[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.]
GENERAL REFERENCES
Fraudulent checks — See Ch.
68.
Fire prevention and building construction — See Ch.
92.
Sewer rents — See Ch.
154.
Wastewater management — See Ch.
194.
The following rules and regulations are established
by the Municipal Utilities Board of the Village of Penn Yan, and every
person who shall be supplied or whose property shall be supplied automatically
accepts said rules, and the same shall constitute a part of the contract
between such persons and the Village. The word "consumer" shall be
used in these rules and regulations. It shall mean the owner of the
property.
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.
A separate tap is to be required for each lot
supplied with water. This tap is to be made by an employee of the
Municipal Utilities Board, with the cost to be borne by the consumer.
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 Municipal Utilities
Board 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]
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.
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 Municipal Utilities Board.
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 Municipal
Utilities Board 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.
The owner of the property into which water is
supplied by a service pipe 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 Municipal Utilities Board 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 Municipal Utilities Board.
[Amended 3-18-1997 by L.L. No. 1-1997]
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.
B. Cross-connection hazard. The following types of facilities
are deemed to be especially likely to have cross-connection hazards.
(2) Auxiliary water systems such as wells.
(3) Beverage-bottling plants.
(6) Chemical plants and plating facilities.
(8) Hospitals, medical buildings, sanitariums, morgues
and mortuaries.
(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.
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ACCEPTABLE DEVICES
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A.
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Determination of acceptability.
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Only two devices are applicable to the containment
concept of cross-connection control. These are the RPZ and the air
gap.
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Which RPZ is acceptable? Acceptance of a device
is based on one of the following two evaluation procedures:
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1.
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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.
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2.
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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:
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a.
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Foundation for Cross-Connection Control and
Hydraulic Research, Manual of Cross-Connection Control, Section 10
- Specifications of Backflow Prevention Devices.
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b.
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American Society of Sanitary Engineering Standard
No. 1013 (RPZ).
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c.
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American Water Works Association Standard C506.
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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.
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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.
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B.
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Unacceptable devices.
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The following devices are not acceptable for
the containment approach:
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Check valves (single or double).
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Gate valve.
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Four-way plug valve.
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Barometric loop.
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Spool connection.
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Swing joint connection.
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Vacuum breakers.
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TYPICAL INSTALLATION DETAILS
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A.
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Principles.
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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.
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In general, backflow prevention devices must
be protected against freezing and must be accessible for testing and
maintenance.
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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.
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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.
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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.
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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.
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All devices must be installed so that they are
not subject to flooding.
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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:
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1.
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Where the water service line to be protected
is greater that 10 inches, branching the line and installing parallel
devices may be utilized.
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2.
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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.
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3.
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Where the dual service for fire flow requirements
are necessary.
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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.
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B.
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RPZ.
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These devices must also be protected against
freezing and the test cocks should be positioned to facilitate testing.
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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.
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Note: Keep snow cleared away from drain. See
diagrams RPZ Above Grade Installation and RPZ Installed within a Facility
following.
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C.
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Air gap.
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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.
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No curb stop will be operated by anyone except
a representative of the Municipal Utilities Board.
[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]
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 3/4 inch inside diameter
shall be purchased by the owner of the property where the meter is
installed. Meters must be approved by authorized Municipal Utility
Board personnel prior to purchase by the property owner. 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.
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 Municipal Utilities Board 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.
All water meters, when set, shall be sealed
to prevent tampering. No person except an authorized employee of the
Municipal Utilities Board shall break such seals or tamper with said
meter.
Any employee of the Municipal Utilities Board,
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]
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 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.
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.
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 give
the Municipal Utilities Board 48 hours' advance notice before commencing
such testing or repairs. The connection charges per billing shall
be as adopted by the Municipal Utilities Board from time to time:
Proposed 1988 Schedule
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Type of Service
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Fee
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Hydrants on private property Inside the Village
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$5.50
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Outside the Village
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$7.76
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Sprinkler systems (inches)
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1 1/2 and 2
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$5.00
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4
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$10.00
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6
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$15.00
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8
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$20.00
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10
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$25.00
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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.
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 installed, at the consumption rate
during corresponding period of the previous year, if available. 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]
The penalty for payments received subsequent
to the due date thereof shall be 1.5% per month of the net amount
of the water rent due. 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]
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 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.
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,
upon recommendation of the Municipal Utilities Board.
D. An applicant for water service may be denied such service in the
event that said applicant has any past due water rent for any other
premises receiving water service from the Penn Yan Municipal Water
system.
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 10 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 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.
In any building with multiple meters, there
shall be a main water shutoff just inside the wall and individual
shutoffs for each meter in the building.
Any person or persons, firm or corporation violating
any of the provisions of these rules, regulations and ordinances hereby
enacted shall, upon conviction, be fined a minimum of $25 and a maximum
of $250 or imprisoned in the County jail for not more than 15 days,
or be both so fined and imprisoned, and further, these rules and regulations
and ordinances may be enforced by injunction.
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.
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 Municipal Utilities Board. If and when an employee of the Municipal
Utilities Board is required to respond to turn off the water due to
attempted repairs, either internal or external, the owner or the tenant
requesting the Municipal Utilities Board employee to respond will
be billed for the actual call out cost to the Municipal Utilities
Board. 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.
A. Any new customer that resides outside the limits of
the Village of Penn Yan who requests water service from an existing
line will be required to make a deposit, prior to receiving service.
This deposit shall be the higher of $50 or the projected estimate
of the highest bimonthly bill in the 12 months of future use as estimated
by the Director of Public Works or his designee. A deposit shall not
be required if the customer has established a continuous record of
on-time payment for water service with the Penn Yan Municipal Utilities
Board over the immediately preceding two-year period.
B. The Penn Yan Municipal Utilities Board shall deposit
such funds for a two-year period or to such time that a continuous
two-year record of on-time payment has been established by the customer
making the deposit, whichever is longer.
C. 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
Penn Yan Municipal Utilities Board for water 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.
D. Said deposit shall not destroy or impale or effect
any right of the Penn Yan Municipal Utilities Board 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 Penn Yan Municipal Utilities Board against the
customer upon termination of service.
Any person, firm or corporation who has paid
his or its utility bill by check and the check has been returned for
insufficient funds will be required to pay a fee as set by the Municipal
Utilities Board. 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 will be required to pay all future bills in cash, money
order or certified check.