[HISTORY: Adopted by the Town Board of the Town of Naples as indicated in article histories. Amendments noted where applicable.]
Building construction and fire prevention — See Ch. 61.
[Adopted 1-2-2018 by L.L. No. 2-2018]
In order to establish procedures and rules governing the use and maintenance of the infrastructure providing the supply of potable water within the Naples Water District, to provide for equitable charges for the use of said water supply and infrastructure, to provide for penalties for violations of established procedures and to protect and preserve the health, safety and well-being of the residents and property owners within the Naples Water District, the Town Board of the Town of Naples hereby adopts the Water District Regulations article of the Code of the Town of Naples.
The following words or phrases shall have the meanings provided herein for the purposes hereof:
- The person seeking to have water service introduced to a property.
- The person or persons receiving water service from the Water District, including but not limited to the owner of the premises receiving such water service.
- SERVICE LINE
- A pipe or other conduit used for transmitting water from a municipal water main or distribution line to a customer's property.
- TOWN BOARD
- The Town Board of the Town of Naples.
- TOWN CLERK
- The Town Clerk of the Town of Naples.
- WATER DISTRICT
- The Water District(s) of the Town of Naples.
- WATER METER
- A device installed in order to measure the volume of water entering a property.
The provisions of this article shall become a part of the contract of any person, firm, corporation or other entity who or which obtains water from the Naples Water District on or after the effective date of this article, and every such person, firm, or corporation shall be considered as having expressed his, her or its consent to be bound thereby by virtue of accepting water service from the Naples Water District.
Any person, firm, corporation or other entity desiring a water supply from the Naples Water District, after the effective date of this article, must first make written application to the Town Clerk or other designated officer or entity stating fully the various uses for which the water is to be used, the street address for which service is requested and the name and address of the owners of the premises for which service is requested. Each application shall be signed by the owner of the premises or his duly authorized agent. Upon receipt and approval of the written application, a permit shall be issued with respect thereto. All customers who receive such a permit shall utilize only competent craftsmen to perform the work required to implement the permit, which shall be completed in a competent and workmanlike fashion. When such work has been inspected by authorized Water District personnel and is in compliance with all of the provisions of this article and upon payment of any charges due, water service shall be provided to the subject premises.
All expenses attending the introduction of water service from the water main to any premises within the Water District must be paid for by the customer.
All the expenses related to the maintenance of the water service line must be paid for by the customer.
The workman or firm employed and designated by the customer or his agent, with respect to work on the service line, shall be considered as the agent of said customer while employed in the performance of the work of introducing water or maintaining a service line and associated apparatus to said premises and will not be recognized in any sense as the agent of the Water District or the Town of Naples. The Water District and the Town of Naples shall not be held responsible for the acts of said workman or firm.
The work of inserting the taps, tees and connections in any water main shall be done only by persons authorized by the Water District under the direct supervision of authorized Water District personnel. All such connections and taps shall be made at the side of the main.
The owner or agent receiving the permit for the introduction of water service into a premises, as well as the workman or firm doing the work, will be required to cause pipes or lines to be placed not less than 4 1/2 feet below the surface of the earth. Under all streets and roads such pipes or lines shall be placed not less than five feet below the surface.
The owner of the property into which water is introduced by a service line will be required to maintain in perfect order and repair at his or her own expense said service line and its fixtures and appurtenances from the water main into the building, including all fixtures and apparatus therein provided for delivering or supplying water for any purpose. In all cases of premises provided with water service by a service line in excess of 200 feet, the owner shall be responsible for installing a second curb box within 50 feet of the structure on said premises at a location accessible to Water District personnel. In case said service and fixtures are not kept in perfect repair, Water District personnel may discontinue the water service or make necessary repairs and the expense incurred thereby levied upon the owner of the property receiving that water service.
The Water District undertakes to use reasonable care and diligence to provide a constant supply of potable water through its mains to customers but reserves the right at any time, without notice, to discontinue water service in its mains for purposes of repair or for any other legitimate purpose. The Water District shall not be liable for the deficiency or failure in the supply of water for any cause whatsoever or for any damage caused thereby, by the bursting of any mains or service lines or any accident to Water District infrastructure. It is the intention of the Water District, when practicable, to give notice of any interruption to the customer. No deduction from water bills will be made in consequence thereof.
In the event that two or more water service customers are supplied by the same service line and water meter, the failure of the owner of the premises to pay water rents or other charges when due or to comply with any provision of this article shall authorize the Water District to discontinue the water service from said service line until all rents and other charges are paid and the provisions of this article have been complied with.
It is understood and agreed that authorized Water District personnel or agents may enter the premises of any owner at any reasonable time to examine the pipes, fixtures, meters and other appurtenances, the quantity of water used and the manner of its use. In case of fraudulent representation on the part of any customer or unnecessary wastage of water, the water service may be discontinued.
