[HISTORY: Adopted by the Board of Trustees
of the Village of Massena 5-18-1982 by L.L. No. 1-1982. Amendments noted where
applicable.]
A.
The following rules and regulations established by
the Board of Trustees of the Village of Massena, or as hereinafter
amended or modified, are made a part of any and all agreements or
contracts with each consumer/owner, taker or user of water furnished,
directly or indirectly, from the mains of said Village.
B.
Each and every consumer/owner, user or taker of water
from the Village water system shall be in all respects bound by, and
shall be considered to have agreed to, the rules, regulations, requirements,
conditions and schedules of water rates and other charges as hereinafter
set forth or amended or modified by the Board of Trustees as a condition
precedent to the rights of service from said water system.
C.
All premises using the Village water supply must use
a meter approved by the Superintendent of Public Works and owned by
the Village.
A.
Permanent connections.
(1)
Parties desirous of connecting to the mains of the
water system of the Village shall make application for permission.
It shall be in the discretion of the Superintendent of Public Works
to fix and determine the charges for this service, in accord with
current labor and material costs. Those costs are defined annually
in the fee schedule of Village employee labor and contracted costs
for materials.
[Amended 10-21-2003 by L.L. No. 5-2003; 9-7-2010 by L.L. No. 6-2010; 10-21-2014 by L.L. No. 4-2014]
(2)
No person or persons shall make connection to the mains of the water system of the Village, except the duly authorized representatives of the Village of Massena. Any person violating any of the provisions contained in § 290-2 shall be liable to a fine and penalty of not less than $100 nor more than $250 or by imprisonment for not more than 15 days for each violation. Each day on which such violation continues shall constitute a separate offense.
[Amended 9-4-2001 by L.L. No. 2-2001]
(3)
The installation, maintenance and condition of a service
pipe/lateral from the main to the meter shall be to the satisfaction
of the Superintendent of Public Works or his representative. The curb
stop shall be closed and remain closed and shall not be opened by
anyone other than the Superintendent of Public Works or his agent.
[Amended 9-4-2001 by L.L. No. 2-2001]
(4)
All materials, the method, manner and location of
same and the general arrangement and progress of the work shall conform
to the specifications hereinafter set forth in these regulations.
(5)
No work shall be performed until the owner or applicant
has obtained the necessary street opening permit from the proper authority.
(6)
A separate tap and service shall be installed for
each premises located on a street in which there is a Village water
main, and no connection will be allowed to supply water to another
person or premises except with the written permission of the Board
of Trustees of the Village of Massena. When the word "premises" is
used herein, it shall be taken to designate:
(a)
A building under one roof, owned or leased by
one person or occupied as a residence or for business, industrial
or commercial purposes.
(b)
Each premises having its own frontage upon a
street having a water main shall have its own individual service;
except, however, that, in all cases where two or more buildings on
the same lot have frontage on the street upon which there is a water
main, the buildings which do not have a water service may connect
onto the water line of the building having such a service, provided
that when such connection is made, due notice is given by the party
so connecting to the Superintendent of Public Works before any connection
is made so that the Superintendent may place a separate meter for
each building using water under such conditions.
[Amended 9-4-2001 by L.L. No. 2-2001]
(7)
The minimum size and material service pipe to be installed
shall have a diameter of 3/4 inch and be of copper material. The applicant
shall state the size of the service desired.
[Amended 9-4-2001 by L.L. No. 2-2001]
(8)
No connection of any kind shall be made to the service
pipe between the main and the meter.
(9)
Where an application is made for a connection for
which an existing service pipe is provided to the curb box only, all
work shall be performed in accordance with these rules, regulations
and specifications, as far as they are applicable. The connections
shall be made at the curb stop instead of at the main. It shall be
the duty of the applicant or his agent to determine that the portion
of the connection previously installed is in satisfactory condition
and to make any repairs thereto which may be required by the Superintendent
of Public Works or his representative, all of which shall be at the
expense of the applicant. Detailed methods of connection to the existing
service pipe shall be in accordance with the instructions of the Superintendent
of Public Works or his representative. The applicant must pay the
charge which is applicable to the service connection previously installed
based on the following schedule: For properties located within the
Village, the charges determined by the Superintendent of Public Works
will be an amount equal to 50% of the actual cost of installation.
