[HISTORY: Adopted by the Board of Trustees of the Village of Penn Yan 9-6-1993 by L.L. No. 4-1993. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - RPZ Above Grade InstallationAttachment 2 - RPZ Pit InstallationAttachment 3 - RPZ Installation Within a FacilityAttachment 4 - Air Gap
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The regulations contained in this chapter are established by the Village of Penn Yan to control and manage the provision of water service to water customers within the Village's geographic boundaries and any customer outside the Village's geographic boundaries. Every water customer shall be subject to the regulations contained in this chapter as a result of requesting and accepting Village water service.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
For the purposes of this chapter, the following terms shall have the associated meanings:
CUSTOMER
The owner or tenant of a property requesting and receiving water service.
DEPARTMENT OF PUBLIC WORKS
The Department of Public Works of the Village of Penn Yan.
MUNICIPAL CUSTOMERS
A town or village which contracts with the Village to obtain water service for a water district outside the geographic boundaries of the Village of Penn Yan.
VILLAGE
The Village of Penn Yan.
WATER LATERAL
The pipe or conduit through which water is supplied from the Village water main to the property receiving water service.
WATER MAIN
The pipe or conduit by which the Village distributes water to the various water laterals and municipal customers.
WATER RENT
Cost charged by the Village for water service to non-municipal water customers.
Application for a water service pipe from the street main to the curb must be in writing. The application for the service must be submitted 48 hours prior to commencing work. A street opening permit must be issued from the Village office. All excavations and backfills necessary for the installation of said service pipe and tapping of the main is to be made by the consumer, who assumes all liability in case of damage of any kind which may arise during the progress of the work authorized by the permit or by reason thereof. Red signal lights, barricades, railings and all other necessary means of protection against accidents shall be provided by the applicant.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A separate tap is to be required for each lot supplied with water. This tap is to be made by an employee of the Department of Public Works, with the cost to be borne by the consumer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The entire cost of materials and installation shall be borne by the consumer. The installation of said service from the street main to the curb shall be made by the Department of Public Works at the expense of the consumer. The installation of the service from the curb stop to the property must be done by the consumer.
[Amended 1-21-2014 by L.L. No. 5-2014; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
All service pipes used to service residential homes and small commercial businesses (three-quarter-inch-through-two-inch inside diameter) from the water main to the curb stop shall be Type K copper. From the curb stop to the building shall be either Type K copper or 200 psi polyethylene (PE) CTS pipe. Tracer wire is required from the curb stop to the building for all PE service installations. Any service pipe shall be one continuous length, if 100 feet or less. In the event that the length of the pipe is over 100 feet, there shall be the minimum number of connections possible. Fittings on copper service shall be flare or compression type. Fittings on PE service shall be "Quick" compression type with stainless steel inserts. The service pipe used for large commercial businesses and industry, two-inch inside diameter or larger in diameter shall be ductile iron pipe from the water main to the curb valve or to the inside of the street planting strip. The service pipe from the curb valve or street planting strip to the building shall be ductile iron. All joints for ductile iron pipe shall be Tyton-type fittings. Reference the Infrastructure Design Criteria and Construction Specifications.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Service pipes will be required to be laid not less than 54 inches below the surface of the earth. This applies to the established grade where it has been fixed. A water service cannot be laid in the same trench with a sewer lateral and shall have a minimum of four feet horizontal clearance from any sewer lateral. No trench will be backfilled in any manner before inspection for leaks and clearances are made by a representative of the Department of Public Works.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The trench opening by the owner or contractor for tapping of a water main or for the installation of the water lateral shall be of sufficient size and have the proper safety precaution to accommodate the work to be accomplished. The owner or contractor will make alterations to the opening as instructed by the Department of Public Works representative. The backfilling of the trench will be made by the owner or the contractor. The material used will be sand in the immediate area around the pipe to a depth of one foot. The remainder of the trench will be bank-run gravel, tamped every six inches until the trench is backfilled to original grade.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The owner of the property into which water is supplied by a water lateral will be required to maintain in perfect order, at his own expense, said service pipe from the curb stop to his building. Failure to make necessary repairs after due notice, in writing, by the Department of Public Works will result in the water being turned off until such time that satisfactory repairs are made. Maintenance of the service pipe from the main to the curb stop will be performed by the Department of Public Works.