In the event that repairs or construction work is necessary, the Water District reserves the right to discontinue the water service to any customer, without notice, as long as may be necessary.
The Water District reserves the right to limit the amount of water furnished to any consumer when circumstances warrant such action, despite no limit being stated in the application or permit for such use. Further, the Water District may entirely discontinue water service for any manufacturing purpose or any use for supplying power at any time by giving reasonable notice to the consumer of such intended action.
The owner of the premises to which water is supplied shall be chargeable for all water received from the District main. In the event that leaks occur in the service line or other apparatus for which the owner is responsible, as provided in Subsection F of this section, the Water District may estimate the amount of water lost by said leaks and charge same to the owner of the premises.
It is hereby declared to be the policy of the Naples Water District that the total costs of supplying, treating and distributing water shall be borne by the accumulative water rents and other Water District related charges paid by the owners of premises and customers served by the Naples Water District. All water rents shall be based upon the actual or estimated volume of water consumed. Other Water District charges shall be determined and levied as necessary.
In order to implement the policy of the Water District, it shall be the obligation of every owner of premises served by the Water District to install a water meter upon his or her premises. All meters shall be installed horizontally.
Further, every owner of premises served by the Water District shall install a cross-connection (check valve) control device, the purpose of which shall be to prevent water which has passed through the water meter flowing back through the meter into the Water District system and thereby creating a risk of contaminating the system.
A double cross-connection control device (check valve) or other acceptable backflow prevention device must be installed in agricultural, industrial and commercial connections or as otherwise required by New York State Department of Health regulations, at the expense of the owner. The responsibility for cross-connection controls found in Part 5 of the State Sanitary Code, Section 5-1.31, entitled "Cross Connection Control," shall be a part of this article and is incorporated herein by reference. The supplier of water is responsible to assure that water of questionable or unsuitable quality does not enter the public water supply system. The supplier is required to determine the degree of hazard that a facility poses to its water supply system and to require that an acceptable backflow prevention containment device be installed, tested, operated and maintained by the owner and that adequate records of maintenance and repair be kept and submitted at least annually to the Water District. The property owner/customer has the primary responsibility of preventing contaminants from entering the public water supply. The owner shall, as required by the supplier of water per Part 5, Section 5-1.31(A) and (B), of the State Sanitary Code, install, test, operate, maintain and keep adequate maintenance and repair records for every backflow prevention device installed to provide containment. Additionally, as stated in Part 5, Section 5-1.31(C) thereof, the owner shall prevent cross-connections between the potable water piping system and any other piping system within his facility.
Cross-connection control device. Water District personnel may at any reasonable time inspect any building in order to determine if a hazard exists due to an actual or potential source of contamination to the Water District infrastructure. In any case, in the event that the Water District deems such hazard to exist, it may require the property owner to install a cross-connection control device. Such cross-connection (check valve) control device shall be designed and installed in accordance with regulations of the New York State Department of Health and the Water District specifications and must be approved by Water District personnel prior to installation.
Cross-connection hazard. The types of facilities which are deemed likely to pose cross-connection hazards are those which are described in the Cross-Connection Control Guidelines as promulgated from time to time by the New York State Department of Health.
Enforcement. In the event that a required backflow preventer (check valve) is not installed within the period of time prescribed by authorized Water District personnel, the supply of water to the premises may be discontinued by the Water District until the installation is completed. The property owner/customer shall cause all backflow prevention devices to be tested and certified at least annually and shall submit all test reports to the Town Clerk's office.
Each water meter, including remote measuring reader, connectors, wires and other appurtenances, together with cross-connection control devices, shall be as specified by the Water District as to make and model. No other equipment shall be installed without the written consent of the Water District. All such equipment shall be the property of the owner, subject to the supervision and inspection of Water District personnel as provided by this article.
The cost of each water meter, remote measuring reader, connectors, wires, cross-connection control devices and appurtenances shall be the expense of the owner. The cost of any equipment made available by the Water District, if not paid for when the equipment is acquired, shall be included in the next water rent bill and shall be collected thereby.
All of the equipment referred to in Subsection B(1) shall be installed at the owner's expense by a craftsman or contractor of the owner's choosing. The installation of all such equipment shall be done in accordance with the specifications established by the Water District, copies of which shall be available at the office of the Town Clerk.
The installation of the equipment will not be deemed complete and the water service will not be provided until an inspection and approval have been made by authorized Water District personnel.
All meters shall be sealed and shall be under the exclusive control and jurisdiction of the Water District. No person shall tamper with, unseal or disconnect a water meter from service after its installation has been approved by the Water District.
The owner of the premises shall provide a suitable place for the meter, which shall be on the interior of the building, unless in the opinion of authorized Water District personnel, such placement is impractical and another site designated.
