[HISTORY: Adopted by the Town Board of the Town of Naples
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
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.
A pipe or other conduit used for transmitting water from
a municipal water main or distribution line to a customer's property.
The Town Board of the Town of Naples.
The Town Clerk of the Town of Naples.
The Water District(s) of the Town of Naples.
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.
A.
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.
B.
All the expenses related to the maintenance of the water service
line must be paid for by the customer.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
A.
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.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
B.
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.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
C.
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).
A.
All water rent rates and related chargers shall be set from time
to time by the Town Board by resolution.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
Contents of notice. Said notice shall state:
(1)
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.
(2)
The address and tax map identification number of the premises.
(3)
A recitation of the facts resulting in discontinuance of water service.
(4)
That a hearing may be requested within 10 days after receipt of the
notice upon the issue of whether water service should be discontinued.
(5)
That the request for a hearing must be in writing and contain:
(a)
The name, address and telephone number of the person requesting
the hearing.
(b)
The interest in the property (owner, occupant, agent) of the
person requesting the hearing.
(c)
The address of the subject property.
(d)
That a hearing is requested on the issue of whether water service
should be discontinued.
(6)
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.
C.
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.
D.
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.
E.
Hearing.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
F.
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.
A.
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.
B.
The Water District shall not be responsible for the thawing and repair
of any frozen service lines.
A.
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.
B.
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.
(1)
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.
(2)
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
Among the factors which may be considered by the Town Board in making
its decision are:
F.
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.
