There shall be in the City of Albany a department
known as the "Department of Water and Water Supply."
There shall be appointed by the Mayor a Commissioner
of Water and Water Supply, who shall be the head of the Department
of Water and Water Supply.
The appointment of the Commissioner of Water
and Water Supply shall be evidenced by a certificate in writing signed
by the Mayor and filed forthwith in the office of the City Clerk.
The Commissioner, the Deputy Commissioner and
such other persons as the Commissioner shall designate, before entering
upon the discharge of the duties of their respective offices, shall
each execute and file with the City Clerk an official undertaking
in the penal sum of $5,000.
The Commissioner of Water and Water Supply shall
have cognizance, direction and control of the construction, maintenance,
extension, repair and care of the City water supply and waterworks;
and the supervision, care, management and control of the Water Department,
water supply and waterworks system of the City. It shall be the duty
of the Commissioner of Water and Water Supply to see that the City
has an abundant supply of pure and wholesome water for public and
private use; to devise plans and sources of water supply; to plan
and supervise the construction, maintenance and extension of the water
system and the distribution of water throughout the City; to protect
it from contamination; and to prescribe rules and regulations for
its use, which, when ratified and approved by the Common Council,
shall have the same force and effect as City ordinances. He shall
have power, with the assent of the Board of Estimate and Apportionment,
to establish rates of rents to be charged and paid annually for the
supply of water or for the benefits resulting therefrom, to be called
"water rents," which shall be apportioned to the different classes
of buildings in the City in reference to their dimensions and the
ordinary uses of water for the same and to different lots, as may
be practicable; and, from time to time, to modify and amend, increase
or diminish such rates and to extend them to other descriptions of
buildings, lots, establishments and uses. He shall also have power,
with like assent, to establish rates for the use of water in buildings,
establishments or trades and for other purposes in or for which water
is consumed beyond the quantity required for ordinary purposes, and
may require the same paid to him in advance, at the rates thus established,
before permission to use such extra quantity of water shall be given.
[Amended 6-20-1988 by L.L. No. 4-1988]
A. All charges for water consumption shall be collected
from the owners of the lots and buildings which shall be situated
upon any street or avenue upon which the distributing pipes are now
or may hereafter be laid and from which such lots and buildings can
be supplied with water. Charges for water consumption, together with
the amounts due and unpaid for the introduction and measurement of
the supply of water, shall be, like other taxes of the City, a lien
upon the lots and buildings against which the same are chargeable.
B. Bills.
[Amended 4-6-1998 by Ord. No. 19.31.98]
(1) The Water Board and/or the Commissioner of Water and
Water Supply shall periodically cause bills for water consumption
and sewer charges to be sent to the owners of such lots and buildings
in the City. Such bill shall contain a statement that a publication
containing procedures for contesting a water bill is available at
the City Clerk's office.
(2) Complaints with respect to water bills must be filed
with the City Clerk within 30 days of the date of the bill on a complaint
form available from the City Clerk.
(3) The Water Bill Review Committee is hereby constituted
to hear and determine complaints with respect to water bills, subject
to confirmation by the Water Board. The Committee shall be comprised
of the City Clerk, who shall chair the Committee, the Corporation
Counsel (or his designee), the City Engineer and a representative
of the Water Department. Upon receipt of a complaint with respect
to a water bill, the City Clerk shall notify the Committee, which
shall fix the place and time for a meeting to hear the complaint.
At such meeting the Committee may administer oaths, take testimony
and hear proofs in regard to any complaint. After such hearing and
consideration of the evidence presented, the Committee may, by said
resolution at a hearing or at a subsequent hearing, review and correct
such bills or any or either of them. After such review and correction
by the Committee, the City Clerk shall cause a copy of such resolution
to be sent to the Water Board for its review and confirmation. Upon
confirmation by the Water Board, the Commissioner of Water and Water
Supply and/or the Water Board shall cause a revised bill, reflecting
any corrections recommended by the Committee and the Water Board,
to be mailed to the owner(s) of the respective property.
(4) The Water Bill Review Committee is hereby directed
and empowered to adopt rules and regulations governing the procedure
and conduct of hearings herein authorized and to promulgate a written
complaint form.
C. Charges for water consumption and sewer rents shall
be collected in the same manner as is or may be prescribed by law
for the collection of taxes for City purposes of the City of Albany.
The aforesaid charges shall be a lien upon the lot and building, or
vacant lot upon or against which the same is charged, and the same
may be sold separately or in conjunction with the sale for the nonpayment
of taxes upon the same, and the deed given upon such sale or upon
any sale for or including unpaid water charges or sewer rents shall
be prima facie evidence of the regularity and legality of all proceedings
prior to the execution of said deed. Owners, occupants or other persons
shall have the same right to redeem property sold by the county for
the nonpayment of water charges and sewer rents as they respectively
have to redeem property sold for the nonpayment of taxes.
D. In addition to the method authorized herein for the
collection of water charges, the Commissioner of Water and Water Supply
is hereby given power and authority to discontinue or disconnect the
supply of water for the nonpayment of water charges, in the event
that such water charges remain unpaid for a period of three months
after the same have been delivered by the City Treasurer of the City
of Albany to the County of Albany for collection by the latter agency.
E. The Commissioner of Water and Water Supply shall not
discontinue or disconnect the supply of water for nonpayment of water
charges unless such Commissioner shall have first given 15 days' written
notice of his intention so to do by registered mail and/or personal
service of said notice to the owner of the premises thereby 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 Commissioner has received payment therefor, and to the superintendent
or other person in charge of the building or premises thereby affected,
if it can be readily ascertained that there is such superintendent
or other person in charge. If the premises consist of a multiple dwelling
or tenement house occupied or intended to be occupied by more than
two families, living independently of each other, a like notice shall
first be given to the occupants thereof by posting a copy of such
notice in the public hallway or corridor on each floor of said premises.
For the purpose of posting the notices provided for herein, the duly
authorized employee or employees of the Department of Water and Water
Supply shall have the right to enter upon the premises affected at
a reasonable time during the house between 9:00 a.m. and 4:00 p.m.
This article shall be known as "Local Law No.
2-1935" and is intended to supersede Sections 94 and 95 of Chapter
55 of the Laws of 1909, which constitutes Chapter 53 of the Consolidated
Laws of the State of New York and is known as the "Second Class Cities
Law." This article amends Chapter 555 of the Laws of 1897. This article
also amends Section 91 of Chapter 55 of the Laws of 1909, which constitutes
Chapter 53 of the Consolidated Laws of the State of New York and is
known as the "Second Class Cities Law" in that the cognizance, direction
and control of the construction, maintenance, extension, repair and
care of the City water works is transferred from the Commissioner
of Public Works of the City of Albany to the Commissioner of Water
and Water Supply of the City of Albany.