[HISTORY: Adopted by the Town Board of the
Town of Lockport 2-2-2005 by L.L. No. 1-2005.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Public improvements — See Ch. 137.
Sewers — See Ch. 150.
Subdivision of land — See Ch. 165.
Zoning — See Ch. 200.
[1]
Editor's Note: This local law also repealed
former Ch. 193, Water, adopted 2-5-1992, as amended.
The Town of Lockport hereby establishes the
Water Code of the Town of Lockport. This code is established for the
purpose of regulating water usage in the Town, providing for payment
for water usage, providing for and insuring proper and safe water
usage, and establishing rights and obligations of water users in the
Town. This code shall apply to all water users in all water districts
in the Town and to any out of district users.
In these rules and regulations, certain parties
are referred to and are hereby defined as follows:
The Town Board of Lockport, Niagara County, New York, or
its duly authorized representative.
The person or corporation or other entity to be served, or
the authorized agent of such person or corporation.
All water districts within the Town of Lockport, Niagara
County, New York.
The persons or corporations or other entity owning or having
legal control of the property to be served, or the authorized agent
of such persons or corporations.
In addition to its usual meaning, includes any corporation,
partnership or other legal entity.
The person designated by the Board to supervise the daily
activities of the Water Department, or his authorized representative.
Any person, corporation or other entity using water in the
Town.
A.
Application for a permit to connect to the water main
and for water service shall be made by the owner in writing, on forms
provided by the Town. Such application shall be made prior to the
time of beginning of such service and shall contain such information
as the Board may require.
B.
No person or corporation shall make any connection
or opening into the public water system without a written permit of
the Board or its duly authorized agent. All connections to water mains
including service line work within public rights-of-way shall be done
by the District, unless the Superintendent directs otherwise.
C.
Whenever the owner desires to extend, increase, decrease,
or discontinue service, such owner shall make application, in writing,
for the same, specifying the purposes for which he desires the change
in status.
A.
Inspection.
(1)
No water main shall be tapped nor any service connection
made, laid, or covered except in the presence of the Superintendent
or his authorized representatives after he has approved all work and
materials and authorized the making of such tap and the connecting
and covering of it.
(2)
No person except the Superintendent or his authorized
representative shall turn the water on or off at any connection to
the water main.
B.
Service connections two inches and smaller (permanent).
(1)
Taps and connections shall be one inch and shall be
carried full size to the curb box, except that larger services will
be permitted where proper application is made in writing to the Board
and where need for such service is proven. Where larger than one-inch
service is required, the owner shall pay to the Town an installation
fee, in addition to those hereinafter established, which will fully
compensate the District for the cost of the larger service desired.
(2)
Service pipe shall be Type K copper tubing (ASTM Designation
888 and latest revision thereof), PVC or polyethylene. All pipe shall
be AWWA and National Sanitation Foundation approved for potable water
systems and have a working pressure of 200 psi. All service pipe shall
be laid in a trench not less than four feet below finish grade.
(3)
Taps and lines.
[Amended 6-9-2011 by L.L. No. 2-2011]
(a)
Except when service lines must be laid beneath streets or roads,
service line will be laid to and including the curb box by the District
as part of the service connection cost.
(b)
Prior to connection, a building permit must be obtained. No service
will be connected to vacant lots by the District.
(c)
Service connections pursuant to subdivision construction (PIP program)
shall be installed to all subdivision lots at the developer's expense.
(d)
Service connections and lines from the main which extend under roads
or streets shall be installed to the curb box by the owner at its
expense under Superintendent inspection by prior arrangement with
the Superintendent.
(4)
The Town from time to time may, by resolution of the
Town Board, amend the service connection tap fees. The current tap
fee schedule shall be kept on file in the Town Clerk's office.
C.
Service connections larger than two inches (permanent).