[1]
Editor's Note: Former § 198-9, Backflow preventors, was superseded 3-18-1997 by L.L. No. 1-1997. For current provisions, see § 198-10, Cross-connections and backflow prevention.
[Amended 3-18-1997 by L.L. No. 1-1997; [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Backflow prevention device. All new water service applications for commercial or industrial facilities are required to install an approved reduced-pressure zone backflow prevention device. All other applications for new service may require adequate backflow prevention devices if the Director of Public Works of the Village of Penn Yan deems that a potential hazard exists. The Director of Public Works of the Village of Penn Yan may, at any reasonable time, inspect any building in order to determine if a hazard exists due to an actual or potential cross-connection between the water system and any potential source of contamination. Such backflow prevention device shall be designed and installed in accordance with the regulations of the New York State Department of Health and must be approved by the Director of Public Works of the Village of Penn Yan prior to installation. All costs of installation and maintenance shall be borne by the property owner. All new water services shall have a double check valve installed on the customer side of each water meter. The double check valve shall conform to standards and/or specifications promulgated by the American Water Works Association (AWWA). The property owner shall be responsible for the cost of installation, maintenance and replacement of the double check valves.
B. 
Cross-connection hazard. The following types of facilities are deemed to be especially likely to have cross-connection hazards.
(1) 
Automobile plants.
(2) 
Auxiliary water systems such as wells.
(3) 
Beverage-bottling plants.
(4) 
Breweries.
(5) 
Canneries.
(6) 
Chemical plants and plating facilities.
(7) 
Film laboratories.
(8) 
Hospitals, medical buildings, sanitariums, morgues and mortuaries.
(9) 
Irrigation systems.
(10) 
Laundries and dye works.
(11) 
Meat-packing plants.
(12) 
Metal manufacturing, cleaning and fabricating plants.
(13) 
Radioactive materials production or research plants.
(14) 
Restricted, classified or other facilities closed to inspection.
(15) 
Sewage and storm drain facilities.
(16) 
Any other facility known to be hazardous to the Director of Public Works of the Village of Penn Yan.
C. 
Backflow device specifications.
(1) 
The design of the backflow device installation must be done by a professional engineer, licensed by the State of New York, in accordance with the requirement of the New York State Education Law.
(2) 
Only backflow devices approved by the New York State Health Department are acceptable for installation.
(3) 
The backflow device installation system must be designed to meet the requirements of the Director of Public Works of the Village of Penn Yan and the requirements of the New York State Health Department. If any of the requirements of these two are in conflict with each other, the most stringent requirement shall govern.
(4) 
Pit installations are acceptable. However, in the case of reduced-pressure zone devices, a pit installation is usually not feasible since a gravity drain must be provided. This gravity drain cannot be connected directly to a sewer. The backflow device cannot be subject to flooding,
(5) 
If the water meter has a bypass line around it, the backflow device must be installed beyond the point that the meter bypass line is tied back into the service line.
(6) 
Gate valves are to be installed on either side of the backflow device.
(7) 
Two sets of preliminary plans, including an engineer's report and specifications, of the backflow device installation are to be sent to the Director of Public Works of the Village of Penn Yan for review prior to installation. Upon approval of the preliminary plans, five copies of the plans along with five copies of Form Gen 236, New York State Department of Health Application for Approval of Backflow Protection Device(s), shall be submitted to the Director of Public Works of the Village of Penn Yan for final approval.
(8) 
The property owner shall arrange for all backflow prevention devices to be inspected and tested on an annual basis. A copy of the inspection and test report shall be forwarded to the Director of Public Works of the Village of Penn Yan within 30 days of completion of the inspection. The property owner shall maintain a copy of the inspection and test report for a minimum of five years from the date of inspection.
D. 
Fire protection systems. The engineer's report for the backflow protection system design must include a classification of the property's fire protection system using the information given below (from AWWA Manual No. M. 14). If the system is deemed to be hazardous, then a backflow prevention system must also be installed for the fire protection system.