For properties located in the Town outside of the Village, the charges
determined by the Superintendent of Public Works will be an amount
equal to 100% of the actual installation costs. All materials for
connections larger than 3/4-inch copper and any special equipment
necessary to complete installation will be charged to the applicant,
whether located inside or outside of the Village, at 100% of the actual
cost.
[Amended 9-7-2010 by L.L. No. 6-2010; 10-21-2014 by L.L. No.
4-2014]
(10)
Where an application is made to increase the size
of the service pipe or for any other change to be made in said pipe
which serves any consumer/owner, the corporation stop controlling
such service must be closed at the main prior to any withdrawal of
water through the reconstructed service pipe.
B.
Temporary connections. Those desiring the use of water
for temporary purposes other than from temporary connections to the
main shall make application therefor to the Village of Massena, setting
forth in detail the reason therefor and the exact use which is to
be made of the water, and the Village of Massena may issue the necessary
permit under such terms and conditions as it may determine.
C.
Cross-connection control. It shall be unlawful for the owner of property or the user of Village water, or both, to introduce or permit the introduction into the Village water supply system of pollution or contamination of any kind. Whenever cross-connection to other water supply into the Village system is found or whenever any other condition is found which presents the possibility of contamination or pollution, the water supply to such premises and/or other premises from which cross-connection is made shall be discontinued immediately until the cross-connection is eliminated or the condition remedied. The operator of the waterworks may permit or require a backflow preventer of pattern and design which the New York State Department of Health approves as reasonably adequate to prevent contamination if the operator determines that a complete physical separation from the Village water system is not practicable or necessary or that adequate inspection for cross-connection cannot readily be made or that such backflow preventer is necessary because of existing or possible backflow resulting from special condition, use or equipment. Any corrective measure, disconnection or change on private property shall be at the sole expense of the person in control of such property. Any changes required in the Village system outside the property or between the meter and the supply line or distribution system and any charges for cutoff or disconnection shall be added to the charges for water against the premises necessitating such expenditure. All physical connections which may constitute potential cross-connection are prohibited unless constructed, maintained and operated in accordance with the provisions of the New York State Sanitary Code, Chapter 1, Subpart 5-1, Section 5-1.31.
[Added 6-19-1990 by L.L. No. 6-1990;
amended 9-4-2001 by L.L. No. 2-2001]
A.
Except in cases of fire, no person or persons shall take water from the fire hydrants of said Village for any purpose whatsoever without having obtained a special permit from the Village of Massena, which permit shall be conditioned in accordance with the circumstances involved at the discretion of the Village of Massena, and, in case of fire, said fire hydrants shall be opened and water taken therefrom only by Village employees or active members of the Fire Department. Any person violating any of the provisions contained in § 290-3 shall be liable to a fine and penalty of not less than $100 nor more than $250 or by imprisonment for not more than 15 days for each violation. Each day on which such violation continues shall constitute a separate offense.
[Amended 9-4-2001 by L.L. No. 2-2001]
B.
No work shall be performed upon the Village mains
or upon services connected thereto between the main and the curb stop,
except by employees or agents of the Village of Massena.
C.
The consumer/owner is required to notify the Superintendent
of Public Works of any leak occurring in or damage to the service
line. In such case, the water will be turned off at the curb stop
and shall remain turned off until the leak or the damage is repaired
to the satisfaction of the Superintendent of Public Works. All repairs
to the service line between the curb stop and the water meter shall
be made by the consumer/owner at his own cost and expense. The repairs
to the service line between the main and the curb stop shall also
be made at the expense of the consumer/owner. If the service pipe
is all galvanized iron, at the option of the Superintendent of Public
Works, a service of galvanized iron or other may be required to be
replaced with a copper service pipe between the main and the meter
at the expense of the consumer/owner. In all cases, repairs shall
be made in conformity with the specifications for new services insofar
as they may be applicable. Nothing in this section shall be construed
as violating any agreement heretofore entered into between consumer/owners
served through improved and accepted services and the Village of Massena,
nor is it to be construed as affecting any future agreements similar
to the ones heretofore executed.