(1)
Service connections larger than two inches shall be
permitted where proper application is made in writing to the Board
and where need of such service is established. The application shall
include a complete set of drawings prepared by a licensed professional
engineer or architect showing the waterline plan and specific details
pertinent to the construction. The details shall include the meter,
meter pit and meter bypass. All drawings shall be subject to the approval
of the Town and Niagara County Health Department.
(2)
Service taps larger than two inches shall be performed
by the owner. All service taps shall be performed in the presence
of and inspected by the Superintendent or his designated representative.
(3)
Specifications, required materials and methods shall
be approved by the Superintendent. The Superintendent shall prescribe
required materials.
(4)
All pipe sections from the connection at the service
tap to the building connection shall be hydrostatically tested at
a test pressure of 150 pounds per square inch for a duration of two
hours. Allowable leakage shall be in accordance with the New York
State Sanitary Code.
(5)
All piping connected to and forming a part of a potable
water system shall be disinfected in a manner acceptable to the New
York State Department of Health and the Niagara County Health Department.
(6)
Upon completion of the work, the owner shall submit
a certificate of completed works to the Niagara County Health Department.
The certificate shall be prepared by a licensed professional engineer
or architect. A copy of the completed works certificate and Health
Department approval shall be forwarded to the Town prior to the waterline
being placed in service.
(7)
The owner shall purchase and shall bear all the expenditures
for the design, service tap inspection by the Town, pipe, meter pit,
water meter, curb stop, curb box, backflow prevention testing, disinfection
and approval.
[Amended 4-8-2015 by L.L.
No. 4-2015]
D.
Service connection restrictions. No more than one
consumer shall be serviced from a single tap, except as approved by
the Superintendent upon a showing of good cause.
(1)
Permission will not be granted to supply two or more
consumers from a single tap unless a separate shutoff cock is provided
for each such building, and, if located on the premises, a perpetual
right-of-way must be granted to the Town by the owners.
(2)
When premises are occupied by more than one consumer,
a meter must be installed for each consumer, unless the owner contracts
with the Board for the water for the premises.
(3)
No installation shall be permitted which has any cross-connection
whatsoever with a private water supply system.
(4)
If approval is granted for service of multiple consumers
from a single tap, the Superintendent may impose additional conditions
to protect the system and assure recovery of all costs and fees.
E.
Service connections (temporary).
(1)
Temporary service connection shall consist of, but
shall not be limited to, construction sites, agricultural irrigation,
fairs, circuses, military installations, emergency intersystem connections,
and service of water to a premises or property upon which no permanent
structure is or has been erected (such as a trailer, a movable building
or advance service for new construction).
(2)
Except as otherwise directed by the Board, all requirements
for permanent service shall apply to temporary service, including
but not limited to materials, backflow prevention, testing and disinfection.
(3)
In addition, a deposit will be required in advance,
based on meter size, which will be refunded without interest upon
termination of said service and the return of the meter to the District,
provided that said meter is found to be in proper condition for reuse
after inspection and test. The cost of the inspection and testing
and the cost of any repairs found to be necessary will be deducted
from the deposit above-mentioned.
(4)
The installation fee outlined under permanent service
taps shall not be refunded.
(5)
The Town from time to time may, by resolution of the
Board, amend the meter deposit for temporary service. The current
schedule is on file in the Town Clerk's office.
F.
Special services (temporary). Any service not otherwise
specifically covered by these rules and regulations which a consumer
may desire to obtain at his own expense shall be subject to a special
agreement with the District containing such terms and conditions as
the Board may deem necessary.
G.
Fire service connections; lawn sprinkler connections.
(1)
A service connection for private fire protection purposes
may be secured from the Town upon application by the owner of the
property involved. A drawing showing the proposed location of all
valves, pipe, hydrants, sprinkler heads and other appurtenances to
be installed shall be submitted with the application.
(2)
The Water Superintendent will determine the necessity
and advisability of installing any fire service connection in view
of the size of the street main available, the existence of available
fire hydrants and the possible effect on the main pipe system if such
a service line were broken and open during a conflagration. Likewise,
the Water Department will determine the proper size of each fire connection,
which in no case shall be larger than 10 inches in diameter. The cost
of installation of such a service, including an approved type of check
valve with meter on a bypass located in a pit or vault, if required,
shall be borne entirely by the applicant.