The cost of all repair, replacement, parts and labor resulting from any damage which the meter may sustain by the carelessness of the owner, or from the failure or neglect to properly protect and maintain the same, or from negligence, as well as any damage which may result from allowing the meter to become frozen or to be injured by hot water or steam settling back from a boiler, plus a charge for disconnection and resetting the same, shall be paid by the owner. Such charges shall be itemized on and collected with the water bill.
All defects or claims of defects in water meters shall be immediately reported to the Water District. If the owner questions the accuracy of water meter, the meter shall be tested by the Water District personnel. In the event that the meter registers between 98% and 102% of accuracy, or if the meter is registering slow, the expense of the testing shall be paid for by the owner and collected with the next water bill. If the meter registers fast, outside the above limits, the expense of testing shall be paid by the Water District and the water bill will be adjusted accordingly. Adjustments for improper registering or failure to register shall be made by Water District personnel, limited to one quarter's water bill, and when based upon reasonable facts and estimates shall be binding and conclusive on the owner and on the Water District.
Every service line extending from the main to the property to be served shall be equipped with a water meter and a cross-connection control device (check-valve backflow prevention device).
All water rent rates and related chargers shall be set from time to time by the Town Board by resolution.
The water rent and related schedule of charges adopted by the Town Board shall be filed with the Town Clerk, together with notification of the effective date of the new schedule by public notice, published and posted.
Billings will be rendered quarterly by the Water District. Bills shall be payable at the location designed by the Town Board of the Town of Naples.
The Water District shall be responsible for having each water meter read on a quarterly basis. Each owner/customer is deemed to have given his consent for the Water District or its personnel or agents to go upon or in the customer's premises at any reasonable time for the purpose of reading the water meter.
Each service line shall be served by only one water meter. In the event that more than one dwelling unit uses water at a particular property, it shall be the responsibility of the owner of the property to allocate each person's or family's proportionate cost of the total water bill. Such allocation may be done by the installation of individual meters at the owner's expense, in sequence after the single meter required by this article. The Water District shall have no responsibilities with respect to these individual meters.
Each separate dwelling unit, business property, mobile home park, multiple-family dwelling, apartment building, school or church served by the Water District shall be required to have its own separate service and curb box. In the event that a new curb box and service line need to be installed, it shall be done at the expense of the owner requiring the new service line and curb box. For the purposes of this section, the owner of the premises closest to the curb box serving more than one property or structure shall be deemed its owner, and all other customers served by said curb box and line shall be required to install a new curb box and line.
Any customer wishing to discontinue the use of the water supply from the Water District must give written notice thereof at the Town Clerk's office. The customer shall be charged for water consumption until water service is discontinued.
Whenever water service has been discontinued by the personnel of the Water District for the purpose of repair, construction or for any other necessary or proper reason, no person is permitted to restore water service who is not duly authorized so to do by the Water District. In the event that water service is discontinued for violation of any rule or regulation, water service shall not be restored until approval thereof by authorized Water District personnel.
In the event that water service is to be discontinued to any customer of the Water District, for any reason, prior to such discontinuance of water service, the owner and occupants, if any, of the property receiving that water service shall be served with a notice of discontinuance of water service.
Contents of notice. Said notice shall state:
The name(s) of the owner(s) of record as appears from available Ontario County Real Property Service Office records and the name(s), if known, of the person(s) occupying the premises.
The address and tax map identification number of the premises.
A recitation of the facts resulting in discontinuance of water service.
That a hearing may be requested within 10 days after receipt of the notice upon the issue of whether water service should be discontinued.
That the request for a hearing must be in writing and contain:
The name, address and telephone number of the person requesting the hearing.
The interest in the property (owner, occupant, agent) of the person requesting the hearing.
The address of the subject property.
That a hearing is requested on the issue of whether water service should be discontinued.
That the hearing request must be served upon the Town Clerk at 106 South Main Street, Naples, NY 14512, within 10 days of receipt of the notice of discontinuance.
Service of notice. Service of said notice shall be made upon the owner(s) and any occupant(s) pursuant to the applicable provisions of Article 3 of the Civil Practice Law and Rules (CPLR) of the State of New York.
Request for hearing. Within 10 days of service upon the owner(s), occupant(s) or other person(s) having control of a building or structure, of a notice of right to appeal, the owner(s) and/or occupants and/or any other person(s) deeming himself or herself aggrieved by discontinuance of water service may request a hearing.
Upon receiving a request for a hearing the Town Clerk shall forthwith notify the Town Supervisor that a request for a hearing has been filed. The Town Supervisor shall designate a Hearing Committee to hear and determine the matter and shall inform the Town Clerk of the Hearing Committee so designated. The Hearing Committee shall consist of two current members of the Town Board. The Hearing Committee shall schedule a hearing as soon as is possible. The Town Clerk shall inform the person(s) requesting the hearing, in writing, of the date and place of the hearing not less than five days prior to the date of the hearing.
