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City of Saratoga Springs, NY
Saratoga County
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Table of Contents
Table of Contents
Code
New Laws (18) Index
[Adopted 4-19-1976 as Ch. 132 of the 1970 Code]
A. 
As used in this article, the following terms shall have the meanings indicated:
AGENT
Any individual, firm, company, association, society, corporation or group which is legally authorized to act in a person's behalf. In all cases where an "agent" shall so represent a person, such authorization must be in writing and must be represented to the Utilities Department prior to execution of any act which requires such presence.
[Amended 4-4-1994 by L.L. No. 1-1994]
CITY
The City of Saratoga Springs, New York.
CITY RESERVOIR
Any body of water, either above or below ground, which serves as a source of water for the City water system.
CITY WATER SYSTEM
All facilities for collecting, storing, testing, treating, transmitting, distributing and metering of the water furnished to the users by means of such facilities which are owned and/or operated by the Utilities Department of the City of Saratoga Springs, New York. Service connections from the point of connection to the water main are not considered to be a part of the "City water system" except for the water meter itself.
CORPORATION STOP
That valve fitting which is attached to the public water main by which the service connection is attached to the public water main. It serves as the Utilities Department control valve for the service connection. The "corporation stop" is the owner's responsibility.
[Amended 4-4-1994 by L.L. No. 1-1994]
CURB STOP
That valve fitting in the service connection line which permits the user to control the water to his building. In no case shall the Utilities Department bear responsibility for the maintenance and/or repair of this valve, nor shall it be responsible for any damage brought about by its operation.
[Amended 4-4-1994 by L.L. No. 1-1994]
HYDRANT OR PLUG
Any valve fitting, except a curb stop, which is attached to the water main and which permits a user to draw water from the system.
LICENSED PLUMBER
Only that person who is himself licensed by the City. No peddling of such license shall be permitted; however, authorized employees of the licensed plumber may perform the work authorized under any permission granted herein.
PERSON
Any individual, firm, company, association, society, corporation or group.
PLUMBING INSPECTOR
The Plumbing Inspector of the City of Saratoga Springs, New York, or his authorized deputy or representative.
PRIVATE WATER SYSTEM
All facilities for supplying water to users which are not part of nor connected to the City water system.
SERVICE CONNECTION
The pipe and appurtenances in that section of the distribution system starting at the corporation stop to the valve on the downstream side of the water meter. This shall be the owner's responsibility.
[Amended 4-4-1994 by L.L. No. 1-1994]
TAP-OFF
Any connection which is made in the service line through which water can be drawn from the line without registering on the water meter. The making of a tap-off and/or the use of water from the tap-off is a violation of this article and is punishable as defined in the City Charter. Furthermore, the existence of a tap-off will be considered, for the intent of this article, to be a service connection and will be subject to all periodic billings applicable to an unmetered account, in addition to that rendered to the owner for his legal service connection.
UTILITIES DEPARTMENT
The Utilities Department of the City of Saratoga Springs, New York.[1]
VALVE
That mechanical fitting which is used to control the flow in the pipe.[2]
WATER BILL
That invoice from the City Utilities Department covering payment for its product and service.
[Amended 3-15-1982; 4-4-1994 by L.L. No. 1-1994]
WATER MAIN OR WATERLINE
Any pipe which is used to transfer and/or distribute water, excluding that portion of the water system which is defined as the "service connection."
WATER METER
That mechanical device used to measure the quantity of water which passes a point. Water meters may be further classified as "individual water meters" where they measure the flow to an individual user or as "master water meters" where they measure flows to more than one user. They may also be classified by the size of the inlet/outlet piping. A water meter shall be termed a "dead reader" or a "dead meter" if it does not register a flow of water passing through it. Meters up to one inch will be furnished by the Utilities Department. Larger diameters are to be furnished by the owner and must read in cubic feet.
[Amended 4-4-1994 by L.L. No. 1-1994]
WATER SERVICE AREA
That area which is outlined and defined on maps on file with the Utilities Department which pertain to the supply, storage, transmission and distribution of water through the City water system.
[Amended 4-4-1994 by L.L. No. 1-1994]
[1]
Editor's Note: Original § 132-5, Water Department, which immediately followed this definition, was repealed 4-4-1994 by L.L. No. 1-1994.
[2]
Editor's Note: Original § 132-25, Sewer and water system, as amended 3-15-1982, which immediately followed this definition, was repealed 4-4-1994 by L.L. No. 1-1994.
[Amended 4-4-1994 by L.L. No. 1-1994; 9-21-1999; 12-16-2014 by L.L. No. 3-2014]
A. 