(3)
A fire service connection, except as provided in this
section, will be subject to the same rules and regulations as apply
to regular service connections. No connection shall be made at any
time between a fire-protection system and the regular water supply
on the premises or any other supply, regardless of source, unless
specifically approved by the Water Superintendent. A fire service
connection is exclusively for fire protection purposes. The use of
water from this service for any other purpose whatsoever is prohibited.
Any violation of these provisions shall be sufficient cause for discontinuing
such service.
(4)
The owner shall provide documentation prepared by
a licensed engineer or architect establishing that the water system
can adequately handle fire flows. The documentation shall be subject
to review by Town Engineer at the applicant's expense.
(5)
All costs associated with providing fire-protection
supply, including, but not limited to, fees, consultation fees, Niagara
County and Water District charges, shall be paid by the owner.
(6)
Service connections to supply lawn sprinkler pipe
systems will be permitted only where the use of water for that purpose
will not adversely affect regular service to neighboring consumers
at periods of peak demand. The size and arrangement of pumps, if any,
valves, backflow preventers and other appurtenances shall meet the
requirements of the Water Superintendent.
[Amended 6-9-2011 by L.L. No. 2-2011]
A.
Termination
by the District.
(1)
No
person except the Superintendent shall terminate or restrict service
at any connection to or from the Town water system.
(2)
The
Superintendent may immediately terminate service from or in any District
main or to any service connection, at any time, without notice when
necessary for emergency situations or to prevent loss of large amounts
of water or, wherever necessary, to preserve the integrity of the
system; prevent contamination; prevent backflow; or when necessary,
for the safety of residents of the Town.
(3)
Upon
15 days' notice by mail to the consumer, service may be terminated
by the Superintendent for any of the following reasons:
(a)
Failure to provide the Superintendent access to property for inspection
of maintenance, reading, replacement or repair of a water meter, or
any part of the water supply system.
(b)
Failure to repair an unmetered leak in the service within 10 days
of detection and notification to repair (verbal or written) by the
Superintendent.
(c)
Failure to install a meter valve or back flow preventer upon notice
to do so.
(d)
Failure to maintain, calibrate, replace, provide records or perform
any other requirement for a privately owned meter; or
(e)
Failure to repair, maintain, replace any service.
B.
Termination
requested by the owner.
(1)
Long-term
termination requests (one year or longer). An owner requesting discontinuance
of service shall submit a water service termination request form to
the Superintendent. Upon receipt of such form, the water will be shut
off at the curb, after payment of the turn-off fee; provided the Superintendent
will not terminate service when the premises is occupied by a tenant.
Reinstatement of service will require a turn-on fee.
A.
All water for domestic, commercial and industrial
purposes shall be metered. Meters shall be signed for by the owner,
or his duly authorized agent, for whose premises the water is to be
used.
B.
When water is desired and after the service from the main has been installed according to the rules set out in § 193-4, the owner of said premises shall make application to the District and pay the appropriate meter fee, at which time the District shall install the meter (two inches and under). The Town from time to time may, by resolution of the Board, amend the meter fees. A schedule of current fees is on file in the Town Clerk's office.
C.
All meters and meter couplings for connections less
than two inches shall, at all times, remain the sole property of the
District. All meters will be maintained by and at the expense of the
District insofar as ordinary wear and tear are concerned, but the
consumer will be held responsible for damage due to freezing, hot
water, or other external causes. In case of damage, the District will
repair the meter, if necessary replacing it with another meter, and
the cost shall be paid by the consumer.
D.
The Board reserves the right, at all times, to inspect,
test, clean, repair, remove and replace any meter at any time and
to substitute another meter in its place. In the case of a disputed
account involving a question as to the accuracy of the meter, such
meter will be tested by the District upon the request of the consumer
or owner. The fee for testing such meter will be payable in advance
of the testing.