[Amended 9-4-2001 by L.L. No. 2-2001; 9-7-2010 by L.L. No.
6-2010; 10-21-2014 by L.L. No. 4-2014]
D.
If it is desired to abandon a service, the Village
of Massena shall be notified in writing, and the service will be disconnected
at the meter. The work shall be performed at the expense of the owner.
A new service pipe will not be provided for an applicant while a disconnected
service is disconnected in accordance with this provision.
[Amended 10-2-2007 by L.L. No. 2-2007]
E.
The Superintendent of Public Works of the Village of Massena shall have control of the installation, maintenance, repair and adjustment of taps, mains, curb boxes, service pipes and meters. The Village of Massena shall not be responsible for breaks, obstructions or interruption in service arising from any cause whatsoever, except that it may take such steps as are reasonable upon proper notification to make such repairs as may be necessary to restore service from the main to the curb stop. Charges for such repairs are to be made in accordance with Subsection C of this section.
F.
Service shall be controlled at the curb stop, and
water will be charged for as long as the curb stop is open. The water
shall be turned off and on only by employees of the Village of Massena
or its duly authorized representatives and only upon filing proper
notice with said Village of Massena. Violations of this rule shall
be sufficient cause for discontinuing the service.
[Amended 9-4-2001 by L.L. No. 2-2001]
G.
The Village of Massena shall not be liable for any
damage which may result in consumer/owners' pipes, appliances or other
fixture from the shutting off of water mains or service pipes for
any purpose whatsoever, whether previous notice has been given or
not. No deduction from the service charge will be made for periods
when the service is shut off. In cases where coils or other devices
are installed in heating furnaces or separate heating devices for
the purpose of providing domestic hot water, an approved check and
relief valve must be installed at the expense of the owner in the
supply of the feed pipe between the meter and the source of heat.
This is not only to be installed at the expense of the owner but also
at his peril. The Village of Massena assumes no responsibility for
the proper operations and function of said valves.
H.
In cases where boilers or other special equipment
is supplied with water, a suitable valve or other device must be installed
at the expense and peril of the consumer/owner to prevent collapse
or explosion in case the water is shut off in the street mains.
I.
The Village of Massena shall not be held liable for
any damage sustained by reason of failure to supply water to any owner
at any time or for any cause, and it reserves the right to control
the amount of water supplied in the event that the supply becomes
short for any reason, in particular, the right, at any time it is
considered necessary, to prohibit the use of water for sprinkling
of lawns or gardens or for any other purpose.
J.
The Village of Massena does not guarantee service
from the street main to the meter or through the house or through
any piping valves or connections therein.
K.
The Village of Massena shall be the sole judge as
to the meaning of these rules and regulations. Its interpretation
shall be final and binding upon all applicants for water service and
upon all takers and users of water.
L.
In all cases where the Village has performed and provided
a service, an administrative charge (8.0%) of the aggregate bill amount
shall be added to the total.
[Added 10-2-2007 by L.L. No. 2-2007]
[Amended 9-4-2001 by L.L. No. 2-2001; 10-2-2007 by L.L. No.
2-2007]
Five-eighths-inch by three-fourths-inch meters
and transmitter units to be used within the limits of the Village
of Massena will be furnished by the Village at Village expense. All
others shall be furnished by the Village at the property owner's expense
and shall remain the property of the Village. Five-eighths-inch by
three-fourths-inch meters and transmitter units to be used for individual
residential service outside the limits of the Village of Massena will
be furnished by the Village at Village expense. All others shall be
furnished by the Village at the property owner's expense, including
capital projects and large-scale developments as determined by the
Superintendent of Public Works, where the service has been extended
by the Village of Massena.
A.
Meters shall be the size determined by the requirements
of each particular installation and shall be adequate for delivering
and measuring accurately the peak loads which they may be required
to handle.
B.
In case of installations having three-fourths-inch service pipes, the requirements of Subsection A of this section will usually be deemed to have been met where the meter is of five-eighths-inch size with three-fourths-inch connections.
C.
In case of installations having service pipes larger than 3/4 inch, the requirements of Subsection A of this section will usually be deemed to have been met where the meter is of the same size as the service pipe.
D.
