[HISTORY: Adopted by the Board of Trustees of the Village of Albion 4-14-1993 by L.L. No. 1-1993. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 112.
Swimming pools — See Ch. 280.
A. 
All applications for the introduction of or use of water on any premises or for the extension of any water pipe shall be in writing and signed by the owner of such premises or by his or her duly authorized agent and must fully and truly state the purpose for which such water is required and all the expenses incident to the introduction or use of water on any premises, except for tapping the water main, must be paid by the applicant.
B. 
No tapping of the water main shall be done until the application for water has been approved. Tapping shall be done by Village employees or its contractors.
C. 
Each consumer desiring water service from the Village of Albion water system shall make written application therefor on forms provided by the Village prior to receiving such water supply.
D. 
Any premises where water service has been terminated for a period of six months shall be inspected by the Code Enforcement Officer or agent to ensure compliance with the requirements for a certificate of occupancy.
[Added 12-14-2005 by L.L. No. 10-2005]
Every owner of each premises utilizing water from the Village water system shall be required, for each service, to install a water meter of a brand or manufacturer approved and furnished by the Village. Charge shall be made for all water registered by the meter, whether used, consumed or wasted, including any leaks or malfunctions on owners premises, and the owner shall be liable for the same.
A. 
All water pipes between the water main and the existing curb valve, together with all fixtures connected therewith, shall be kept in good repair and protected from freezing by the Village of Albion at the expense of the Village of Albion. All water pipes from the existing curb valve to the premises where the water is used, together with all fixtures connected therewith, are the property of the owner of the premises and must be kept in good repair and protected from freezing, and all unnecessary waste or leakage of water must be prevented, at the expense of the owner.
B. 
A stop and waste cock for shutting off the water must be located immediately within the wall of the building and between such wall and the water meter, and the pipes must be so arranged that the water can be drawn from them whenever and wherever there is danger of freezing.
C. 
The owner shall be responsible for all costs incurred due to violations of this section or to the malfunctions of fixtures, pipes or equipment belonging to owners or occupants, including, but not limited to, repair costs, damages and water loss.
The setting of meters must be under the supervision of the person in charge of the operation of the Village of Albion water system or his or her representative. Wherever a meter is to be installed, a suitable place must be provided by the owner and must be a place free from frost and accessible at all times. If it is impossible to place the meter where it will be free from frost, a suitable boxing must be built and the meter packed to prevent freezing, at the expense of the owner of property. This ruling applies to all meters installed, whether they are sold or on rental basis.
A. 
Each owner and occupant shall provide authorized Village employees access to read meters without notice where no remote reader is installed.
[Amended 8-14-1996 by L.L. No. 5-1996]
B. 
Every owner or occupant of premises where Village water shall be used shall, at all reasonable times and whenever, in their judgment, it shall be necessary so to do, permit authorized employees of the Village to enter any and all portions of the premises or building, where necessary, upon reasonable notice for the purpose of examining the meter, the water pipes or fixtures or the manner in which the water is used.
A. 
In case two or more parties or families are supplied with water from the same service pipe, each party so served will be considered as a separate service, and a minimum bill will be rendered for each party so served, provided that the amount of water consumed does not exceed the amount allowed each individual under minimum rate.
B. 
Notice of delinquency and/or shutoff of water service shall be given to the owner and tenant. The owner shall be responsible for all costs, including charges, penalties or fees of any kind in regard to the turn off and reinstatement of the water services.
C. 
The owner shall indemnify the Village of any claims by tenants or other persons due to the shutting off of such water services.
[Amended 8-14-1996 by L.L. No. 5-1996; 12-14-2005 by L.L. No. 10-2005]
A. 
Cross-connection between different water supplies in or on any premises receiving Village of Albion water service is prohibited. A cross-connection is an arrangement or installation of water supply pipes, fixtures or equipment which allows or may allow the transfer of water to or from the Village of Albion water service to any other water service or supply of any type whatever.
B. 
In the event that it is determined by employees of the Village that a cross-connection does exist in or on any premises, the Village water service shall be immediately terminated without notice to the owner or tenants. In addition, the owner of any premises in or upon which a cross-connection is determined to exist shall be subject to a civil penalty as set forth from time to time by the Board of Trustees.[1]
[1]
Editor's Note: See Ch. A295, Civil Penalties.