E.
Meters for services over two inches shall be purchased,
maintained and tested by the owner and compatible with the current
Town of Lockport meter reading software. The meters shall be of a
type and manufacturer approved by the Superintendent. Meter testing,
calibration testing and inspection shall be done annually, or at any
other time required by the Superintendent, and a report shall be filed
with the Superintendent. Any inaccurate meter shall be replaced or
repaired at the owner's expense within 30 days. If the owner fails
to maintain, test, inspect, calibrate, repair or replace such meters,
the Superintendent may do so and all costs shall be charged and collected.
[Amended 4-8-2015 by L.L.
No. 4-2015]
F.
Service connections for structures located 150 feet or greater away
from the right-of-way shall be required to install an underground
meter pit/tileset in accordance with the current Town of Lockport
Standard specifications, or as directed and approved by the Superintendent.
[Amended 4-8-2015 by L.L.
No. 4-2015]
G.
The Board shall determine the size, type, and make of any and all
meters employed within or without the District.
[Added 4-8-2015 by L.L.
No. 4-2015]
A.
Fire. In case of fire or an alarm of fire, all water
consumers are requested to cease the use of water for motors, fountains,
sprinkling and power purposes during such fire, in the interest of
keeping up a strong and effective pressure for fire purposes.
B.
Operation of hydrants. No person except the Superintendent,
or persons acting under his direction or permission, shall open any
fire hydrant or draw water therefrom, except that the chiefs of the
volunteer fire companies under contract with the Town and their authorized
firefighters shall be authorized to draw water as necessary to fight
fire and to conduct fire drills. In no case shall inexperienced or
incompetent persons be allowed to manipulate or interfere with any
such hydrants, gate valves, or other fixtures of said District.
C.
Installation. Hydrants will be installed on all water
mains so that each developed property or premises shall in no case
be farther than 600 feet distant from a hydrant. All hydrants must
be installed on public lands, easements and/or rights-of-way permanently
owned by the Town.
D.
Location changes. If the Superintendent deems changes
appropriate, changes in location of existing hydrants will be made,
except where otherwise required by law, at the expense of the owner
or consumer requesting such change in location.
E.
Hydrant service. The Board does not guarantee to provide
hydrant service to consumers outside the District or to temporary
services within the District.
F.
No person
shall obstruct access to a fire hydrant or establish or allow any
condition which would hinder its usefulness for firefighting purposes,
nor shall any person obscure visibility of a hydrant by plantings,
objects or parked vehicles or any other means.
[Added 6-9-2011 by L.L. No. 2-2011]
A.
The following expenses shall be borne by the District:
B.
The following expenses shall be borne by the owner:
(1)
Materials and labor in laying and maintaining the
service pipe from the premises to the curb box.
(2)
Cost of installing the tap, service line from main
to the meter and meter pit, inclusive, and for all maintenance for
services larger than two inches.
(3)
Water rental charges in accordance with established
water use rates.
(4)
Fees for all meters to be acquired in accordance with the rules and regulations set forth in § 193-6.
(5)
The cost of installation and of any repairs to meters, except for mechanical defects or natural wear and tear, as set forth in § 193-6 (for meters two inches or less).
(6)
All costs of acquisition, maintenance, testing and
repair of meters for services two inches or more in diameter.
C.
Unpaid delinquent charges shall be a lien against
the property and shall be collected in accordance with Town Law § 198.
D.
Water rentals.
(1)
All water rentals will be charged to the owner and
statements rendered to the consumer upon request.
(2)
From time to time the Board shall have the right to
establish water rental rates to be billed on a quarterly basis, except
in the case of large consumers where monthly billing may be ordered.
In all cases where bills remain unpaid for a period of 60 days after
becoming due, the water service may be terminated and the unpaid balance
will become a lien against the property. Current quarterly rates are
on file in the Town Clerk's office.