Where the service pipe is larger than 3/4 inch, a
meter of smaller size than the service pipe may be used.
E.
In all other cases which are not specifically covered
by this section, the judgment and discretion of the Superintendent
of Public Works of the Village of Massena is final and binding.
[Amended 10-2-2007 by L.L. No. 2-2007]
A.
The service connection and the plumbing in the building
to be served shall be so arranged that the meter can be placed in
a horizontal position not more than three feet from the point at which
the service enters the building. There shall be installed by the owner
a suitable stop and waste valve between the point where the service
enters the building and the meter, which must at all times be within
clear view, and the location thereof must be easily accessible for
reading, inspection and repair.
B.
The Village of Massena may, in its discretion, install
a transmitter, remote or outside reader on or in any building served
by the Village Water Department. This transmitter, remote or outside
reader shall be installed at no cost to the property owner. The transmitter,
remote or outside reader shall be installed at a location which is
easily accessible for reading. The Superintendent of Public Works
shall designate such location.
Employees or agents of the Village of Massena
may enter the premises of the consumer/owner at any reasonable time
to examine its connections and to determine the quantity of water
used and the method and manner of its use. The hours between 8:00
a.m. and 6:00 p.m. shall be considered reasonable hours for this purpose.
[Amended 10-2-2007 by L.L. No. 2-2007]
Damaged meters and transmitters shall be repaired
or replaced by the Village of Massena at the expense of the consumer/owner,
except where the damage is caused by ordinary wear and tear.
A.
All persons are forbidden to interfere with or remove a water meter from any service. Any person violating any of the provisions contained in § 290-9 shall be liable to a fine and penalty of not less than $100 nor more than $250 or by imprisonment for not more than 15 days for each violation. Each day on which such violation continues shall constitute a separate offense.
[Amended 9-4-2001 by L.L. No. 2-2001]
B.
No seal placed by the Village of Massena for the protection
of any meter, valve, fitting or other water connection shall be tampered
with or defaced. It shall not be broken except on written authorization
from the Superintendent of Public Works. Where the seal is broken,
the Village of Massena reserves the right to order the meter removed
for test at the expense of the consumer/owner.
C.
Whenever a seal on a water meter shall be found to
be broken, it shall be presumptive evidence that it was broken by
the owner or occupant of the premises in which it is located.
[Amended 9-4-2001 by L.L. No. 2-2001]
A.
General rates and minimum allowed usage. Water shall
be charged to all consumers/owners, users or takers of water on an
equivalent dwelling unit (EDU) basis and actual usage in accordance
with the following rates:
(1)
Water rate schedule: inside Village.
(a)
Water Plant capital recovery fee: $3.50 per
month per EDU; $7 every two months per EDU; or $10.50 quarterly per
EDU, as determined by the Village.
(b)
Maple and Orvis Streets (Route 37B Project)
capital recovery fee: $1.50 per month per EDU; $3 every two months
per EDU; or $4.50 quarterly per EDU, as determined by the Village.
(c)
Rate Schedule.
[Amended 5-8-2010 by L.L. No. 4-2010; 10-20-2015 by L.L. No. 5-2015; 12-17-2019 by L.L. No. 3-2019; 5-16-2023 by L.L. No. 5-2023]
|
Water Used in Any Calendar Month
(gallons)
|
Rate per 1,000 Gallons
|
|---|---|
|
First 3,000
|
$4.89
|
|
Next 17,000
|
$4.15
|
|
Excess of 20,000
|
$3.21
|
|
NOTE: The minimum allowed usage is 3,000 gallons
per month or $14.67 per month, or $29.34 bimonthly (every two months).
|
(2)
Water rate schedule: outside Village within a water
district.
[Amended 5-8-2010 by L.L. No. 4-2010; 10-20-2015 by L.L. No. 5-2015;3-20-2018 by L.L. No. 4-2018]
(a)
Water Plant capital recovery fee: $3.50 per
month per EDU; $7 every two months per EDU; or $10.50 quarterly per
EDU, as determined by the Village.
(b)
Rate Schedule.
