All water rents, penalties and interest thereon
and all charges for tapping, connecting and disconnecting and any
other charges provided by this chapter shall be a lien on the real
property upon which the water is used, and such lien shall be prior
to every other lien or claim except the lien of an existing tax. The
Town Clerk shall annually file by October 1 with the Town Board and
the Supervisor the amount of any such liens which have not been paid
at the time and in the manner prescribed by the Town Board, with a
description of the real property affected thereby, and the Supervisor
and Board of Assessors shall include such amount in the annual tax
levy and transmit such statements to the Board of Legislators, who
shall levy the same upon the real property in default.
The Town Board shall establish water rates for
the various districts annually and may, in its discretion, change
such rates when deemed necessary.
The schedule of charges and rates for water
service shall be as adopted annually or at any other time as determined
by resolution of the Town Board or the Authority, except that if no
action is taken by the Board or the Authority, the most recently adopted
schedules shall continue in effect.
All water supplied shall be charged for on the
basis of the amount registered on the meter or meters installed on
the consumer's premises, with a minimum charge as established by the
Town Board. Where two or more meters supply the same premises and
consumer, the consumer, in addition to the fixed charges for all meters,
shall be billed at the schedule of rates for a quantity of water equal
to the sum of the readings on all meters on the premises.
A charge shall be made for construction purposes
during the erection of any dwelling or business establishment, which
charge shall be fixed by the Town Board or Authority. For all types
of construction, water used shall be metered, and the installation
of a meter shall require the purchase and installation of same at
the contractor's expense. The district will buy back the meter, less
any necessary repairs, at the conclusion of this service. Rates for
water consumption shall be those in effect in the district. No schedule
has been set for this water use during construction.
The Water Department, with the approval of the
Town Board, shall determine the charges and rates in special cases
to cover unusual conditions or types of service not contemplated in
these rules and regulations or in the charges and rates set by the
Town Board for regular service. No consumer will be allowed to supply
water to other persons or premises and no owner or occupant shall
use water from another premise unless specific permission has been
obtained in each case from the Water Department. The Department has
the right to require, during a temporary period of emergency, that
a consumer allow it to connect an adjacent premises to such consumer's
piping, but in such a case allowance will be made for any excess water
registered on his meter.
The Town Board may enter into a contract or
contracts for the sale of water to users not within the water district
if such outside use cannot or will not cause a hardship to the water
users within the district to which such outside users are connected.
Rates for such use shall be specified in each such contract, provided
that such rates shall not be less than the rates established for users
within the adjoining district. In fixing such rates, the Town Board
may consider such applicant as assessed by the water district as a
property owner within said district. Any contract for such service
outside the district shall require the party requesting such service
to comply with the provisions of this chapter.
The Water Department, upon the written request
of a property owner, will mail the water bills to the tenant or lessee
using the water, but the owner shall remain responsible for all charges
provided for in this Article, together with any penalties.
Upon payment of an additional charge of 50% of the base tap charge, two taps may be allowed in one excavation, provided that they shall be for service to one building. If service is desired for two separate buildings, the charge shall be the same as for two separate tappings in accordance with the schedule set forth in §
138-59.
The Town Board may increase or decrease the
tapping charges set forth herein at any regular meeting.