(1) 
Class 1: Direct connections from public water mains only; no pumps, tanks or reservoirs; no physical connection from other water supplies; no antifreeze or other additives of any kind; all sprinkler drains discharging to atmosphere, dry wells or other safe outlets.
(2) 
Class 2: Same as Class 1, except that booster pumps may be installed in the connections from the street mains. (Booster pumps do not affect the potability of the system; however; it is necessary to avoid drafting so much water that pressure in the water main is reduced below 10 pounds per square inch.)
(3) 
Class 3: Direct connections from public water supply main, plus one or more of the following: elevated storage tanks; fire pumps taking suction from aboveground covered reservoirs or tanks; and pressure tanks. (All storage facilities are filled or connected to public water only, the water in the tanks maintained in a potable condition. Otherwise, Class 3 systems are the same as Class 1.)
(4) 
Class 4: Directly supplied from public mains similar to Classes 1 and 2, and with an auxiliary water supply on or available to the premises, or an auxiliary supply may be located within 1,700 feet of the pumper connection.
(5) 
Class 5: Directly supplied from public mains and interconnected with auxiliary supplies, such as pumps taking suction from reservoirs exposed to contamination, or rivers and ponds; driven wells, mills or other industrial water systems; or where antifreeze or other additives are used.
(6) 
Class 6: Combined industrial and fire protection systems supplied from public water mains only, with or without gravity storage or pump suction tanks.
E. 
Water shutoff. If the required backflow protection device is not installed within the period of time set by the Director of Public Works of the Village of Penn Yan, the supply of water to the premises may be shut off by the Director of Public Works of the Village of Penn Yan until the installation is completed.
F. 
Typical installation details and acceptable devices. The following are quoted from the New York State Department of Health Cross-Connection Control Guide, dated January, 1981. If a newer edition of the guide is available, then the information in the newer guide shall apply.
ACCEPTABLE DEVICES
A.
Determination of acceptability.
Only two devices are applicable to the containment concept of cross-connection control. These are the RPZ and the air gap.
Which RPZ is acceptable? Acceptance of a device is based on one of the following two evaluation procedures:
1.
A device will be placed on the New York State Department of Health list of Acceptable Devices when it has successfully passed both the Laboratory and the Field Evaluation phases of the Foundation for Cross-Connection Control & Hydraulic Research approval program and the manufacturer has been granted a certificate of approval.
2.
A device which has been evaluated against each of the following three standards by an independent testing laboratory and shown to comply will be placed on the New York State Department of Health list of acceptable devices:
a.
Foundation for Cross-Connection Control and Hydraulic Research, Manual of Cross-Connection Control, Section 10 - Specifications of Backflow Prevention Devices.
b.
American Society of Sanitary Engineering Standard No. 1013 (RPZ).
c.
American Water Works Association Standard C506.
The Bureau of Public Water Supply Protection will review the evaluation report of the backflow protection devices under test and shall determine what sizes, if any, are possible.
Based on the above, a list of acceptable devices is published from time to time. As new units are found acceptable, the list will be revised and will be available as a separate guideline available from the Local Health Department Engineer.
B.
Unacceptable devices.
The following devices are not acceptable for the containment approach:
Check valves (single or double).
Gate valve.
Four-way plug valve.
Barometric loop.
Spool connection.
Swing joint connection.
Vacuum breakers.
TYPICAL INSTALLATION DETAILS
A.
Principles.
The following material shows design concepts pertinent to the installation of backflow prevention devices. The design of specific installations should be in accordance with the requirements of the State Education Law.
In general, backflow prevention devices must be protected against freezing and must be accessible for testing and maintenance.
Pit installations are acceptable. However, in the case of RPZ, a pit installation is usually not feasible since a gravity drain must be provided which cannot be connected directly to a sewer.
The accompanying figures show the use of floor drains for RPZ installations. An acceptable alternate is the use of a funnel raised to just below the discharge port of the device ensuring, of course, that an air gap is maintained. No direct connection to the device for the purpose of drainage is permitted which negates the inherent protection afforded by an air gap at the relief valve discharge port. It is good practice to have the discharge end of the gravity drain visible so that it can be checked as a matter of daily routine by a facilities maintenance staff.