[Amended 12-17-2019 by L.L. No. 3-2019; 5-16-2023 by L.L. No. 5-2023]
|
Use
|
Rate
|
|---|---|
|
Residential
|
$5.14 per 1,000 gallons per month; minimum $15.42
per month for 3,000 gallons, or minimum $30.84 bimonthly (every two
months) for 6,000 gallons
|
|
Commercial
|
$9.35 per 1,000 gallons per month; minimum $70.13
per month for 7,500 gallons, or minimum $140.26 bimonthly (every two
months) for 15,000 gallons
|
|
Industrial
|
$9.35 per 1,000 gallons per month; minimum per
contract agreement
|
|
Institutional
|
$5.14 per 1,000 gallons per month; minimum $102.80
per month for 20,000 gallons, or minimum $205.60 bimonthly (every
two months) for 40,000 gallons
|
(3)
Water rate schedule: outside Village not within a water district.
[Added 3-20-2018 by L.L.
No. 4-2018]
(a)
Water Plant capital recovery fee: $3.50 per month per EDU; $7
every two months per EDU; or $10.50 quarterly per EDU, as determined
by the Village.
(b)
Nondistrict fee: $20 per month per EDU; $40 every two months
per EDU, as determined by the Village.
[Amended 5-16-2023 by L.L. No. 5-2023]
(c)
Rate Schedule.
[Amended 12-17-2019 by L.L. No. 3-2019; 5-16-2023 by L.L. No. 5-2023]
|
Use
|
Rate
|
|---|---|
|
Residential
|
$6.43 per 1,000 gallons per month; minimum $19.29 per month
for 3,000 gallons, or minimum $38.58 bimonthly (every two months)
for 6,000 gallons
|
|
Commercial
|
$11.68 per 1,000 gallons per month; minimum $87.60 per month
for 7,500 gallons, or minimum $175.20 bimonthly (every two months)
for 15,000 gallons
|
|
Industrial
|
$9.35 per 1,000 gallons per month; minimum per contract agreement
|
|
Institutional
|
$6.43 per 1,000 gallons per month; minimum $128.60 per month
for 20,000 gallons, or minimum $257.20 bimonthly (every two months)
for 40,000 gallons
|
B.
Water Plant recovery fee. A user fee based on an equivalent
dwelling unit (EDU) will be collected by the Village of Massena for
each consumer/owner, user or taker of water and any parcel within
the Village boundaries that has water service available. An EDU is
based on one average annual residential consumption. The amount of
the fee is calculated based on the capital improvements and debt needs
of the Village Water Treatment Plant only. The Water Plant capital
recovery fee will be collected regardless of water usage, even if
the water has been shut off or disconnected. Town of Massena Water
District Users will not be charged if water service has been physically
disconnected. Equivalent dwelling units are assigned as follows:
|
Property or Parcel Type
|
Number of Equivalent Dwelling Units
| |
|---|---|---|
|
Residential
| ||
|
Commercial
|
1 per occupancy (annual usage less than 100,000
gallons)
| |
|
Large users, including but not limited to dry
cleaners, laundries, car washes, restaurants
|
Calculated based on average annual usage, one
per 100,000 gallons
| |
|
Professional offices, retail establishments
| ||
|
Industrial
|
Calculated based on average annual usage, 1
per 100,000 gallons
| |
|
Institutional: schools, hospitals and medical
offices, nursing homes
|
Calculated based on average annual usage, 1
per 100,000 gallons
| |
|
Vacant parcels, parking lots, etc.
|
1/2 per parcel (parcels that do not have access
to connect to water mains are exempt, such as landlocked)
| |
|
Cemetery
|
Exempt
|
C.
Multiple-unit or apartment building minimums. Any
structure or unit receiving water service shall be charged, billed
and collected a minimum water charge per month equivalent to the number
of electric meters serving or utilized at said structure or building.
Any structure wherein there are fewer electric meters than the number
of separate units shall be charged the number of minimums equal to
the number of separate units. Any usage, as registered by the water
meter, above the multiple or the number of minimums by the minimum
monthly gallonage of 3,000 gallons will be charged and collected in
addition to such minimum. In addition, each building shall be charged
for water usage on the excess gallonage over the number of minimums,
multiplied by the gallons permitted under a single minimum.
D.