C. 
Any Village water service terminated as above provided for in Subsection B shall not be reinstated until:
(1) 
The premises have been repaired to remove the cross-connection.
(2) 
A new application for water service has been made to the Village and approved.
(3) 
The premises have been inspected by a Village employee or agent.
(4) 
All penalties due have been paid.
(5) 
All costs incurred by the Village have been paid.
D. 
A potable water supply within the Village of Albion will be supplied by a Public Water System as defined by Part 5, Subpart 5-1, of the New York State Sanitary Code. A public water supply means a community water system which supplies water to the public for human consumption through pipes or other constructed conveyances, if such system has at least five service connections or regularly serves an average of at least 25 individuals daily at least 60 days of the year.
[Amended 8-14-1996 by L.L. No. 5-1996]
The legal basis for the following program is Part 5-1.31 of the New York State Sanitary Code.
A. 
The Village of Albion will protect the public water system by containing potential contamination within the premises of the customer in the following manner:
(1) 
By requiring an approved air gap, reduced pressure zone device, double-check valve assembly or equivalent protective device according to the degree of hazard posed by the service connection.
(a) 
Service connection can be new or existing.
(b) 
The Village of Albion will determine the degree of hazard as being:
[1] 
Hazardous, which will require, as a minimum, an air gap or a reduced pressure zone.
[2] 
Aesthetically objectionable, which will require as a minimum a double-check valve assembly.
[3] 
Nonhazardous, which will require internal plumbing controls.
(2) 
By requiring the users of such connections to submit plans for the installation of protective devices to the Village of Albion.
(a) 
A fee established by the Village Board shall accompany the application.[1]
[1]
Editor's Note: A fee schedule is on file in the office of the Village Clerk.
(b) 
The installation must be designed by a licensed professional engineer or a licensed architect.
(3) 
By assuring that all protective devices be tested annually. Records of such test shall be made available to and maintained by the Village of Albion. Such test shall be conducted by certified backflow prevention testers certified by the New York State Department of Health in accordance with Subdivision 5-1.31(a)(3) of Subpart 5-131 of the State Sanitary Code. The Village of Albion will supply the needed tests for a fee established by the Village Board per unit per year.[2]
[2]
Editor's Note: A fee schedule is on file in the office of the Village Clerk.
(4) 
By making announced inspections of any customers facility.
B. 
The Village of Albion will not allow a customer to establish a separate source of water. However, if the customer justifies the need for a separate source of water, the Village of Albion shall protect the Village water system from the customer who has a separate source of water and does not pose a hazard as detailed in Subsection A in the following manner:
(1) 
By requiring the customer to regularly examine the separate water source as to its quality.
(2) 
By approving the use of only those separate water sources which are properly developed, constructed, protected and found to meet the requirements of Sections 5-1.51 and 5-1.52 of Subpart 5 of the New York State Sanitary Code.
(3) 
By filing such approvals with the state annually.
C. 
All customers of the Village of Albion shall prevent cross-connections between the potable water piping system and any other piping system within the premises.
D. 
Water service will be terminated if:
(1) 
The customer does not submit the required application for a new installation.
(2) 
After notice by the Village to an existing facility for the need for a backflow prevention device, an application is not received within 90 days or installation is not complete within 180 days.
(3) 
The customer fails to complete required annual testing.
(4) 
Test results indicate a device is not passing the required annual certification test.
(5) 
The customer refuses to allow scheduled inspection of premises to the Village of Albion.
E. 
Penalties. A civil penalty as set forth from time to time by the Board of Trustees will be levied if a backflow situation occurs.[3]
[3]
Editor's Note: See Ch. A295, Civil Penalties.
A. 
The rates charged for water provided consumers by the Village of Albion water system shall be as from time to time established by resolution of the Village of Albion Board of Trustees for the various classification of consumers.[1]
[1]
Editor's Note: The current rates are on file in the office of the Village Clerk.
B. 
Consumers shall be given one billing cycle notice of anticipated changes in the established water rates for their classification.
C. 