It must be kept in mind that a large RPZ with a fouled check valve can discharge at a rate of several hundred gallons per minute when subjected to high differential pressures. The gravity drain should be designed for the greatest discharge possible.
Although it is preferred that backflow prevention devices be installed as close to the property line as possible, it is recognized that in certain instances, as when in an urban area, that this is not possible. In those instances where it is necessary to install a device within a facility, the same considerations should be given to potential for freezing, access for maintenance and testing and in the case of RPZ, drainage.
All devices must be installed so that they are not subject to flooding.
In certain instances, backflow prevention devices installed in parallel on a service line may be needed to meet the needs of the facility. Such instances are:
1.
Where the water service line to be protected is greater that 10 inches, branching the line and installing parallel devices may be utilized.
2.
Where the facility requires continuous water service, a parallel installation will allow for removing one device at a time from service for testing and maintenance.
3.
Where the dual service for fire flow requirements are necessary.
In no case may the installation of a backflow prevention device include unprotected bypass piping. Closed gate valves on the bypass do not constitute protection.
B.
RPZ.
These devices must also be protected against freezing and the test cocks should be positioned to facilitate testing.
Normal maintenance considerations must also be satisfied. Experience to date shows that an above grade installation is usually required in order to satisfy adequate drainage and access.
Note: Keep snow cleared away from drain. See diagrams RPZ Above Grade Installation and RPZ Installed within a Facility following.[1]
C.
Air gap.
This method of cross-connection prevention is profusely illustrated in plumbing control publications. The same basic requirement is also appropriate for containment control; namely, that the opening of the inlet pipe be at least two diameters (of the inlet pipe) above the flood or overflow level of the tank or vessel. In no case shall the gap be less than one inch. See diagram Air gap following.[2]
[1]
Editor's Note: These diagrams are included as an attachment to this chapter.
[2]
Editor's Note: These diagrams are included as an attachment to this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No curb stop will be operated by anyone except a representative of the Department of Public Works.
[Added 4-11-2006 by L.L. No. 2-2006]
No premises, lot, building or structure shall be provided with Village water service unless the entirety of the lot upon which the building or structure is situated is located within the geographic territory of the Village of Penn Yan. Water service may be provided outside the Village in the following situations:
A. 
Service to a municipal water district by virtue of an intermunicipal agreement pursuant to the provisions of the General Municipal Law of the State of New York.
B. 
Service provided pursuant to an agreement to seek annexation or formation of a municipal water district, provided that such agreement contain a condition that such water service may be terminated in the event such annexation or formation of the municipal water district has not been completed within one year of the date of such agreement.
[Amended 8-18-2009 by L.L. No. 5-2009; 6-18-2024 by L.L. No. 6-2024; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Water meters monitoring water service lines no larger than 3/4 inch inside diameter shall be furnished by the Village of Penn Yan to the owner of the property where the meter is to be installed. Penn Yan Municipal Utilities shall install such meter at no cost to the property owner. This shall apply to new service lines as well as replacement of water meters for other than situations involving tampering, neglect and/or vandalism.
B. 
Water meters monitoring water service lines greater than ¾ inch inside diameter shall be furnished by the Village of Penn Yan at a cost to the owner of the property where the meter is to be installed. The cost of the approved meter shall be invoiced to the property owner. Water service will be activated after payment is received. In the event that authorized Village personnel do not install the water meter, the installation shall be inspected by such personnel before the water service is activated.
C. 
All water meters shall be tested, maintained and replaced by authorized Municipal Utilities personnel.
D. 
In the event that evidence of tampering, neglect and/or vandalism of a water meter of any size is present, the owner of the property wherein the meter is installed shall be responsible for the cost to remove the old water meter, the cost of a replacement water meter the installation thereof and testing the new water meter or the cost to repair the existing water meter, if feasible.
E. 
All water service, except that used exclusively for fire-control purposes, shall be metered.
F. 
All water meters in or on premises which contain multiple water meters and all residential homes which also include a commercial use (as determined by the Director of Public Works or his/her designee) in or on that premises shall have a double check valve installed on the customer side of each water meter. The double check valve shall conform to standards and/or specifications promulgated by the American Water Works Association (AWWA). The property owner shall be responsible for the cost of installation, maintenance and replacement of the double check valves.
