to 15 days
in jail or $250 in penalties, or both.
(2)
In the event that such tampering has not affected the measure of
water charged for, the owner shall then be responsible for replacement
of the meter, the cost thereof and labor for such replacement and
any and all special fees which the Department deems necessary for
replacing the same.
B.
Violations of regulations in general. It shall be unlawful for any
person to make, construct, install, operate or allow to be made, constructed,
installed or operated any water connection to the Village of Fonda
water system in violation of any provisions of this chapter. Such
conduct shall be a violation. Any such violation shall be punishable
by a fine not exceeding $250 or imprisonment for not more than 15
days, or both, for each violation. Any violation that continues to
exist after the Village Water Department has given notice of such
violation and notice to correct the same shall be considered a separate
and distinct violation for each day that such violation shall exist
after the time fixed by the Water Department to remedy the same. Nothing
in this section of this article shall be construed to prevent the
Village from instituting a civil action to compel compliance with
or restrain or enjoin any violation of this chapter.
Notwithstanding any of the foregoing provisions, except in case
of emergency, temporary interruption necessitated by repairs, extensions
or maintenance operations, shortage of water or similar situations,
no service shall be terminated by the Village without complying with
the following procedures:
A.
Notice of violation or nonpayment. Upon the determination by the
Water Department that a violation has occurred pursuant to this chapter
or that a bill for services or other changes has become delinquent
for a period of 30 days, the Water Department shall notify, in writing,
the owner of the affected premises, by first-class mail at the last
known address of such person, setting forth specifically that water
service may be terminated if the bill remains unpaid or said violation
is not corrected.
B.
In the event that a violation is not corrected or a bill for services
remains delinquent for a period of 40 days, the Water Department shall
notify, in writing, the owner of the affected premises, by first-class
mail at the last known address of such person, setting forth specifically
that water service will be terminated 10 days after said notice is
sent. The occupants of the affected premises shall be notified by
the posting of a written notice at the affected premises. The notice
shall also state that in the event that water services are terminated
at the premises, that said termination will result in an unsanitary
condition at the premises, in violation of § 602.1, Chapter
6, Department of Health, thereby rendering the premises unfit for
habitation.
C.
Any violation which remains uncorrected or any bill for services
which remains delinquent for a period of 50 days, pursuant to the
notification set forth in this section, shall result in the termination
of water service by the Water Department.
D.
If any water service is terminated for violation of this chapter
or for nonpayment, the owner or occupant causing said termination
shall pay to the Village Water Department a termination fee to shut
off and a fee to turn on as specified in the fee schedule as adopted
at each annual organizational meeting.
E.
Unpaid charges to become lien. All water rents, penalties and interest
thereon, and all charges for tapping, connecting and disconnecting,
and any other charges provided by this chapter shall be a lien on
the real property upon which the water is used. The Village Board
shall, by resolution, set a date, before May 1 of the same year, when
all delinquent (greater than 30 days past due) water bills shall be
relevied to the Village property tax roll.
A.
Bills delinquent over 30 days. Because the Village of Fonda is unable to collect unpaid water bills for service rendered to users not residents of the Village by adding such unpaid bills to the annual tax bill, the Village may terminate service after a water bill is delinquent for more than 30 days beyond the final payment date subject to the provisions of § 161-51.
B.
Security deposit.
(1)
Whenever a water bill for a user outside the Village has become delinquent
for more than three months, in addition to any other remedy, the Village
may require a deposit of an amount equal to the average bills rendered
for the entire prior year or for two billing cycles.
(2)
Such deposit, without interest, shall be returned to the user upon
a final reading or transfer of title after applying any amount thereof
to any unpaid charges due the Village.