Minimum rates for public multiple dwellings. Minimum
rates for public housing (one- or two-room apartments) with one electric
meter and/or one water meter shall be based on a ratio of 1:1 (apartments
vs. billing units) (100 apartments equal 100 units to be billed).
E.
In the event that a structure has multiple electric
meters but there is a permanent discontinuance of separate units,
then, upon application of the Superintendent and upon his certification
that the separate uses have been permanently discontinued, the Village
may waive the requirement as to charges for separate minimums.
F.
Unit. A "single unit" shall be defined as the use
of a structure for a separate function, whether or not owned or utilized
by the same person or persons, which has individual water/sewer service.
In the circumstances where there are separate units utilizing common
water/sewer facilities, each separate common water/sewer facility
shall constitute one unit.
[Added 11-7-1984 by L.L. No. 12-1984; 10-2-2007 by L.L. No. 2-2007]
Should it be desired by the consumer/owner to
discontinue the use of water, the Village of Massena shall be notified
in writing as to the desired time and place at which the service is
to be discontinued. The Board shall require the Superintendent of
Public Works or his representative to shut off the service at the
curb box. When it is desired to resume service, similar notification
shall be given to the Village of Massena and, upon payment of all
indebtedness, the Superintendent of Public Works or his representative
will turn on or off the water at the curb box. The charge made for
turning on or off the water shall be $25.
A.
It is the policy of the Village of Massena to make
periodic tests at approximately eight-year intervals of all meters
sized one inch and smaller, without specific charge to the consumer/owner.
There shall be, however, no obligation upon the Department to make
these tests, nor shall the failure to do so give rise to the assumption
that the meters are in any way out of order or incorrectly registering.
B.
The meters will be tested at the request of the property
owner upon the payment, in escrow, to the Village Treasurer of the
sum of $35. If the tested meter is found to be within the error limits
established by the Superintendent, said deposit will be forfeited
to the Village of Massena. If the tested meter exceeds the error limits
established by the Superintendent, the above deposit will be returned
to the consumer/owner or owner. Such testing will be at such times
as is convenient for the Village Water Department.
[Amended 10-2-2007 by L.L. No. 2-2007]
C.
If there should be a disarrangement of the meter or
a faulty registration of the quantity of water consumed for the current
quarter, the correct amount shall be taken to be that of the registration
plus the deficiency or less the excess that the subsequent readings
of the meters shall indicate, and if it is found that the meter is
stopped or fails to register, the quantity of water consumed shall
be taken to be the same as that of the average of the previous four
quarters and the bill rendered accordingly.
A.
Where repairs to meters are necessitated by the normal
deterioration of the meters through use, the cost of repairing such
meters shall be borne by the Village of Massena.
B.
Where repairs to meters are necessitated by neglect
on the part of the consumer/owner, such as damage done by freezing
or by hot water backing through the meter or actual breakage, the
consumer/owner shall be charged for the cost of the repair work. Such
cost, however, shall not exceed the cost of purchasing a new meter
of the same size.
When bills are desired by the consumer/owner
at other than regularly specified times, a bill will be given after
the receipt of a written request.
The Village of Massena does not assume responsibility
for frozen services, notwithstanding the fact that installation of
any service which may subsequently become frozen had been installed
by the Village or its representatives.
A.
Each consumer/owner will, unless it is otherwise provided,
receive a bill for water monthly, bimonthly (every two months), or
quarterly, the same to be due and payable upon presentation.
[Amended 4-29-1987 by L.L. No. 3-1987; 10-21-2003 by L.L. No.
5-2003]
B.
In any case where the amount of water used is of such
quantity that the Superintendent of Public Works shall deem it advisable
to issue a bill monthly, it shall be done notwithstanding the provisions
of the foregoing subsection. The decision of the Superintendent of
Public Works shall be binding, and the bills shall become due and
payable upon presentation.
C.
The responsibility for payment of all bills rests
upon the owner of the premises, and he shall be liable for all charges
when due and payable, and such charges shall be a lien upon the premises
until fully paid.
D.
Failure to receive a bill, either monthly, bimonthly
(every two months), or quarterly, does not entitle any consumer/owner
to avoid the penalty as hereinafter prescribed. The Village of Massena
does not guarantee billing or delivery of bills to any consumer/owner.