(3)
The Board reserves the right, if need be, to refuse
water to anyone for consumption outside of a District.
The Board reserves the right to accept or reject
any and all applications for main extensions in maintaining the best
interests of the District.
The District undertakes to use reasonable care
and diligence to provide a constant supply of water at a reasonable
pressure to all customers but reserves the right at any time, without
notice, to shut off the water in its mains for the purpose of making
repairs and/or extensions, or for any other purposes. The Town and
the District shall not be liable for a deficiency or failure in the
supply of water, or the pressure thereof, for any cause whatsoever,
nor for any damage caused thereby, or by the bursting or breaking
of any main or service pipe or any attachment to the District system.
All consumers having boilers upon their premises depending upon the
pressure in the District mains to keep them supplied are cautioned
against danger of collapse, and all such damage shall be borne exclusively
by the consumer.
A.
Purpose. The purpose of this section is to:
(1)
Protect the public water supply against actual or
potential cross-connections by isolating within the premises contamination
or pollution that may occur because of some undiscovered or unauthorized
cross-connection on the premises.
(2)
Eliminate existing connections between drinking water
systems and other sources of water that are not approved as safe and
potable for human consumption.
(3)
Eliminate cross-connections between drinking water
systems and other sources of water that are not approved as safe and
potable for human consumption.
(4)
Prevent the making of cross-connections in the future.
B.
AIR GAP
APPROVED
AUXILIARY WATER SUPPLY
BACKFLOW
BACKFLOW PREVENTER
BACKSIPHONAGE
CERTIFIED BACKFLOW PREVENTION DEVICE TESTER
CHECK VALVE
CONTAMINATION
CROSS-CONNECTION
DOUBLE-CHECK VALVE ASSEMBLY
HAZARD, HEALTH
POLLUTION
REDUCED-PRESSURE-PRINCIPLE BACKFLOW PREVENTER
SURGE TANK
WATER, NONPOTABLE
WATER, POTABLE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The unobstructed vertical distance through the free atmosphere
between the lowest opening from any pipe or faucet supplying water
to a tank, plumbing fixture, or other device and the flood-level rim
of the receptacle. The air gap shall be at least double the diameter
of the supply pipe or faucet, measured vertically above the floor-level
rim of the receptacle, but not less than one inch.
Accepted by the New York State Department of Health.
Any water source or system other than the public water supply
that may be available in the building or premises.
The flow of water or other liquids, mixtures, or substances
into the distributing pipes of a potable supply of water from any
source or sources other than its intended source. Backsiphonage is
one type of backflow.
A device or means to prevent backflow.
Backflow resulting from negative pressure in the distributing
pipes of a potable water supply.
A person who is examined annually by the Water District and
found competent in the testing of backflow prevention devices. Said
person shall be provided with an appropriate identification card,
renewable annually. Failure to perform duties competently and conscientiously
will result in expeditious withdrawal of certification. Said person
is one who has taken and successfully completed a backflow prevention
course approved by the New York State Health Department.
A self-closing device which is designed to permit the flow
of fluids in one direction and to close if there is a reversal of
flow.
See "pollution."
Any physical connection between a potable water supply and
any waste pipe, soil pipe, sewer, drain or any unapproved source or
system. Furthermore, it is any potable water supply outlet which is
submerged or can be submerged in wastewater and/or any other source
of contamination. See "backflow" and "backsiphonage."
An assembly of at least two independently acting acceptable
check valves, including tightly closing shutoff valves located at
each end of the assembly with suitable connections for testing the
watertightness of each check valve.
Any conditions, devices, or practices in the water supply
system and its operation which create or, in the judgment of the Lockport
Water District, may create a danger to the health and well-being of
the water consumer. An example of a health hazard is a structural
defect in the water supply system, whether of location, design, or
construction, that regularly or occasionally may prevent satisfactory
purification of the water supply or cause it to be polluted from extraneous
sources.
