[Adopted 2-11-2002]
A.
Water permit required. No person purchasing and hauling
water from the Oswego City Water Department, in self-contained containers
more than 200 gallons, shall transport any water over the streets
of the City without having first obtained a water hauling permit from
the City Clerk.
B.
Application for water permit. A hauler's application
for a hauling permit shall be in writing and shall contain such information
as the Common Council shall require and shall be verified by the applicant.
Applications for a water hauling permit shall be obtained at the office
of the City Clerk on forms provided by said office. The applicant
shall file with his application a certificate or affidavit of insurance
as hereinafter set forth and shall pay the required water hauling
permit fee. Upon receipt of such application properly executed, the
City Clerk shall refer the same to the Oswego City Police Department
for a background check before issuing the water hauling permit and
personal identification badge. Upon receiving the water hauling permit,
the permit will be displayed in a conspicuous place on the driver's
side window of each hauler.
(1)
Permit applicants with outstanding violations or unpaid monies.
(a)
No such permit shall be granted to or renewed for an applicant who
is in violation of any City of Oswego code, ordinance or local law
(hereinafter "violations") or who owes property taxes, water or sewer
fees, special assessments, fines for violations of City ordinances
or any other fees or past due monies of any name or nature owed to
the City of Oswego (hereinafter "unpaid monies").
[Added 2-9-2015 by L.L.
No. 2-2015; amended 8-14-2015 by L.L. No. 6-2015]
[1]
The applicant shall have the burden of providing proof in a
form acceptable to the department that there are no such violations
or unpaid monies.
[2]
In the event that the applicant has accrued violations or unpaid
monies, such permit or renewal thereof shall be denied regardless
of whether such violations or unpaid monies relate to a parcel of
real property for which the application is made or another parcel
owned by applicant or are personal to the applicant.
[3]
In the event that the applicant has accrued violations or unpaid
monies, such permit or renewal thereof shall be denied regardless
of whether such violations or unpaid monies occurred or accrued before
the effective date of this local law.
[4]
Such permit, once granted, shall be revoked in the event that
the applicant accrues violations or unpaid monies, or violations or
unpaid monies are discovered, after the permit is granted. The revocation
shall take effect five business days after receipt by the permit holder
of notice from the City of Oswego of the pending revocation. Upon
such revocation, all permitted activities and privileges shall immediately
cease.
[5]
No application fees shall be refunded upon revocation of the
permit.
[6]
The applicant must reapply for the issuance of such revoked
permit by submitting a new application and paying all necessary application
fees, and any such permitted activities or privileges may only be
resumed once a new permit has been granted.
[7]
All requirements set forth herein shall also apply to nonperson
entities and such permit or renewal thereof shall be denied to an
entity, or revoked, if a person with a substantial interest in such
entity owes such unpaid monies or has accrued such violations. A "person
with a substantial interest" shall mean an ownership interest of more
than 10% of, membership on the governing board of, holding an office
in or holding the ability to cast or control more than 10% of the
votes in such entity.
(b)
Notwithstanding the provisions contained in this section to
the contrary, when in the opinion of the Director of Code Enforcement
the issuance of a permit is necessary to prevent harm to life, safety,
or the general welfare of the public, the Director of Code Enforcement
shall be authorized to issue said permit for the sole and exclusive
purpose of bringing such violations into compliance with the Code
of the City of Oswego. Nothing contained herein shall relieve the
property owner from complying with all other applicable sections of
the Code including, without limitation, the provisions contained in
this section.
[Added 4-10-2017 by L.L.
No. 2-2017]
C.
Renewal. On or before December 31 of each and every
year hereafter, the water permit shall be renewed by each water hauler.
In the event the water permit is not renewed on or before December
31 of each year, the hauler will be suspended from hauling water within
the City limits until the permit fee is paid.
D.
Permit fee. Each water hauler shall be required to
pay a permit fee of $200 for the first truck and $100 for each additional
truck owned by a water hauling company, and a further fee of $25 for
each additional driver or hauler owned by any water hauler company
or used by any water hauler company in its water hauling operations,
for the personal identification badge. Every year, the permit fee
and i.d. badge fee shall be adjusted pursuant to the consumer price
index. In the event of an increase in the fees, each water hauler
shall be given notice of the increase.
E.
Insurance. The certificate or affidavit to be filed
with the application shall be executed by the representatives of a
duly qualified insurance company evidencing that said insurance company
has issued liability and property damage insurance policies covering
the following:
(1)
All operations of the applicant, or any other person,
firm or corporation employed by him/her within the corporate limits
of the City of Oswego;
(2)
Protecting the public and any person from injuries
or damages sustained by reason of carrying on the work of hauling
water;
(3)
The certificate of affidavit shall specifically evidence
the following amounts of insurance coverage, which shall remain in
effect for the term of the license, and shall provide that written
notice shall be given to the City Clerk 30 days prior to any change
in the conditions of the certificate or any expiration or cancellation
thereof;
F.
Issuance of duplicate permits and/or i.d. badges.
Whenever proof by means of a sworn affidavit shall be submitted to
the City Clerk that a permit issued for the purpose set forth in this
section has been lost or destroyed, the City Clerk may, upon payment
of $5 by the applicant, issue a new permit in lieu of the one that
has been lost and/or destroyed. In the event the i.d. badge has been
lost or destroyed, upon a sworn affidavit submitted to the City Police,
the City Police, upon payment of $5 by the applicant, issue a new
i.d. badge in lieu of the one that has been lost and/or destroyed.
G.
Permit not transferable. No permit issued under this
section provisions shall be transferable.
H.
Revocation of permit. Upon receipt of one or more
complaints against a hauler, the Common Council, after a hearing,
shall have the power to suspend or revoke a permit granted or renewed
pursuant to this section for violation of any part of this section
or any applicable rules, regulations, codes or ordinances relating
to the hauling of water.
I.
Health permits. All water hauling companies and/or
individuals authorized to haul water shall file, at the time of application,
a certificate or permit issued by the Oswego County Health Department
authorization to be a reseller of water.
J.
Fees. The Water Department shall bill each water hauler
monthly for the water consumption at the rate of $8 per 1,000 gallons.
This rate is to be adjusted annually pursuant to the consumer price
index.
K.
Nonpayment of monthly charges. In the event any water
hauler is more than 60 days in arrears in the monthly water consumption
bill, then said water hauler's permit shall be suspended until the
arrears are paid in full.
L.
Penalties for offenses.
(1)
Any hauler who violates any provision of this section
or fails to comply with the orders of the local Police Department
shall be liable for a fine not exceeding $500 for a single violation
or a failure.
(2)
Any other person who violates any provision of this
section or fails to comply with the order of the local Police Department
shall be liable to a fine not exceeding $100 for a single violation
or failure.
M.
Severability. Should any section, paragraph, sentence,
clause or phrase in this section be declared unconstitutional or invalid
for any reason, the remainder of the section shall not be affected
thereby and shall remain in full force and effect, and to this end
the provisions of this section are declared to be severable.
