[HISTORY: Adopted by the Board of Trustees of the Village of Valatie 10-4-1924 (Ch. 127 of the 1980 Code). Amendments noted where applicable.]
[Amended 4-22-1980 by L.L. No. 16-1980]
There shall be appointed by the Mayor, with the approval of the Board of Trustees, a Superintendent of the Water Department whose term of office shall be at the pleasure of the Board. The Superintendent shall have charge of the entire system and be responsible for its maintenance in proper condition. He shall have custody of the tools and supplies belonging to the Department.
[Amended 3-9-1993 by L.L. No. 2-1993; 4-19-2016 by L.L. No. 1-2016]
No service connection will be made until the owner or agent of the property signs an application to the Superintendent stating for what purpose the water is to be used, and no permit will be issued for such connection until the applicant has first paid to the Village Clerk the sum set by resolution of the Board of Trustees from time to time and presented the receipt for the same.
The water furnished under the scale of annual rates is for household purposes only and will not be allowed for any other purpose whatever without special permit.
[Amended 4-22-1980 by L.L. No. 16-1980]
No persons other than those employed by the Superintendent shall be permitted to tap or make any connection or attachment with the pipes of the Water Department or to make any repairs, additions or alterations to any water main or service pipe or to any part of the Water Department system.
[Amended 4-22-1980 by L.L. No. 16-1980]
The Water Department agents may enter any premises supplied with water by the Department at all reasonable hours to examine the water pipes, meters, meter connections and other water fixtures.
A. 
In case of fraudulent representation on the part of any water consumer, or unnecessary waste of water, the supply of water will be stopped and the payment forfeited.
B. 
All leaks in service pipes must be promptly repaired by the owner or occupant. Unless done within a reasonable time, the water will be shut off until repairs are made.
No fountain will be allowed except by special permit, and such fountain must not run before 8:00 a.m. nor after 6:00 p.m.
Persons taking water must keep in repair their own water pipes and all fixtures connected therewith and protect them from frost at their own expense. They must also provide a stop cock and waste cock to be properly located inside the building and have the pipes so arranged that the water can be drawn from them whenever there is danger of freezing.
[Added 4-22-1980 by L.L. No. 16-1980; amended 1-8-1985 by L.L. No. 1-1985; 6-10-1986 by L.L. No. 1-1986]
A. 
A nonrefundable charge shall be made for each application for water services. Said charge shall be as set by the Board of Trustees from time to time by resolution.[1]
[1]
Editor's Note: The original Section 14 of these provisions, relating to penalties, of the 1980 Code, was repealed 4-22-1980 by L.L. No. 16-1980.
B. 
Water rates to consumers within the corporate limits of the Village of Valatie for metered usage and for unmetered usage shall be set by the Board of Trustees from time to time by resolution. The rates for metered usage may differ from the rates for unmetered usage.
C. 
Water rates to consumers outside of the corporate limits of the Village of Valatie shall be at rates separately established by resolution of the Board of Trustees of the Village of Valatie, and may be at which are greater limits.
D. 
If water is shut off for failing to pay a bill when due, a charge shall be assessed for the reconnection of service upon payment of the overdue amount. Such charge shall be as set by the Board of Trustees from time to time by resolution, and the amount of said charge may be higher for consumers who have acquired reconnection on more than one occasion for failure to pay a bill when due.
E. 
A nonrefundable charge shall be made equal to the cost of all new meters installed by the Water Superintendent.
[Added 12-8-1992 by L.L. No. 4-1992]
F. 
A nonrefundable charge shall be made for the testing and calibration required by § 335-19 of this chapter. The cost of such testing and calibration shall be determined by the Village Board of Trustees by resolution if it is done by the Village.
[Added 12-8-1992 by L.L. No. 4-1992]
[Added 4-22-1980 by L.L. No. 16-1980; amended 1-8-1985 by L.L. No. 1-1985]
A. 
Except as provided in Subsection E herein, all services are to be metered.
B. 
All meters shall be purchased by and maintained by the Water Department.
C. 
All meters shall be set by employees of the Water Department and shall not be moved or disturbed without permission.
D. 
Size.
(1) 
The Water Department reserves the right to specify the size of service and meter dependent upon requirements that may be made upon them by fixtures installed on the consumer's premises.
(2) 
All new meters installed which are larger than two inches in size will be compound meters to ensure accuracy in readings unless the Village Engineer files a writing with the Water Superintendent indicating that, because of circumstances relating to the volume of water usage, no compound meter will be required.
[Added 12-8-1992 by L.L. No. 4-1992]
E. 
The Water Department may, upon request from a consumer, provide an unmetered quantity of water to the consumer if such delivery is within the capability of the Water Department and if such delivery will not place an undue strain, as determined by the Water Department, upon the water supply of the Village and if, in the discretion of the Water Department, such request is reasonable. An example of such an unmetered delivery would be for the filling of a private pool.
[Added 4-22-1980 by L.L. No. 16-1980; amended 9-10-1984 by L.L. No. 6-1984]
A. 
Bills for water service shall be rendered quarterly in advance, together with a charge for the excess water used in the preceding quarter year.
[Amended 6-10-1986 by L.L. No. 1-1986]
B. 
Bills are due and payable when rendered.
C. 
The Water Department may require a deposit from the consumer to guarantee payment of water bills.
D. 
The Water Department may also shut off water in case of failure to pay water bills within a reasonable time.
E. 
A penalty of 10% per month, commencing on the first day after the due date and compounding on the same day of each month thereafter, shall accrue to any bills which remain unpaid from the previous quarter for so long as such bills remain unpaid.
[Amended 10-10-1989 by L.L. No. 4-1989]
F. 