Application for a new service connection shall be made at the office of the Utilities Department on the form provided. The City Council shall have authority to establish from time to time, by resolution, fees for such applications. The application shall state the name of the owner of the property to which the new service will be connected, and that person or legal entity shall be responsible for the payment of all water rents and related payments, fees, and charges as the City Council may establish from time to time, and shall also state the location of the connection, the time the work will be started and completed and the category of the service. The application must be signed by a licensed plumber who will perform the work involved.
B. 
(Reserved)
C. 
Any person or legal entity making any application under this section shall obtain approval of that application from the Department of Public Works prior to submitting any other application in which a new service connection is required or sought to any City official, board or office, including but not limited to the Zoning and Building Inspector or the Planning Board.
[Amended 4-4-1994 by L.L. No. 1-1994]
Applications will be accepted by the City Utilities Department subject to the existence of a water main of suitable size and condition in a street or right-of-way abutting the premises to be served. The application in no way obligates the City to extend its mains to serve the premises under consideration. No agreement will be entered into by the City with any applicant for water service until all arrears and charges due by the applicant for water rents or services of the Utilities Department at any premises now or heretofore owned by such person shall have been paid in full.
A. 
Upon receipt of a permit from the City, the owner may have the service connection installed by the plumber whose name appears on the application. Should the owner desire to use a different plumber to make such connection for any reason whatsoever, he must reapply for a permit. All other permits as may be necessary for the particular situation must be obtained prior to excavation.
B. 
There will be no additional water service connections made beyond that stated in the application without first obtaining a permit to construct such additional services.
C. 
The entire service lateral from the main in the street to the owner's premises is the property of the owner, and any and all repairs shall be the responsibility of said owner. There shall be a separate service lateral for each principal structure from the main in the street to said principal structure. Common water and sewer services are not permitted.
[Added 2-16-1988]
The City undertakes to use reasonable care and diligence to provide a constant supply of water at reasonable pressure to the users. However, the City reserves the right at any time, without notice, to shut off the water in its mains for the purpose of making repairs, taps and extensions, and the City will not be held liable for deficiency or failure in the supply of water or in the pressure for any cause whatsoever. The City will, however, give notice, where practical, of such shutoffs. The City water system furnishes water and not pressure and does not guarantee a continuous supply. No responsibility will be assumed by the City for any damages to any apparatus in any house or building due to the shutting off or turning on of water with or without notice.
A. 
In the case where a new or existing main is connected to the City water system and such has been constructed by an entity other than the Utilities Department, all applicable standards and regulations must be met prior to acceptance. Acceptance of the line or lines shall be conditional for a period of one year, and all breaks, leaks or other damage which occur in or due to the lines shall be the responsibility of the former owner to repair. When such damage is detected within that period, the Utilities Department shall notify the former owner and request that prompt action be taken to repair such damage, whether it is damage to the line itself or damage caused by a result of the leak. Where the Utilities Department deems that the previous owner has not taken prompt action to repair the damage and it feels that the resulting conditions degrade the public safety, it may elect to do such repair itself or to contract such work through some other source and to charge the previous owner for all of the costs incurred.
[Amended 4-4-1994 by L.L. No. 1-1994]
B. 
Before such extensions will be accepted, the owner shall deposit with the Department of Finance a bond equal to 5% of the normal construction cost of such extension, including service connections, which shall be in effect for the period of conditional acceptance.
C. 
The Commissioner of Public Works reserves the right to waive or amend the standards for acceptance, to reduce or increase the period of conditional acceptance and to waive the bonding requirement.
A. 
All water and sewage dispensed through the City water and sewer system shall be classified under one of the following categories: ordinary usage, special permit or outside of service area. The determination of the category shall be made by the Utilities Department at the time of the issuance of the permit.
[Amended 3-15-1982; 4-4-1994 by L.L. No. 1-1994]
B. 
All bills for water and sewer rates and services, based on the water and sewer rate schedules in effect at that time, will be mailed to the owners of the real property served, and the owners shall be liable for the same. Payment shall be made directly to the Department of Finance. The payment of a bill and penalties for nonpayment shall be as specified in the City Charter, Title IX, § C81, and Title X, § C91. The charges for water and sewer rates shall be set in accordance with the rates established by the City Council and in accordance with the laws of the State of New York and the provisions in the City Charter.
[Amended 3-15-1982]
C. 
In the event that the owner questions the accuracy of his water meter, such will be tested in his presence upon his request.
D. 