[Added 10-15-2024 by L.L. No. 8-2024; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Water-only meters, being a second water meter installed on a property to meter water which will not enter the Village wastewater sewer system, are not permitted on residential property that does not contain a business which consumes water.
B. 
Installation of a water-only meter requires approval by the Board of Trustees based upon the advice and consent of the Village's Department of Public Works and the Director of the Department of Public Works.
C. 
For swimming pool use or other non-commercial use of municipal water that does not enter the Village's wastewater sewer system, the Village, through the Village's Municipal Utilities Office, shall make available temporary water-only meters to be loaned to Village property owners who are municipal water customers. Such temporary water-only meters may be loaned for a seven-day period upon registration of the resident with the Village's Municipal Utilities Office. Failure to return a water-only meter at the end of the seven-day loan period may result in denial of future privileges for borrowing a water-only meter. Loss, damage, destruction or failure to return a water-only meter to the Village subsequent to having borrowed such a water-only meter from the Village may result in a charge being imposed for replacement of that meter. That charge shall be added to the water bill for the subject property. The Board of Trustees may adopt a policy or policies which duplicate or supplement the crediting to sewer customers' bills the cost for utilizing municipal water which does not enter the Village wastewater sewer system.
D. 
Residential properties without an on-site commercial use which presently contain a water-only meter shall not be permitted to have a replacement water-only meter upon malfunction of the existing water-only meter.
E. 
Properties with a water-only meter are required to have a backflow prevention device installed pursuant to the provisions of the chapter.
[1]
Editor's Note: Former § 198-13, Testing and repair of meters was repealed 8-18-2009 by L.L. No. 5-2009.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
All water meters must be placed in an accessible part of the building or basement so that they may be read or removed. When placed in a pit, specifications for such a pit must be obtained at the Department of Public Works office. Just inside of the basement or pit wall into which the service pipe extends, a shutoff valve must be placed ahead of the meter. On all water meters two inches and larger, a bypass must be installed under Board specifications. All new, repaired or replaced services will be required to have a Department of Health approved backflow prevention device after the water meters. All water meters must be in a heated environment to eliminate freezing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
"Meter tampering" refers to any unauthorized attempt or action to alter, bypass, damage, manipulate, or interfere with the meter. No person shall tamper with, alter, or interfere with any meter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any employee of the Department of Public Works, upon proper identification, shall have the right to enter any premises where municipal water is being supplied for the purpose of inspecting, installing, removing or reading a meter, plumbing and fixtures of the water service and all work in connection with the service.
[Amended 5-2-1994 by L.L. No. 2-1994; 8-15-1994 by L.L. No. 5-1994; 8-20-1996 by L.L. No. 6-1996; 7-15-1997 by L.L. No. 3-1997; 4-12-2005 by L.L. No. 2-2005; 10-11-2005 by Res. No. 23-2005; 5-9-2006 by Res. No. 22-2006; 3-15-2011 by L.L. No. 4-2011[1]; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
In order to ensure the continued functioning of the Water Department and the water treatment plant of the Village and to ensure their proper operation, repair and maintenance, the Village establishes herein a formula for fixing rates for the use of potable water provided by the Village of Penn Yan.
B. 
With the exception of consumers of Village water pursuant to a contract between the Village of Penn Yan and any other town, village or special district, the following provisions shall be applicable for computation of rates for water consumption by customers of the Village water system.
C. 
In addition to any and all other fees and charges provided by law, regulation or resolution every person who shall be supplied or whose property shall be supplied with water by the Village of Penn Yan shall be billed monthly at rates pursuant to the following formula: monthly TUC = [(FUC x EDU) + (VUC x number of gallons consumed divided by 1,000)] divided by 12.
(1) 
The components of the formula are:
(a) 
Total user cost (TUC) is the monthly amount of the customer's water bill.
(b) 
Fixed user cost (FUC), computed as the annual costs of all indebtedness related to the operation of the Penn Yan Municipal water system, divided by the total number of EDUs.