The presence of any foreign substances (organic, inorganic,
radiological, or biological) in water that tends to degrade its quality
so as to constitute a hazard or impair the usefulness of the water.
An assembly of two independently acting acceptable check
valves, together with an automatically operating pressure differential
relief valve between the two check valves. The assembly shall include
tightly closing shutoff valves located at each end of the assembly
and suitable connections for testing the watertightness of each valve.
The receiving, nonpressure vessel forming part of the air
gap separation between a potable and an auxiliary supply.
Water that is not safe for human consumption or that is of
questionable potability.
Water free from impurities in amounts sufficient to cause
disease or harmful physiological effects. Its bacteriological and
chemical quality shall conform to the requirements of the Niagara
County Health Department and the New York State Department of Health.
C.
Protection of public water system at service connection.
(1)
Where protection is required.
(a)
Each service connection from a public water
system for supplying water to premises having an auxiliary water supply
shall be protected against backflow of water from the premises into
the public water system.
(b)
Each service connection from a public water
system for supplying water to premises on which any substance is handled
under pressure in such fashion as to permit entry into the water system
shall be protected against backflow of the water from the premises
into the public system. This shall include the handling of process
waters and waters originating from the public water supply system
which have been subject to deterioration in sanitary quality.
(c)
Each service connection from a public water
system for supplying water to premises on which a substance of unusually
toxic concentration or danger to health is handled in liquid form,
even though it is not under pressure, shall be protected against backflow
of the water from premises into the public water system. Examples
are plating factories using cyanide and hospitals.
(d)
Backflow prevention devices shall be installed
on the service connection to any premises that have actual or potential
internal cross-connections.
(e)
Backflow prevention devices shall be installed
on the service connection to any premises in which the District is
not allowed to fully and completely review all processes within the
facility.
(f)
It shall be the responsibility of the water user to provide protective devices as required under Subsection C(2).
(g)
Backflow prevention devices shall be installed within "hot box"
enclosures at the right-of-way unless approved by the Superintendent.
[Added 4-8-2015 by L.L.
No. 4-2015]
(2)
Type of protection. The protective device required
shall depend on the degree of hazard as tabulated below:
(a)
At the service connection to any premises on
which there is a substance that would be aesthetically objectionable
(but not necessarily hazardous to health), the public water supply
shall be protected by an approved double-check valve assembly. This
shall include but not be limited to new residential units, mobile
homes and apartment complexes. The double-check valve assembly shall
be installed adjacent to the water meter. Existing residential units,
apartment complexes and mobile homes without backflow prevention shall
install a double-check valve assembly upon installation of a new hot
water tank, renovations to existing water systems or transfer of property.
(b)
At the service connection to any premises on
which there is an auxiliary water supply meeting the New York State
Drinking Water Standards, the public water supply system shall be
protected by an approved double-check valve assembly.
(c)
At the service connection to any premises on
which there is an auxiliary water supply not meeting the New York
State Drinking Water Standards, the public water supply system shall
be protected by an air gap separation or an approved reduced-pressure-principle
backflow preventer device. The air gap shall be located as close as
practicable to the water meter, and all piping between the water meter
and the surge tank shall be entirely visible.
(d)
At the service connection to any premises on
which any material dangerous to health or toxic substance in toxic
concentration is or may be handled under pressure, the public water
supply shall be protected by an air gap separation. The air gap shall
be located as close as practicable to the water meter, and all piping
between the water meter and surge tank shall be entirely visible.
If these conditions cannot reasonably be met, the public water supply
shall be protected with an approved reduced-pressure-principle backflow
preventer device, provided that the alternative is acceptable to both
the District and the local Health Department.
(e)
At the service connection to any premises on
which any material dangerous to health or toxic substance in toxic
concentration is or may be handled, but not under pressure, the public
water supply shall be protected by an air gap separation or an approved
reduced-pressure-principle backflow preventer device. The air gap
shall be located as close as practicable to the water meter, and all
piping between the water meter and the surge tank shall be entirely
visible.