The schedule of reading of meters and billing shall be as from time to time established by the Village of Albion Board of Trustees by resolution.
D. 
Water rents. In addition to the charges for water herein provided for, there shall be water meter rental paid to Village with each payment for water service in such amount as from time to time is established by resolution of the Village Board.
A. 
All payments for water rental and charges, including penalties and interest, and sewer charges shall be payable in full.
B. 
A penalty of 10% will be imposed on all unpaid water bills and services after the 10th day of the month following the month of billing.
[Amended 12-14-2005 by L.L. No. 10-2005]
A. 
If a water bill is not paid after a two-month period following the period of the unpaid billing, a shutoff notice will be forwarded by regular mail to the responsible consumer. If the unpaid water fill is not paid within 20 days, commencing with the day of mailing said notice, the water supply to the premises of the delinquent consumer will be terminated. Wherever a water supply is terminated for nonpayment of a water bill, an additional charge for services, as is from time to time established by resolution of the Village Board of Trustees, payable in advance, will be imposed before water service to the premises of the delinquent consumer will be restored.
B. 
When any Village water service is terminated as above, the Code Enforcement Officer will be notified of the termination of the potable water supply. Whenever any water service is terminated for a period of 24 hours, the certificate of occupancy shall be removed and not be reinstated until:
(1) 
The premises have been inspected by the Code Enforcement Officer or agent and it is shown to meet the requirements of a certificate of occupancy.
(2) 
The provision of § 116-12 have been met.
If water service has been terminated with respect to any property or premises, be it residential or commercial, and water charges are delinquent with respect to that particular property, whether said delinquent charges are the responsibility of the owner of a nonowner consumer, water service will not be reinstated to that property until all delinquent charges have been paid in full. This provision shall not apply to or affect applications by creditworthy nonowner consumers who were not responsible for incurring the original delinquent charges unless such delinquent charges have become a lien for which the owner is responsible.
A. 
In all cases where water rents remain due and unpaid at the time the annual tax roll of the Village is made out, the same shall be included therein and levied against the real property on which the water shall have been used and shall be collected with and in the same manner as other Village taxes, with the additional charges, fees and penalties incident to the collection of such taxes and including the termination of the collection of water service for that particular property.
B. 
Upon such billings being added to the tax roll, any service to the premises shut off pursuant to § 116-11 hereof shall be restored. Costs of such restoration shall be the responsibility of occupant and owner.
[Amended 8-14-1996 by L.L. No. 5-1996]
In all instances where arrangements have been made pursuant to § 116-1 of this chapter for water rents to be chargeable to a consumer or consumers not the owner of the property where the water service is furnished and the water charges chargeable to the said nonowner consumer or consumers are in any way delinquent, water service will not be furnished at any other property chargeable to the same nonowner consumer or consumers until such delinquent charges shall have been paid in full.
[Amended 8-14-1996 by L.L. No. 5-1996]
Appearing on each water bill and each notice of termination shall be the following statement: "If disputed, you have 10 days to file a written complaint; the Clerk will give you copies of § 116-16 telling you how to proceed." Bills against which no complaints have been entered within 10 days after presentation must be paid as rendered.
A. 
Any consumer making complaint as to the correctness of water bills and claiming to be overcharged may, by applying at the office of the Water Department within 10 days after presentation of the bill, have the meter examined and the dial reread; or, by depositing a fee, as set forth from time to time by resolution of the Board of Trustees at the above office and making a written request, have the meter tested. If the meter is found to be correct or to underregister, said deposit will be retained by the Water Department as payment for testing the meter. Should the meter be found to overregister, the deposit will be returned to the complainant and proper correction made in the bill.
[Amended 8-14-1996 by L.L. No. 5-1996][1]
[1]
Editor's Note: A fee schedule is on file in the office of the Village Clerk.
B. 
The Village Clerk is hereby authorized to correct any charge so shown to be due to a fault in the meter or to incorrect reading of the dial, but shall have no power to reduce water rents for any other reason whatsoever. Bills against which no complaints have been entered within the 10 days after presentation must be paid as rendered.
A. 