[Amended 10-21-2003 by L.L. No. 5-2003]
[Amended 11-21-1989 by L.L. No. 12-1989; 5-21-1996 by L.L. No. 3-1996; 6-17-1997 by L.L. No. 5-1997]
A.
In the event that any previous water bill, whether
the same is rendered monthly, bimonthly (every two months) or quarterly,
has not been paid in full, a penalty of 10% or the amount of the unpaid
bill will be assessed and added to the water-consumption bill. Said
penalty of 10% shall go into effect the 11th day of the month following
the date of the bill. However, if payment is made by mail, payment
shall be presumed timely if the envelope containing said payment is
postmarked before the closing of the 10th day of the month following
the date of the bill.
[Amended 10-21-2003 by L.L. No. 5-2003]
B.
If payment is made by use of the Village night deposit
box, payment shall be presumed timely if the payment is removed by
8:00 a.m. the morning after the due date of the bill. It is then backdated
one business day and posted with such date.
[Amended 1-19-1999 by L.L. No. 1-1999]
A.
Unpaid bills for water-service charges or other charges
incurred by the consumer/owner are a lien upon the property. The Village
may enforce the collection of unpaid bills by cutting off the supply
of water after penalties start to accrue on the unpaid bill or may
enforce collection of such bill or by any other means as provided
by law.
B.
On or before the first day of May in each year, the
Village Treasurer shall submit to the Board of Trustees a statement
showing the names of the owners of property who have not paid the
water rent as provided or prescribed herein and the amount of such
delinquency. Such amounts shall be levied as taxes upon the several
properties owned by the persons named in such statement and shall
be shown in a separate column in the tax roll under the name of "Water
Rents." Such water rents may also be collected in the manner prescribed
in Subdivision 4 of § 452 of the General Municipal Law.
[Amended 10-2-2007 by L.L. No. 2-2007]
A.
In cases where it is desired to install connections
to private fire-protection systems, written application shall be made
to the Village, setting forth the details thereof. The application
shall be accompanied by a sketch or diagram showing the plan of the
system to be installed. This plan must be approved by the Village
previous to any work being done.
B.
The Village of Massena reserves the right to impose
specific regulations in connection with the supply to private fire-protection
systems.
C.
All installations necessary to serve private fire-protection
systems shall be constructed and maintained at the sole expense of
the owner or applicant. Connections for private fire-protection purposes
shall be properly valved at the expense of the consumer/owner in order
to prevent the use of water for any other purpose than those which
are contemplated by this article.
A.
The Board of Trustees may consent to the extension
of Village water mains beyond the Village limits upon such terms and
conditions as the Trustees may agree; provided, however, that ownership
of all mains and equipment, except laterals from the street or right-of-way
to the building and any elevated tank structure, shall be owned by
the Village and maintained or caused to maintained by the municipality
and/or district(s) said water mains and equipment serve; the laterals
by the property owner, and elevated structure by the water district(s)
and/or the municipality the structure serves.
[Amended 6-20-1989 by L.L. No. 5-1989; 9-4-2001 by L.L. No. 2-2001; 10-2-2007 by L.L. No. 2-2007]
B.
As a precondition to the receipt of Village water
service from and after the effective date of this chapter, any such
water main or equipment lying in any public street or right-of-way
shall be transferred to the Village of Massena.
[Amended 10-2-2007 by L.L. No. 2-2007]
C.
Any contract between the Village of Massena and any
water district outside of the Village of Massena must embody, and
does so by reference, the terms and conditions of the Water Use Law
for the Village of Massena, as it may be amended from time to time.
A.
The Water Department shall not discontinue water service
to an entire multiple dwelling (as defined in the Multiple Dwelling
Law or the Multiple Residence Law) located in this Village for nonpayment
of bills rendered for service unless such Department shall have given
15 days' notice of its intention so to discontinue as follows:
(1)
Such notice shall be served personally on the owner
of the premises affected or, in lieu thereof, to the person, firm
or corporation to whom or which the last preceding bill has been rendered
and from whom or which the utility has received payment therefor and
to the superintendent or other person in charge of the building or
premises affected, if it can be readily ascertained that there is
such superintendent or other person in charge.