(f)
At the service connection to any sewage treatment
plant or sewage pumping station, the public water supply shall be
protected by an air gap separation. The air gap shall be located as
close as practicable to the water meter, and all piping between the
water meter and the surge tank shall be entirely visible. If these
conditions cannot be reasonably met, the public water supply shall
be protected with an approved reduced-pressure-principle backflow
preventer device, provided that this alternative is acceptable to
both the Board and the local Health Department.
(g)
At the service connection to any premises where
the Board is not allowed to fully and completely review all processes
within the facility, the public water supply system shall be protected
by an air gap separation or an approved reduced-pressure-principle
backflow preventer device. The air gap shall be located as close as
practicable to the water meter, and all piping between the water meter
and the surge tank shall be entirely visible.
(3)
Frequency of inspection of protective devices. It
shall be the duty of the water user on any premises on account of
which backflow protective devices are installed to have competent
inspections made at least once a year or more often in those instances
where successive inspections indicate repeated failure. These devices
shall be repaired, overhauled or replaced at the expense of the water
user whenever they are found to be defective. These tests shall be
performed by a certified backflow prevention device tester, and all
test results and repairs shall be delivered to the Board within 72
hours after the test is made.
D.
Reasonable interpretation required. These regulations
are to be reasonably interpreted. It is their intent to recognize
that there are varying degrees of hazard and to apply the principle
that the degree of protection shall be commensurate with the degree
of hazard.
The District reserves the right, if need be,
in periods of drought or emergency, to restrict the use of water for
sprinkling to particular hours determined by the Board or to prohibit
such use entirely.
The Board reserves the authority to:
A.
Make changes in the rules and regulations as it may
deem to be in the best interest of the District.
B.
Make such changes in the rates for water rental as
may in its judgment seem to be for the best interests of the District.
C.
Order existing service pipes and fixtures to be replaced
with acceptable material as determined by the Superintendent and to
refuse service with all penalties hereinbefore set forth for failure
of an owner to comply with such order.
D.
Enter into contracts with other water districts for
a supply of water either into or out of the District, to or from such
districts, corporations or individuals, under such terms and conditions
as shall properly protect the interests of the District.
By applying for water service, any person shall
enter into a contract with the Town and District and guarantee that
the Town and District shall have free access to enter the premises
of any consumer at any reasonable time for the purpose of inspection,
reading, repair and/or replacement of meters.
The Town Board shall levy assessments against
all assessable properties for the purpose of meeting the expenses
of the Districts in such amount as shall be determined to be in the
best interests of the Districts.
[Amended 6-9-2011 by L.L. No. 2-2011]
The Town Board shall, from time to time, by
resolution, establish and amend water use rates, fees and charges
for the purposes of meeting the expenses of the Districts in such
amounts as shall be determined to be in the best interest of the Districts.
Such rates, fees and charges shall be on file in the Town Clerk's
office.
All remedies and penalties set forth are separately
applicable. The Town may enforce this chapter by any or all of the
remedies set forth in this section.
A.
Emergencies. If, in the judgment of the Board or the
Superintendent, an imminent health hazard or imminent danger to property
exists, it may immediately cause service to the building or premises
to be terminated and not restored until the defects are corrected.
B.
Notification of violations. The Board may notify the
owner or authorized agent of the owner of the building or premises
in which there is found a violation of this chapter of such violation
and shall set a reasonable time for the owner to have the violation
removed or corrected. Upon failure of the owner to have the defect
corrected by the end of the specified time interval, the Board may
cause the water service to the building or premises or property to
be terminated and not be restored until such condition or defects
are corrected.
C.
Fines and imprisonment.
(1)
Any violation of this chapter shall be an offense
and shall be punishable by a fine of not more than $250 and/or by
imprisonment for a period of 15 days, provided that any violation
which is a misdemeanor or felony pursuant to the New York State Penal
Law shall be punishable as set forth therein.
(2)
Every week that a violation continues shall constitute
a separate offense.