(c) 
Equivalent dwelling units (EDU) is a factor representing the customer's premises as set out in the EDU documents filed with the Village Clerk/Treasurer and adopted or amended by resolution after public hearing and upon five days' notice posted and published.
(d) 
Variable user cost (VUC), computed as the total of the annual operating and maintenance costs related to the operation of the Penn Yan Municipal water system, divided by the anticipated annual water production and expressed as a cost per 1,000 gallons.
D. 
Customers outside the Village limits will be billed monthly at 1 1/2 times the costs at which a similarly categorized water customer within the Village would be billed.
[1]
Editor’s Note: This local law provided that it would be effective for sewer rent consumption readings taken after May 25, 2011.
In the event of an emergency, including but not limited to breaks in a water main, the Village shall not be liable for any damage which may result to any person or premises from the shutting off of the water from any main or service for any purpose whatever, even in cases where notification is not given.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Where on-premises fire prevention services are permitted, the entire cost of materials, installation and maintenance of the service from the main to the premises and within the limits of the premises shall be borne by the consumer. The consumer will pay a connection charge as listed. Failure to make proper repairs of the system, after due notice, will result in the water being turned off. When the consumer or a representative of the consumer desires to make flow tests or to make repairs to the fire service system, except in emergencies, the consumer or the representative must provide the Department of Public Works with a minimum of 48 hours' advance notice before commencing such testing or repairs. Fees for connection shall be established by resolution by the Village Board of Trustees.
When a building is torn down and the water service is no longer required to the property or properties, the owner of said property is required to excavate at the water main, at the owner's expense, so that the abandoned water line can be disconnected from the water main. The municipal employees shall do the actual disconnection. The owner is responsible for refilling the excavation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
If a meter fails to accurately record the amount of water used, the consumer will be charged at the average daily consumption from the date service was last accurately recorded, at the consumption rate during corresponding period. The same practice shall be followed in the event that the meter cannot be read.
[Added 4-12-2005 by L.L. No. 2-2005; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Water rent is due within 15 days of the date of the invoice for such water rent. Water rent not paid within such fifteen-day period becomes past due without further notice and subject to a late payment penalty of 1.5% per month, computed from the past-due date. Such late charge shall apply to all water rent billings.
[Amended 8-18-2015 by L.L. No. 8-2015]
A. 
The owner of any premises, which premises is or may be, supplied with water through the Village municipal water supply system by a water main or pipeline contiguous to those premises, shall be liable for charges related to such water service, computed as provided in this chapter.
B. 
With respect to rental premises for which the owner of the premises consents to the tenant having the water rent account in the tenant's name, the account may be entered in the name of tenant and such account shall be managed pursuant to § 198-22 hereof.
C. 
Only rental units with separately metered water service may have water rent billed to a tenant.
[Amended 8-18-2015 by L.L. No. 8-2015; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Water rent is due within 15 days of the date of the invoice for such water rent. Water rent not paid within such fifteen-day period becomes past due, without further notice and subject to a late payment penalty of 1.5% per month computed from the past due date. Any water rent which becomes 20 days past due, i.e., not paid within 35 days of the date of the invoice, causes the water rent account to be subject to a service shutoff warning notice. Water service shutoff due to nonpayment of water rent may occur at any time subsequent to 50 days after the date of the water rent invoice, without further notice.
B. 
The Village Clerk/Treasurer or his/her designee is authorized to enter into "payment agreements" with water service customers, including tenants, with respect to unpaid water rent bills, upon such terms as are determined in the sole discretion of the Village Clerk/Treasurer or his/her designee.
C. 
In the event that water service is discontinued by shutoff due to unpaid water rent, a reconnect fee may be imposed, the amount of which shall be determined by resolution duly adopted by the Board of Trustees.
D. 
An applicant for water service may be denied such service in the event that said applicant has any past due or previously written off water or sewer rents or electric charges for any other premises having previously received or currently receiving utility service from Penn Yan Municipal.
E. 
Upon billing for water rent, such water rent levied pursuant to this chapter shall become a lien upon the real property which benefited from such water service. Any such lien shall be prior to and superior to any other lien upon the property with the exception of real property taxes.