At such hearing the designated Water District representative shall present such evidence as is relevant to the issue of water service discontinuance. The hearing applicant may likewise present such evidence as is relevant with respect to such issue.
The Hearing Committee shall, upon conclusion of the presentation of relevant evidence, determine whether water service should be discontinued. The Hearing Committee shall promptly issue a written report containing the findings of fact and its determination. Such report shall be provided to: the person requesting the hearing and his attorney, if any; the Water District Clerk; the Town Clerk and the Town Supervisor within five days of conclusion of the hearing. In no event shall water service be discontinued prior to 72 hours subsequent to service of the written report upon the person requesting the hearing or his or her attorney, except as provided in Subsection F of this section.
Any person aggrieved by the decision of the Hearing Committee may appeal said decision directly to the Supreme Court of the State of New York, pursuant to Article 78 of the Civil Practice Law and Rules. Such a proceeding shall not stay further action pursuant to this policy unless a court of competent jurisdiction so orders.
Emergency procedures. Notwithstanding the provisions of Subsection A hereof with respect to prior notice and hearing, whenever the conditions described in Subsection A of this section constitute such an immediate hazard that the water service must be discontinued immediately or within less than the designated period, such water service may be discontinued. In such event notice shall be given to the owner and occupants immediately in accordance with the provisions of Subsections B and C hereof, with the provisions of Subsections D and E being applicable.
No person or persons are permitted to open any fire hydrants or to draw water therefrom, except by permission of and under the direction of authorized Water District personnel. The Chief of the Naples Fire Department, his assistants and officers are authorized to use the hydrant and plugs for the purpose of extinguishing fires or practice without such advance permission. All such uses shall be under the supervision and direction of the Chief of the Fire Department and his assistants. In no event shall any inexperienced or incompetent person be allowed to control or utilize in any way any hydrant or other associated apparatus of the Water District.
No person or persons, except authorized Water District personnel, or such persons acting under the direction of Water District personnel, shall open or close any valve or gauge in the mains or molest or interfere with the same in any manner whatsoever.
Where existing service lines are not at a sufficient depth to prevent freezing, the Water District may require the customer to lower the service line at his own cost and expense to a sufficient depth to prevent freezing (i.e.; not less than 4 1/2 feet and not less than five feet under streets and roads). Upon failure or neglect so to do the Water District may discontinue water service.
The Water District shall not be responsible for the thawing and repair of any frozen service lines.
Property owners shall be held responsible for any damages caused by a violation of this article, whether such violation is committed by the owner, his employees, agents or tenants.
Upon any violation of any provision of this article, the Water District shall send a written notice to the owner specifically stating the nature of the violation and the section(s) of this article with which the owner is not in compliance. If within 10 calendar days subsequent to such written notice being sent, the violation is not corrected, service may be disconnected pursuant to the provisions of § 130-9 hereof and shall be restored only upon payment of such service fee as is established by resolution of the Town Board and compliance with the provisions of this article to the satisfaction of Water District personnel.
Any billing not paid within 30 calendar days of the billing date shall be assessed a late payment fee of 10% of the unpaid billing.
In the event that the water bill remains unpaid on September 1 of any year, notice shall be made to the property owner that the unpaid water bill shall be forwarded to Ontario County to be levied as a tax on the subject property in the following year. On October 1 of each year the Town Clerk shall, upon resolution of the Town Board, notify Ontario County, in writing, of all delinquent water bills remaining unpaid, including penalties, and shall request that these be levied on the designated properties on the ensuing year's tax roll.
Any aggrieved customer who wishes to contest the accuracy of any bill for water rent shall request an informal hearing before the Town Board. Such request shall be made in writing and shall be mailed or delivered to the Town Clerk within 15 days of the delivery of the bill or notice.
The hearing shall be held at the next regular meeting of the Town Board after delivery of the request to the Town Clerk, or at another regular meeting as agreed upon by the customer and the Board. The decision of the Town Board shall be made within 10 days of the hearing, and a written summary thereof shall be delivered or mailed to the customer within three days of the decision.
The customer seeking relief shall personally appear at the hearing unless such appearance is waived by the Town Board, and shall present whatever evidence he or she has in support of the claim for relief. The customer should be prepared to answer all questions posed by the Town Board or appropriate Water District personnel.
No relief may be granted to a customer unless the customer has shown to the satisfaction of a majority of the Town Board that the water bill is erroneous either by reason of measurement or in mathematical calculation.
Among the factors which may be considered by the Town Board in making its decision are:
In the event that a majority of the Town Board finds that a customer is entitled to relief, the Town Board may forgive the outstanding bill in whole or in part, including penalties for late payment, may allow the unpaid bill to be paid in installments, or may fashion any other remedy which the Town Board believes to be fair and equitable under the circumstances.