All meters are to be safely tied with wire and sealed at the register and case connections. Seals shall not be broken without permission from the Utilities Department.
[Amended 4-4-1994 by L.L. No. 1-1994]
E. 
All accounts shall be metered before supplying any part of the property being served. Where, for any reason, the user is not metered, he will be billed as noted in the rate schedule for water use as estimated by the Utilities Department. In addition, a penalty will be assessed as noted in the rate schedule. For the intent of this article, a dead meter shall be the same as if there were no meter at that location.
[Amended 4-4-1994 by L.L. No. 1-1994]
F. 
Each dwelling house, trailer or building shall have a separate meter, and under no circumstances shall one property be serviced through another of unrelated occupancy.
G. 
Where leaks occur on private property upstream of the point where the quantity of flow is metered, the Utilities Department may estimate the total amount of water which has been expended through the leak beginning from the time the user has been notified of the leak to the time when such leak has been stopped. Such volume of water shall be classified as special use and will be included in the subsequent bill.
[Amended 4-4-1994 by L.L. No. 1-1994]
H. 
It shall be the responsibility of the property owner to provide a place for the City to install the water meter or meters. Such place or places shall be in a location that is easy of access and in accordance with the requirements as prescribed by the Utilities Department. The place provided shall be heated at all times to prevent the meter from freezing. No unauthorized person shall in any way damage, disfigure or interfere with any water meter. The only authorized persons referred to herein are those that are authorized by the Utilities Department. In the event that any meter is damaged because of a freeze-up or because of some interference to the water meter or by an unauthorized person as referred to herein, then the property owner and/or the user shall be responsible for any and all repairs, costs, damages and replacements occurred as a result of the same. Not only shall the owner and/or the user be personally responsible for this cost, but the same may become a lien upon the property serviced by the meter and foreclosed in the manner provided for unpaid water charges.
[Added 3-15-1982; amended 4-4-1994 by L.L. No. 1-1994]
[Amended 4-4-1994 by L.L. No. 1-1994]
A. 
When a building or property, or part thereof, serviced by a City water meter undergoes a change of ownership, a request may be made by the seller or by an representative of a seller for a current reading of the meter. The person making such request to the Utilities Department shall be responsible for providing the meter reader with access to the water meter. Persons requesting meter reading under this subsection shall pay a fee of $50 for each meter reading request. Persons requesting meter readings on multiple metered accounts under this subsection shall pay a fee of $50 for the initial meter reading requested; additional meter readings at each building location will be charged at $20 each. Said fee(s) shall be a charge on the next water bill for the property on which the meter is located.
[Amended 6-21-2005]
B. 
In the case of abandonment of the property, the Utilities Department may continue to serve water to the property and to bill for the same until it is notified, in writing, of such abandonment.
C. 
In the case where the property is to be razed, the property owner or his agent shall notify the Utilities Department so that the service line may be disconnected from the City main and that the meter may be read and removed. Where such notice is not given and damage results, the property owner shall be responsible to pay any and all such damages. It is the responsibility of the property owner to disconnect the abandoned service lateral at the corporation stop.
[Amended 3-15-1982]
A. 
Water and sewer services may be discontinued after reasonable notice is given the owner and user for any of the following reasons:
(1) 
For use of water other than for the purpose represented in the application.
(2) 
For willful waste of water through improper or imperfect pipes.
(3) 
For molesting any service pipe, seal, meter, curb stop or any other appurtenance of the water and sewer systems.
(4) 
For nonpayment of bills for water and sewer rates or for services or penalties rendered by the Utilities Department.
[Amended 4-4-1994 by L.L. No. 1-1994]
(5) 
For cross-connecting the City service pipe with any other source of supply or with any apparatus which may endanger the quality of the City water supply.
(6) 
For refusal of reasonable access to the property for the purpose of inspecting or repairing, replacing or reading of the water meter.
(7) 
For violation by the user of any regulation of the New York State Health Department and of the unified codes of the City.
B. 
Where two or more consumers are now supplied with water and sewer through one service connection under the control of one corporation stop, if any of the parties so supplied shall violate any of the rules of this article, the City reserves the right to shut off the joint service line, except that such action shall not be taken until the innocent consumer who is not in violation of the City rules has been given a reasonable opportunity to attach his pipe to a separately controlled service connection. Such connection is to be made at the owner's expense.
C. 
In cases where, in the opinion of the Utilities Department, the public safety is endangered because water and sewage is leaking through a faulty connection and the leak lies on private property, the Utilities Department shall inform the user and owner and request the owner to repair or replace the faulty connection and thereupon shall shut off the water to this user.