(2)
In lieu of personal delivery of the person or persons, firm or corporation specified in Subsection A(1) above, such notice may be mailed in a postpaid wrapper to the address of such person or persons, firm or corporation.
(3)
Additional notice.
(a)
In addition to the notice prescribed by Subsection A(1) and (2) above, 15 days' written notice shall be:
[1]
Posted in the public areas of such multiple
dwelling;
[2]
Mailed to the occupant of each unit in that
multiple dwelling;
[3]
Mailed to the local health officer and the director
of the social services district for the political subdivision in which
the multiple dwelling is located;
[4]
If the multiple dwelling is located in a city
or Village, mailed to the Mayor thereof or, if there is none, to the
Manager or, if the multiple dwelling is located in a town, then mailed
to the Town Supervisor; and
[5]
Mailed to the County Executive of the county
in which the multiple dwelling is located or, if there is none, then
the Chairman of such county's legislative body.
(b)
Notice required by Subsection A(3)(a)[4] and [5] may be mailed to the persons specified therein or to their respective designees. The notice required by this subsection shall state the intended date of discontinuance of service, the amount due for such service and the procedure by which any tenant or public agency may make such payment and thereby avoid discontinuance of service.
(4)
The written notice required by Subsection A(3)(a)[3], [4] and [5] above shall be repeated not more than four days nor less than two days prior to such discontinuance.
B.
Whenever a notice of intention to discontinue utility
service has been made pursuant to the provisions of this section and
obligations owed the Department have been satisfied, the Department
shall notify, in the same manner as it gave such notice of intention,
the occupant of each unit that the intention to discontinue service
no longer exists.
A.
Upon any violation of the rules hereinbefore and hereinafter set forth, the Village of Massena, by its duly constituted agency, may, upon following the process outlined in § 290-21, discontinue the supply of water, and such supply shall not be made available until all of the rules and regulations are complied with and until all unpaid charges and rents shall be paid. The foregoing shall also include the charge for turning off the water.
[Amended 10-2-2007 by L.L. No. 2-2007]
B.
Service of any notice authorized or directed by or
on behalf of the Village of Massena may be made upon the owner or
consumer/owner, personally or by leaving the same at the premises
where the water is supplied or by sending the same by mail to such
party at the last address furnished to the Village.
Whenever the public health, welfare or order
of the Village of Massena is endangered due to the freezing of water
service or supply pipes of the water consumer/owners of the Village
of Massena, the Board of Trustees of said Village is hereby empowered
to declare that a public emergency exists.
Upon the declaration by the Board of Trustees
of the Village of Massena that a public emergency exists due to the
freezing of water service or supply pipes, the Village of Massena,
by its agents, is hereby authorized and empowered to enter into a
written agreement to provide for the continuous flow of water at a
minimum charge with any and all property owners whose water service
or supply pipes from the main to the building are freezing or are
in danger of freezing as determined by the Superintendent of Public
Works during the emergency declared to exist, upon written application
by said property owner and upon the following terms and conditions:
A.
The property owner agrees to pay and does pay to the
Village of Massena for each month for the duration of the emergency
period a sum equal in amount to the average monthly charge for water
based on the last four quarterly meter readings, and said Village
of Massena, upon making such agreement, allows to such water consumer/owner
the amount of water that such average monthly charge will purchase
at the current water rate.
B.
Upon the execution of such an agreement by the water
consumer/owner and the duly authorized agency of the Village of Massena,
it shall be mutually agreed that such consumer/owner will pay to said
Village of Massena the scheduled rate per 1,000 gallons for all water
used in excess of the allowance hereinbefore provided.
[Amended 10-2-2007 by L.L. No. 2-2007]
An emergency declared to exist hereunder shall
cease and terminate on the first day of May following its declaration,
and the meters of water consumer/owners making the agreement herein
contemplated shall be read on that day and the water consumption determined.
[Added 10-2-2007 by L.L. No. 2-2007]
In the event a water supply lateral freezes
and obstructs or minimizes the flow of water to any residence, business
or other structure, the Village of Massena is prohibited from thawing
or assisting in the repair of said frozen line.