F. 
In April of each year the Board of Trustees shall certify, by motion duly made and adopted, a list upon which is set out the names, addresses and Tax Map identification numbers of the owners of real property who, as of January 31 of that year are and continue to be delinquent in payment of water rent, together with the amount of such delinquent water rent. The Village Clerk/Treasurer shall set out on the Village tax roll the name and address of the owner of the real property liable for general Village taxes, including the amount of delinquent water rent which constitutes a new principal sum and shall thereafter, as such new principal sum, be payable, collectible and enforceable in the same manner and at the same time provided by law for the payment, collection and enforcement of the Village taxes for the subject real property.
When a property owner or tenant requires more water than the existing water pipe can deliver, it is the responsibility of the property owner to pay the cost of the enlargement of said waterline from the water main to the building. The enlargement of the waterline will be considered the same as a new water service.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No person or contractor will attempt to dig up or repair any waterline prior to the service meter valve at any time other than during the normal working hours of the employees of the Village. If and when an employee of the Village is required to respond to turn off the water due to attempted repairs, either internal or external, the owner or the tenant requesting the Village employee to respond will be billed for the actual call out cost to the Village. If the owner does not pay the call out cost, the amount billed will be placed on the tax rolls. If the tenant does not pay the call out, the water will be turned off until such time as payment has been made, either by the owner or the tenant. Costs that remain unpaid shall become a lien upon the real property. Any such lien shall be prior to and superior to any other lien upon the property with the exception of real property taxes.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Any new customer that resides outside the limits of the Village of Penn Yan or prior customer with history of delinquent utility payments who requests water service from an existing line will be required to make a deposit prior to receiving service. Any existing customer may be required to make a deposit on their existing account upon consecutive delinquent payment history at the discretion of the Village Clerk/Treasurer or his/her designee.
B. 
This deposit shall be the projected estimate of the highest bill in the 12 months of future use as estimated by the Village Clerk/Treasurer or his/her designee. A deposit shall not be required if the customer has established a continuous record of on-time payment for water service with the Village over the immediately preceding twelve-month period.
C. 
The Village shall deposit such funds for a twelve-month period or for such time that a continuous two-year record of on-time payment has been established by the customer making the deposit, whichever is longer.
D. 
The deposits are returnable only to the person whose signature is of record as having made the deposit or the duly authorized representative of same. Such deposit, less any amount owing to the Village for water, sewer or electric service, shall be returned to the customer by crediting the first billing following the above-described deposit period, or on the last bill rendered, whichever is sooner.
E. 
Said deposit shall not destroy or affect any right of the Village to terminate the service agreement or discontinue service as herein provided. Said deposit shall deem as security for the payment of unpaid bills or other claims of the Village against the customer upon termination of service.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, firm or corporation who has paid his or its utility bill by check and the check has been returned for insufficient funds may be required to pay a fee as set by the Village. The customer's service will be turned off for nonpayment. The customer will be required to pay the reconnection charge, the returned check fee and the utility bill in cash, money order or bank certified check before the service is reconnected. If the customer in question has a record of checks being returned for insufficient funds, he/she will be required to pay all future bills in cash, money order or certified check at the direction of the Village Clerk/Treasurer or his/her designee.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The provisions hereof are enforceable by the Code Enforcement Officer of the Village of Penn Yan, any deputy thereof, other Acting Code Enforcement Officer, or any police officer having jurisdiction in the Village of Penn Yan, or any other officer or employee of the Village of Penn Yan so designated by the Director of Public Works of the Village of Penn Yan.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Any person convicted of a violation of this chapter shall be punished by a fine of not less than $25 nor more than $250 and/or incarceration for not more than 15 days, or both such fine and incarceration, for each such conviction.
B. 
Each day that a violation of this chapter exists shall be a separate prosecutable offense.
C. 
As an alternative to or in addition to a fine and/or incarceration as provided in Subsection A hereof, the person convicted of violating any provision of this chapter may be sentenced to community service. Such a community service sentence would be imposed as a definite term of hours of work to be served under the direction of the Department of Public Works of the Village of Penn Yan, and be pursuant to an order of conditional discharge issued by the court.