[Amended 4-4-1994 by L.L. No. 1-1994]
A. 
The Utilities Department reserves the right to restrict or to stop any and all uses of water outside of the building to which the service is connected. Such uses include the sprinkling of lawns; the washing of automobiles, houses or walks; or any other use deemed by the Utilities Department to be within the intent of the section.
[Amended 4-4-1994 by L.L. No. 1-1994]
B. 
The City shall give notice of such restricted water use in the official newspaper of the City at least one day prior to the enforcement of this restriction.
[Amended 4-4-1994 by L.L. No. 1-1994]
Any equipment, such as refrigeration or air-conditioning, operated by the user, which equipment discharges into a sewer system, shall have a free-air-gap section at the entry into the sewage system. All such equipment, including but not limited to fire sprinkler systems, shall have backflow preventers installed.
In the event of an emergency, water vehicles and personnel shall have the right-of-way in the work area and, if necessary, shall have the right to close sections of streets or highways where the work involved may be hazardous to people or vehicles.
[Amended 4-4-1994 by L.L. No. 1-1994]
A. 
No person shall excavate within a public right-of-way with the purpose to connect a water service to the City water system without first receiving written permission from the City Utilities Department to make such a connection and from the owners of any such private property or utility which may lie within 10 feet in any direction of the excavation.
B. 
Prior to excavating on a City right-of-way on his property, the person who is making the connection will:
(1) 
Arrange a mutually agreeable date with the City Utilities Department for the digging.
(2) 
Obtain knowledge from the City Utilities Department and from owners of any public or private utility as to the proper location for the digging.
(3) 
Place the sum of $100 with the Department of Finance to be held in escrow for a sixty-day period to be used to reimburse the City for any expenses it might accrue which are due to the effect of the excavation. The Department of Public Works reserves the right to waive or amend this requirement.
C. 
All repairs to the existing public or private property shall be made promptly and are subject to the approval by the Utilities Department or by the owner of the private property, or both, for a period of one year from the date of the excavation.
[Amended 4-4-1994 by L.L. No. 1-1994]
No excavation on a City right-of-way and/or on City property shall be made without first obtaining all necessary permits. Furthermore, proper consideration of surrounding conditions and due regard for safety of the public shall be maintained at all times. Where practical, excavations shall be backfilled at the end of each working day; however, at the discretion of the Utilities Department and where the magnitude of the work prevents such backfilling, excavations shall be guarded and lighted in a manner detailed by the Utilities Department. While open, all excavations shall be clearly marked and guarded so as to permit the maintenance and regulation of traffic as determined by the Utilities Department.
[Amended 3-5-1984; 4-4-1994 by L.L. No. 1-1994]
A. 
No person other than employees of the Department shall make any connection, repair, addition or alteration to any City water main.
B. 
Connection from the corporation stop to the user's premises will be made only after all permits to do so have been obtained from the Utilities Department by a plumber who is licensed by the City to do such work. All waterlines beyond the corporation stop will be furnished by the user and shall not be less than three-fourths-inch Type K copper. Meters up to and including one inch in size will be furnished. All meters larger than one inch are to be furnished by the user. Further, all such meters larger than one inch are to be maintained by the user thereof. As part of such maintenance, said meters shall be tested by the user. Such tests shall occur whenever directed by the Public Works Department of the City of Saratoga Springs; but in any event, every such meter shall be tested a minimum of once every five years. All tests shall comply with American Waterworks Association Water Meter Test Specifications or such other appropriate test specifications as may be approved by the Department of Public Works.
C. 
All new water services shall be metered at the nearest point of entry into the building, and such metering shall be equipped with appropriate valves on the inlet and outlet side. The meter is to be installed in horizontal piping by the personnel of the City Utilities Department.
D. 
Service pipe shall have a minimum cover of five feet or be insulated if such cover is not possible. Where the service line must cross an existing sewer, it must pass at least 18 inches above the sewer, and the sewer must be encased in concrete with at least six inches of cover on all sides for a distance of three feet on either side of the service line. The Utilities Department reserves the right to effect more stringent sanitary precautions where it deems necessary or where the connection is made to a place of public use.
A. 
All turning on and shutting off of water is the responsibility of the City, and no person is to tamper with or touch the corporation stop in any manner.
B. 
No turn-ons will be made unless the property owner or his agent is on the premises at the time the service is rendered. In the event that damages result to the premises because of the water being turned on, the City will not be held responsible, and all repairs shall be made at the expense of the property owner.
No electrical grounds will be attached to pipes which are located beyond the outlet valve of the water meter or at any location such that the ground will be broken when the meter is removed.
[Amended 4-4-1994 by L.L. No. 1-1994]
A. 
No person other than employees of the Utilities Department shall molest or interfere with or open or close, or attempt to do so, any valve or shutoff appurtenant to the mains through which City water flows, except for private hydrants. Private hydrants are to be operated only for the use intended under special permit or as agreed by special contract with the City Utilities Department. In all except emergency cases, the Utilities Department shall be informed prior to each time the hydrant is to be used, and a log shall be kept of the duration of time during which water is flowing from the hydrant.
B. 
Except as stipulated above, no person other than employees of the Utility Department, the Fire Chiefs or members of the Fire Department shall manipulate, control or operate, or attempt to do so, any hydrant or plug deriving its supply of water from the City water system. In any event, only those trained in the operation of such fire hydrants or plugs will be permitted to manipulate the same.
A. 
No person other than employees of the Utilities Department shall make any connections, repairs, additions or alterations to the City water system except as defined in §§ 231-64 through 231-67.
[Amended 4-4-1994 by L.L. No. 1-1994]
B. 
The owners of all premises having connection with any water main through which City water flows must keep all the pipes and fixtures in connection therewith in good repair and protected against freezing.
The Public Health Law, § 100, with reference to the City of Saratoga, New York, Section 141.3 or Part 141, Subchapter A, Chapter III, Title 10 of the Official Compilation of Codes, Rules and Regulations of the State of New York, is hereby incorporated into this article.
[Amended 4-4-1994 by L.L. No. 1-1994]
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the City water system. Any person violating this provision shall be subject to the penalties set forth in the Penal Law.
[Amended 4-4-1994 by L.L. No. 1-1994]
Duly authorized employees of the City Utilities Department, bearing proper credentials and identification, shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this article.
[Added 3-15-1982]
All property owners, upon whose property any building has been or may hereafter be erected, having a connection with any mains or pipes which may be hereafter constructed and used in connection with the City water system, shall pay rates for each period of time as the Council shall enact by resolution.
[Added 3-15-1982; amended 4-5-1982]
Bills for water used shall be dated and sent out at such times as may be directed by the Commissioner of Public Works.
[Added 3-15-1982; amended 4-4-1994 by L.L. No. 1-1994]
During the construction of any building and before any water is installed as is herein provided, the contractor so constructing such building may be permitted to use the City water supply by making application therefor and paying the flat fee prescribed by the Commissioner of Public Works.
[Added 3-15-1982]
The water supply may be shut off from any premises for which the water bill remains unpaid for a period of 10 days after the bill is rendered and mailed. When shut off, water shall not be turned on except upon the payment of the usual fee for turning on water.
[Added 3-15-1982]
Charges for water shall be a lien upon the premises as provided for in § C81 of the City Charter and also as provided by the statutes and laws of the State of New York. The Commissioner of Finance shall prepare a statement of all unpaid water and other related charges 30 days after the same have become due and payable. Failure, however, to prepare this statement as provided for herein shall not affect the right of the City to establish its lien for unpaid water bills and to foreclose the lien as provided in the City Charter and the statutes and laws of the State of New York. Furthermore, nothing herein shall prevent the City from proceeding against the user and/or owner of the property which benefited from the water use as a personal claim, and the City Attorney is hereby authorized and directed to institute any proceeding in the name of the City in any court of competent jurisdiction against any property and against any user of City water that said City Attorney deems necessary. The rates and charges herein established, in addition to being a lien upon the premises as provided for herein and in the City Charter, may be collected from the owners, occupants and users of the premises benefiting from the water charges and other related charges from and after the effective date of this article.[1]
[1]
Editor's Note: Original §§ 132-92 through 132-94, dealing with sewer rates, which immediately followed this section, were repealed 4-4-1994 by L.L. No. 1-1994. See now §§ 231-2 through 231-4.
[Amended 3-15-1982; 4-4-1994 by L.L. No. 1-1994]
A. 
Any person violating any provision of this article shall, upon conviction thereof, be subject to the penalties set forth in Chapter 1, General Provisions, Article III, of this Code.
B. 
At locations where there are continued or repeated violations of this article, a duly authorized agent of the Utilities Department will have the authority to discontinue the supply to the violator of water from City mains in accordance with the rules and regulations of the Utilities Department.
[Amended 3-15-1982]
Any person violating any of the provisions of this article shall become liable to the City for the expense, loss or damage occasioned the City by reason of such violation.