This chapter shall be known and may be cited as the "Water Service
Local Law of the Village of Fonda, New York."
As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT
The owner of property or his or her agent applying for water
service.
COMMERCIAL CONSUMER
Any residential premises outside the Village of Fonda; and
residential premises with more than three units; any mixed-use premises;
or any other property owner, and to also include any and all buildings,
structures, establishments, etc., in which the owner, lessee or occupant
engages in a business, barter or trade, whether retail, wholesale
or otherwise, and shall include but not be limited to stores, restaurants,
laundromats and schools.
CUSTOMER/CONSUMER
The owner of real property receiving water services from
the Department.
DEPARTMENT OF PUBLIC WORKS
The Village of Fonda Water Department, including all its
personnel and staff; duly appointed Street and Water Commissioner,
as head of the Village of Fonda Department of Public Works, appointed
by the Mayor or, in his absence or incapacity, the Board of Trustees.
INDUSTRIAL WATER USE
Water used for fabrication, processing, washing, and cooling.
Includes industries such as chemical and allied products, food, mining,
paper and allied products, petroleum refining, and steel.
MAINS
Distribution and transmission pipelines located in streets,
highway or public ways which are used to serve the general public.
MAYOR
Duly elected Mayor of the Village of Fonda.
PERSON
Any person, firm, corporation, association or legal representative
acting individually or jointly, including a transportation corporation.
PREMISES
The integral property or area, including improvements thereon,
to which water service is or will be provided.
RESIDENTIAL CONSUMER
Any residential premises within the Village of Fonda having
three units or less.
SERVICE AREA
That area in which service is or will be furnished, as prescribed
and approved by the Water Resources Commission, Conservation Department,
State of New York, in a decision dated May 15, 1934, as the same may
have been or may be amended from time to time. The sale of water by
the Village to purchasers outside thereof is carried on under provisions
of the Village Law.
SERVICE CONNECTION
The pipe, valves and other facilities by means of which water
is conducted from distribution mains to the curb stop or curb shutoff
valve.
This chapter shall be applicable to all property and water users
within the Village, and the terms of this chapter shall be applicable
to all water users outside of the Village as terms of a contract in
accordance with which water is to be supplied to such outside users.
The rules and regulations set forth in this chapter shall be
considered a part of the contract of any person who obtains water
from the Village, and every such person shall be considered as having
expressed his or her consent to be bound thereby.
For all properties located outside the Village which are supplied
with water by the Village as individual users and not through a water
district, all meters will be listed under the name of the property
owner, and such owner will be required to deposit the sum as set forth
in the schedule of fees, and such owner shall be responsible for payment
of the cost of water used in connection with the premises. All such
water shall be billed directly to the owner. A security deposit must
accompany the water service application, returnable after one year
of on-time payments. This deposit will be used to cover nonpayment
of bills unpaid longer than 60 days and the water supply will be permanently
disconnected.
The Street and Water Commissioner may authorize a different
size or type of tap, in extraordinary cases, giving due regard for
proper standards for the preservation of pressures and flow.
An additional fee will be charged where a tap is necessary requiring drilling or hydraulic ram. (See Article
II for fees.)
No person shall make any connection with the curb cock or valve,
or extend the same to the meter, located either at the curb or within
the cellar, except an employee of the Water Department, acting under
the direction of the Commissioner, a duly licensed plumber or a person
having a special permit from the Water Department.
The plumber designated and employed by the owner of the premises
shall be considered the agent of such owner while employed in the
prosecution of the work of introducing water into said premises and
not as the agent of the Water Department. The Village shall not be
responsible for the acts of such plumber.
No person except a duly authorized employee of the Water Department
shall open, close or in any way interfere with any valve or gate in
any water main, conduit or street pipe.
Any person who has disturbed or displaced a valve box so that
the valve stem cannot be reached by a key, or who has covered a valve
box or manhole cover of a valve chamber with dirt, paving, plank or
other material, shall immediately remove the obstruction or, if necessary,
pay the Village for the cost of replacing the valve box.
Officers or employees of the Water Department, upon presentation
of proper credentials, may enter upon any premises where Village water
is being supplied or upon any premises when application is made for
a permit to connect plumbing with the Village water main for the purpose
of installing, reading, removing or repairing meters, or for inspecting
the plumbing and fixtures of the water service, and all work in connection
with such service.
Neither the Water Department nor the Village shall be liable
for any damage which may result to any person or premises from shutting
off the water from any main or service, for any purpose whatever,
even in cases where no notice is given.
The Water Department shall not be liable for any damage or loss
of any name or kind, to property or persons, which may arise from,
or be caused by, any change, either increase or decrease, in pressure
of water supplied from any cause whatever.