Notwithstanding anything contained in this article to the contrary, in the event that property in the Village is transferred to a new owner, or at any other time upon the request of the current property owner, the Water Department, upon receiving notice of such transfer or request, will read the water meter for that property and a bill shall be rendered.
[Added 1-8-1985 by L.L. No. 1-1985]
G. 
Bills for water service shall be rendered only to the owner of record of any premises subject to this article, regardless of any private agreement between the owner and another party concerning the payment of bills.
[Added 1-8-1985 by L.L. No. 1-1985]
H. 
Notwithstanding anything contained herein to the contrary, bills for unmetered water usage shall be rendered upon delivery of the unmetered water to the consumer.
[Added 1-8-1985 by L.L. No. 1-1985]
[Added 4-22-1980 by L.L. No. 16-1980; amended 6-10-1986 by L.L. No. 1-1986]
A. 
Repairs, changes or necessary purposes. The Water Department may at any time shut off water for the purpose of making repairs or changes in its piping system or for any other necessary purpose and may also shut off water upon the failure of consumers to observe its rules and regulations. The Water Department shall not be liable for damage caused by shutting off water or for damage caused by any variation in pressure, and no consumer shall be entitled to any discount or rebate by reason either of shutting off water or of any variation in pressure as aforesaid. The Water Department will, however, when practicable, give consumers notice of its intention to shut off water.
B. 
Nonpayment of bills. All water bills remaining unpaid 60 days after presentation will result in the discontinuance of water service following written notice sent to the consumer. Such water shall not be restored until the bill, all penalties, service and administration charges have been paid in full.
[Added 4-22-1980 by L.L. No. 16-1980]
In no event will water be furnished to any premises where, through any fixtures or any connections, there is a possibility of mingling the water furnished by the Department with water from any other source.
[Added 12-8-1992 by L.L. No. 4-1992]
All water meters will be tested and calibrated on a regular basis by an individual or firm designated by the Village Board of Trustees.
[Added 12-8-1992 by L.L. No. 4-1992]
A. 
No person shall install a pipe which bypasses, avoids or in any way effects the accuracy of meter readings of water usage.
B. 
Any such pipes described in Subsection A of this section existing on December 10, 1992, shall be metered in accordance with the provisions of this chapter or removed on or before the first day of March 1993.
C. 
Notwithstanding the provisions of Subsection B of this section, if, in the discretion of the Board of Trustees, there is substantial reason that such pipe described in Subsection A of this section existing on December 10, 1992, should continue to exist, then in that event the Board of Trustees may, by resolution, authorize the continuance of said pipe, provided that:
(1) 
The pipe shall be equipped with locking valves which shall block the flow of water through such pipes in a manner specified by the Village Engineer.
(2) 
The sole key to said lock is held in the possession of the Water Superintendent unless, in the discretion of the Water Superintendent, there is need for the customer to have an additional copy of the key.
(3) 
No person shall open the locking valve on such bypass pipe unless the primary meter fails to deliver water or the primary meter is removed for repair or calibrated.
(4) 
Minutes of such resolution are kept on file in the Village offices, together with a copy of a writing of the Village Engineer approving such locking valve.
[Added 12-8-1992 by L.L. No. 4-1992]
A. 
Where the Village Engineer determines in writing, at his discretion, that it is necessary, because of extreme fluctuations in the volume of usage of water through a particular service connection, that a compound meter be installed and files such writing with the Water Department, the Water Superintendent shall replace an existing meter with a compound meter to ensure accuracy in readings.
B. 
All meters larger than two inches in size that are installed after December 10, 1992, will be compound meters to ensure accuracy unless the Village Engineer shall file with the Water Department a writing indicating that, in his discretion, because of unusual circumstances relating to the volume of water usage, such compound meter shall not be required.
[Added 4-22-1980 by L.L. No. 16-1980]
The foregoing rules and regulations are subject to such additions and amendments as may be made from time to time by the Board of Trustees of the Village of Valatie.
[Amended 4-22-1980 by L.L. No. 16-1980]
No person or persons, except the Superintendent of the Water Department or those acting with his permission, shall open or close any valve or gate in the street mains or molest or interfere with same in any manner.
[Amended 4-22-1980 by L.L. No. 16-1980; 3-14-2006 by L.L. No. 2-2006]
No person, corporation or other entity, except the Water Superintendent of the Village of Valatie or those acting under his direct supervision or with his permission, including, but not limited to, the Chief, assistants or officers of the Valatie Fire Department, are permitted to open any fire plug or hydrant or to draw water therefrom. However, any firefighting company may draw water from the hydrants in the event of an emergency for a firefighting purpose. All training and nonemergency use must be coordinated with the Water Superintendent of the Village of Valatie with notice in advance to the Water Superintendent. In each case, however, the Fire Chief will be responsible for the proper use of the fire hydrants and in no event shall an inexperienced or incompetent person be permitted to manipulate or control them in any way.
[Added 9-8-1992 by L.L. No. 2-1992]
When, in the opinion of the Superintendent of the Water Department, conditions so dictate, the use of water for lawn sprinkling and gardening purposes, water-cooled equipment and swimming pools and any other use of water outside of a residence may be limited or prohibited.
[Amended 9-8-1992 by L.L. No. 2-1992; 3-14-2006 by L.L. No. 2-2006]
A violation of this chapter is hereby declared to be an offense punishable by a fine not exceeding $500 for the first offense; a minimum fine of $1,000 for the second offense and a minimum fine of $2,000 for the third offense. In addition, in the event that the water is drawn from a fire hydrant and the amount drawn can be reasonably ascertained, the violator shall be charged five times the highest usage rate per thousand gallons charged by the Village of Valatie. Violations of this chapter shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations.