For brevity and ease of communication, this chapter of the Code of the Village of Dansville may be cited as the "Village of Dansville Water Rules and Regulations."
This chapter shall apply to all aspects of the Village water system inside the Village of Dansville as well as the control, regulation and maintenance of Village water system property outside thereof.
A. 
There shall be appointed a Superintendent of the Water Supply ("Superintendent"), who, on behalf of the Village Board ("Board"), shall have general supervision of the operation and maintenance of the water systems, issue all permits required hereby, read meters, inspect water system installations, and perform other such duties as required for the operation and maintenance of the water system. The Superintendent of the Water Supply may or may not be the same as appointed as the Superintendent of the Department of Public Works of the Village.
B. 
The Superintendent shall take charge of the entire Village water system and provide control and supervision of all operations, activities, equipment, facilities and personnel of said system on a day-to-day basis.
C. 
By authorization of the Village Board through a resolution, the Superintendent may shut off the water supply and remove the meter whenever any of the provisions of these rules, regulations and ordinances are violated.
Every person, firm (for the purpose of this chapter, the term "firm" includes a limited liability company), association, hospital and corporation of every type which hereafter makes application for Village water service, or continues the use of Village water service after the taking effect of this chapter, and the owners of each parcel of realty located fully or partially inside the corporate limits of the Village which is so served by the Village water system, and the respective agents, independent contractors, heirs, legatees, executors, administrators, successors and assigns thereof, are and shall be deemed to have assented and agreed to conform to each and every provision herein set forth in this chapter. All provisions of this chapter shall be an implied part of each application and/or contract entered into by any or all of the above with the Village for Village water service.
The Village will endeavor to provide an adequate supply of water at an adequate pressure, but assumes no liability for failure to do so. As may be more specifically set forth in this and other laws, the Village has and reserves the right to shut off water for failure to pay water rent, for violations of this chapter, and for the purposes of repairs, changes, tests or improvements to the system, and to control water use and consumption in an emergency or when insufficient water is available. No claim whatsoever shall be valid against the Village for any such shutoff or any damage or injury arising therefrom, whether direct or indirect, consequential or otherwise. All properties supplied with Village water shall be fitted with a suitable check valve, pressure-reducing device, or other device by the owner so as to fully prevent all damage and injury that may occur by the sudden shutoff of water service.
A. 
No person, firm, association, hospital, corporation of any type, owner of real property, contractor, plumber, developer, builder, or agent of any of the above shall do any work on or operate, molest, or interfere in any way with any Village water mains, valves on said mains, public hydrants, curb stopcocks and boxes, meters, or service connections from the water main to the curb box, with the exception in the case of hydrants that members of an organized Fire Department or Fire Company may operate them in the performance of their duties. The machinery, pumps, buildings, lands, water supplies, reservoirs and all other property of the Village of Dansville and its water system not otherwise specifically mentioned in this section shall not be defaced, injured, disturbed, interfered with and/or entered into or upon in any way whatsoever, by any person, firm, association, hospital, corporation of any type, or any animal, item, substance or material owned by or emanating from any of the above.
B. 
No person, firm, association, hospital, corporation of any type, owner of real property, contractor, developer or agent of any of the above shall make any installation of or addition, alteration, repair, or in any other way make contact or interfere with any water service connection between the curb box and to each meter thereon, unless and until a written application therefor, subscribed by the persons required thereon, has been made to the Superintendent no more than 30 days nor less than one day prior to the day that said work shall commence together with an application fee and all other fees set forth herein, and the Superintendent has approved said application by issuing a permit therefor. All such applications must specify the contractor and/or plumber performing the work. No work may be done by anyone other than the contractor or plumber specified in such permit application or an employee directly supervised by said contractor or plumber. All such contractors and plumbers must be approved by the Superintendent as to their capabilities to properly complete the work to be performed. No work shall be done after the completion time specified in the permit application unless written approval of such extension of time is first obtained from the Superintendent.
C. 
Prior to the issuance of the permit and commencement of the work, the contractor, plumber and owner shall provide the Village with an acknowledged agreement signed by each of them whereby each jointly and severally shall 1) be responsible for and pay the Village for all loss of public property that may be occasioned by said work, and 2) indemnify, hold harmless and defend the Village from all other personal injury and property damage related in any way to said work, and 3) fully abide by all provisions of this chapter, all as more fully set forth.
A. 
The owners and occupants of each and every parcel of real property and/or separate lot fronting or abutting on any street or portion thereof in or upon which and within 100 feet or less of said property, any Village water main or distributing pipe is about to be laid, or is being laid or has been laid, shall make and lay connection pipes for each said parcel or lot to and including a curb stop and box at their expense and pursuant to the provisions of this chapter from the main to the property line whether or not any buildings presently exist thereon and then to all buildings thereon where water is consumed therein so that only Village-supplied water is used therein.
B. 
All connections required by this chapter shall be made within three months after the date that notice of said requirement has been published once in the official Village newspaper. If the connections are not made in the required time, in addition to being a violation of this chapter and all other remedies provided therefor, the Superintendent, with the approval of the Village Board, may make, extend and complete the same, and the actual expense thereof, including all labor done and materials used in doing and completing the same, including all fees set forth hereinafter, shall be assessed upon each separate piece of property opposite or upon which the same shall be done and completed and shall be a lien and liens on said premises and lots of land respectively, and shall be collected along with all legal fees and costs incurred to collect same, in accordance with this and any other law.
No person, firm, association, hospital, or corporation of any kind, or any agent thereof who is a customer of the Village water service, or the owners of the real property so served shall allow or condone the water therefrom to be drawn, taken to or used by the owners or occupants of other premises not paying Village water rents; and no such owners or occupants of other premises not paying water rents shall draw, take or use said water from a premises paying said water rent. A violation of this section shall, in addition to all other penalties, result in an immediate shutoff of the water supply by the Superintendent of the real property involved.
A. 
The Superintendent or his designated representative shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this chapter, make necessary examinations or repairs, replace water meters and ancillary plumbing, or verify compliance with an order issued hereunder. Users shall allow the Superintendent or his designated representative ready access to all parts of the premises for the purposes of inspection, sampling, meter replacements, records examination and copying, and the performance of any duties and responsibilities as assigned to him in this chapter. The Superintendent or his designated representative may enter the premises of the user at any time upon:
(1) 
The request of the owner of the property or an authorized agent of such owner, or the user or an authorized agent of such user; or
(2) 
Receipt by the Superintendent of a written statement alleging that conditions or activities exist that prevent the user from complying with the requirements of this chapter or order issued hereunder; or
(3) 
Receipt by the Superintendent of any other information reasonably believed by the Superintendent to be reliable, giving rise to reasonable cause to believe that conditions or activities exist that prevent the user from complying with the requirements of this chapter and any individual wastewater discharge permit or order issued hereunder; or
(4) 
Any circumstance in which an order or warrant shall have been obtained from a court of competent jurisdiction that permits such right to enter by the Superintendent or his designated representative.
B. 
Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Superintendent shall be permitted to enter without delay for the purposes of performing specific responsibilities. Pets and animals shall be under proper control of the user while the representatives are on the user's property or property rented/leased by the user. The Superintendent and such authorized representatives shall, additionally, have access to and may copy any records the user is required to maintain under this chapter.
C. 
The Superintendent shall have the right to set up on the user's property, or require installation of, such temporary devices as are necessary to conduct sampling, testing, and/or metering of the user's operations or water service system.
D. 
Any temporary or permanent obstruction to safe and easy access shall be promptly removed by the user at the written or verbal request of the Superintendent. The costs of clearing such access shall be borne by the user.
E. 
Unreasonable delays in allowing the Superintendent access to the user's premises shall be a violation of this chapter.
F. 
If the Superintendent has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect to verify compliance with this chapter or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the Superintendent may seek issuance of a search warrant from a court of competent jurisdiction.
G. 
The Superintendent and his designated representatives, and other authorized representatives of the Village, shall have the right to access the user's property or property rented/leased by the user.
A. 
The Village reserves the right to refuse to supply water service to any applicant or consumer unless such service is to be furnished to a permanent residence or dwelling including a mobile home erected and attached to a permanent foundation.
B. 
The Village reserves the right to limit the amount of water furnished to any customer, should circumstances warrant such action or the Village may entirely shut off the water supply used for any manufacturing purposes, or for furnishing power, or for lawn sprinkling, car washing, or other similar uses, at any time, by giving reasonable notice of such intended action. Or, in case of making or constructing new work, or in making repairs, the right is reserved to shut off the water from any customer without prior notice for as long a period as may be necessary.
C. 
The Superintendent has the right to invoke the following restrictions in time of drought or emergency:
(1) 
No water is to be used for sprinkling of lawns or golf courses.
(2) 
No washing of automobiles, trucks, or any motor vehicle of any kind.
(3) 
Other restrictions as deemed necessary and appropriate.
D. 
The Village may implement other water conservation measures by resolution of the Village Board as deemed necessary from time to time.
E. 
Moratorium: at the recommendation of the Superintendent who determines that:
(1) 
One or more segments of the public water system are at or beyond its hydraulic capacity to serve portions of the service area tributary to it;
(2) 
Any specific purpose of this chapter is being violated due to excessive water use or loss or reduction in capacity;
(3) 
Provisions of an intermunicipal agreement are being violated; or limits of water supply or provisions set forth in an intermunicipal agreement are in danger of being violated if additional demands are placed on the system.
F. 
The Village Board shall have the authority to limit or deny new connections to the public water system until the conditions leading to the moratorium are corrected either by the construction of new or the enlargement of existing facilities, repair of facilities, reduction in water use, amendment or redevelopment of intermunicipal agreement terms.