If, after the procedures outline in § 116-16 above are completed, the consumer is not satisfied with the determination of Village, the consumer may, within five days of the completion of the rereading testing procedures set forth in § 116-16 above, serve a demand, in writing, for a hearing before the Water Committee of the Village Board. Within 10 days of receipt of such demand, the Committee shall set a place date and time of the hearing and shall give the complaining consumer 10 days written notice mailed by certified mail to the address to which water billings for the premises concerned in the complaint are mailed to.
B. 
The complainant shall have the right to representation and to present any statement, evidence or documents supporting his or her said claim, and the Village, by its Water Department and/or Village Clerk, shall have similar rights and obligations; and upon hearing the evidence and reviewing the matter, the Water Committee shall approve, disapprove or modify the bill or debt and adjudicate the complaint based upon the merits and advise the party within 10 days of the hearing, in writing, of the decision.
All connections for private fire protection will be sealed by the authorized Village representative. Seals must not be broken except in case of fire when a broken seal shall at once be reported to the Village office. Any seals found broken and not so reported will subject the owner of said premises to a civil penalty in an amount from time to time established by resolution of the Village Board for each offense.[1] Each day such offense is allowed to continue shall be deemed a separate offense.
[1]
Editor's Note: See Ch. A295, Civil Penalties.
No addition to or alteration in any public or private pipe, conduit or other fixture between the public water main and the individual water meter shall be made by any person, nor shall the water main be tapped or any portion of the water works system, including, but not limited to, the public hydrants and water meters, be interfered with without permission, in writing, of some person directly connected with the Water Department, nor shall any person open nor interfere with any public hydrant or tamper with or otherwise in any way interfere with any water meter without the permission of the Superintendent, the Village Board of Trustees or the Chief of the Fire Department or some other person duly authorized by such authority.
No public water supply provided by the Village of Albion for the benefit of the general public at the Village recreation area commonly known as "Bullard Park" shall be used by any individual for any purpose other than for drinking or cooking water to be utilized at Bullard Park.
Steam boilers taking water from the waterworks will be required to have tanks that will contain an ample supply of water for 10 hours in case the water is shut off for any purpose. The Village of Albion shall not be responsible for any accidents or damages should such be sustained by a violation of this rule. All houses and boilers shall be fitted with a suitable check valve to prevent accidents from collapse or damage in case the water is suddenly drawn from the mains.
The Municipal Board reserves the right to shut off the water, without notice, for alterations, extensions and repairs and to stop and restrict the supply of water whenever it may be found necessary, and the Village shall not be liable under any circumstances for a deficiency or a failure in the supply of water, whether occasioned by shutting off water to make repairs or connections or for any other unavoidable cause. The Village will make attempts, reasonable under the circumstances, to notify users affected by such shutoffs. No notice shall be required in case of an emergency determined by Superintendent of Streets or his or her designee.
The cost of any repair or replacement necessitated by damage which may have been sustained to a meter resulting from carelessness of the owner, tenant or agent of premises, or from neglect of either of them to properly secure and protect the same, as well as any damage that may result from allowing said meter to become frozen, burned or injured by hot water or steam, shall be added to the next water billing and partial payments will be accepted.
[Added 8-14-1996 by L.L. No. 5-1996]
No new or additional water meter shall be installed without prior approval by the Code Enforcement Officer of the affected plumbing. This shall not pertain to replacement meters.
[Amended 8-14-1996 by L.L. No. 5-1996]
Special contracts shall be written for consumers outside the corporate limits of the Village of Albion, New York, at rates not less than 120% of those set forth in the then current rate schedule; and in the absence of such special contracts, in addition to the rates charged such outside consumers for water consumed on their premises, each said user and, in the case of multiple parties pursuant to § 116-6, each party served and supplied with water shall be charged an additional maintenance charge of as from time to time determined by resolution of the Village Board of Trustees.[1]
[1]
Editor's Note: A fee schedule is on file at the office of the Village Clerk.
[Amended 8-14-1996 by L.L. No. 5-1996]
Unless otherwise provided in this chapter, any consumer and owner violating any of the provisions of this chapter shall forfeit and pay to the Village of Albion a civil penalty as set forth from time to time by the Board of Trustees.[1] Each day a violation to continue shall constitute a separate violation.
[1]
Editor's Note: See Ch. A295, Civil Penalties.