[HISTORY: Adopted by the Board of Trustees of the Village of Naples 5-29-1991 by L.L. No. 2-1991. Amendments noted where applicable.]
In order to establish certain procedures and rules governing the use and maintenance of the water supply furnished by the Village of Naples and all appurtenant equipment, to provide for equitable charges for the use of said water supply and equipment, to provide for penalties for violations of established procedures, and to protect and preserve the health, safety and well-being of the citizens of the Village of Naples, the Board of Trustees of the Village of Naples hereby adopts the Village of Naples Water Use Law.
The following provisions of this chapter shall be considered a part of the contract of any person, firm or corporation who or which obtains water from the Village of Naples on or after the effective date of this chapter, and every such person, firm, or corporation shall be considered as having expressed his, her or its consent to be bound thereby.
All persons, firms or corporations desiring a water supply from the Village of Naples after the effective date of this chapter must first make a written application to the Village Clerk stating fully the various uses for which the water is to be used, the street address for which service is requested and the name and address of the owners of the premises for which service is requested. Each application shall be signed by the owner of the premises or his duly authorized agent. Upon receipt of the written application, the Village Clerk shall issue a permit to perform the work requested. If the application is for service to premises outside the Village, the application must first be approved by the Village Board. All those who receive such a permit shall employ only capable plumbers to do the work, which shall be completed in a competent, workmanlike fashion. When such work has been inspected by the Public Works Maintenance Supervisor and approved by the Village Board and is in compliance with all of the provisions of this chapter, and upon payment of all water rents and all other expenses due the Village at the office of the Village Treasurer, then the water shall be turned on at said premises.
Editor's Note: Throughout this chapter, references to the Superintendent of the Department of Public Works were amended to refer to the Public Works Maintenance Supervisor 7-16-2008 by L.L. No. 4-2008.
All expenses attending the introduction of water service from the water main to any premises within the Village must be paid by the applicant. If service is requested for premises outside the Village, the applicant shall bear all expenses attending the introduction of water service from the main.
All the expenses attending the installation of the water service or on new or discontinued service must be paid by the applicant, and the applicant will maintain the service at his own expense.
The plumber employed and designated by the owner of the premises must be considered as the agent of said owner while employed in the prosecution of the work of introducing water in said premises and will not be recognized in any sense as the agent of the Village of Naples, nor will said Village hold itself responsible for the acts of said plumber.
The work of inserting the taps, tees and connections in any water main shall be done only by persons employed by the Village under the direct supervision of the Public Works Maintenance Supervisor. All such connections and taps shall be made at the side of the main.
The owner receiving the permit for the introduction of the water service into his or her premises and the plumber doing the work will be required to cause said service to placed not less than 4 1/2 feet below the surface of the earth. Under all streets and roads all such service shall be placed not less than five feet below the surface.
The owner of the property into which water is introduced by a service pipe will be required to maintain in perfect order and repair at his own expense said service pipe and its fixtures and appurtenances from the main on into the building, including all fixtures therein provided for delivering or supplying water for any purpose, except in instances where the premises served lie outside the Village, in which cases the obligations of the owner shall extend from the water main to the building. In all cases of premises provided with water service outside the Village by a service line in excess of 200 feet, the owner shall be responsible for installing a second curb box within 50 feet of the structure on said premises at a location accessible to the Department of Public Works. In case said service and fixtures are not so kept in perfect repair, the Public Works Maintenance Supervisor or other Village employees must shut off the supply of water therefrom without notice or make necessary repairs, and the expense incurred thereby shall be levied with the next water rent.
The Village of Naples undertakes to use reasonable care and diligence to provide a constant supply of pure, wholesome water through its mains to consumers but reserves the right at any time, without notice, to shut off the water in its mains for purpose of repairs and extensions or for any other purpose, and the Village shall not be liable for the deficiency or failure in the supply of water for any cause whatsoever or for any damage caused thereby or by the bursting of any mains or service pipes or any accident to the water works, but it is the intention of the Village, when practicable, to give notice of such shutting off to the consumer, and no deduction from water bills will be made in consequence thereof.
Whenever two or more consumers are supplied by the same service pipe and water meter, the failure of the owner of the premises to pay all water rents when due or to comply with any provision of this chapter shall authorize the Village to turn the water off from said pipe unless and until all rents are paid and this chapter has been complied with.
It is understood and agreed that the Public Works Maintenance Supervisor or his designee authorized by the Board of Trustees may enter the premises of any owner at any reasonable time to examine the pipes, fixtures, meters and outlets, the quantity of water used and the manner of its use, and in case of fraudulent representation on the part of any consumer or unnecessary waste of water all payments made will be forfeited and the water supply shut off.
In case of making repairs or new construction work the Board of Trustees reserves the right to shut off the water from any consumer without notice and keep it shut off as long as it may be necessary.
The Board of Trustees reserves the right to limit the amount of water furnished to any consumer when circumstances warrant such action, although no limit is stated in the application or permit for such use, or said Board may entirely cut off the use for any manufacturing purposes or any use for supplying power at any time by giving reasonable notice to the consumer of such intended action.
The owner of the premises to which water is supplied shall be chargeable for all water taken from the Village main, and if leaks occur in the service line for which the owner is responsible as provided in Subsection F of this section, the Village Clerk, with the aid of the Public Works Maintenance Supervisor, may estimate the amount of water lost by said leaks and charge the same to the owner of the premises.
It is hereby declared to be the policy of the Village that the total costs of supplying, treating and distributing water shall be borne by the accumulative water rents and other water-related charges paid by owners of premises served by Village water and that all water rents shall be based upon the actual or estimated volume of water consumed.
In order to put the stated policy of the Village into practice, it shall be the obligation of every owner of premises served by Village water to install a water meter upon his or her premises on or before June 1, 1991. All meters shall be installed horizontally.
In addition, every owner of premises served by Village water shall install a cross-connection control device, the purpose of which shall be to prevent the flow of water which has passed through the water meter to the consumer from flowing back through the meter into the Village water system and thereby creating a risk of contaminating the system.
A double check valve or other acceptable backflow prevention device must be installed in agricultural, industrial and commercial connections or as required by New York State Department of Health regulations at the expense of the owner. The supplier of water responsibility for cross-connection controls found in Part 5 of the State Sanitary Code, Section 5-1.31 in title "Cross Connection Control" shall be a part of this chapter. The supplier of water is responsible to assure that water of questionable or unsuitable quality does not enter the public water supply system. The supplier is required to determine the degree of hazard that a facility poses to its water supply system and to require that an acceptable backflow prevention containment device be installed, tested, operated and maintained by the owner and that adequate records of maintenance and repair be kept and submitted annually to the Public Works Maintenance Supervisor. The owner has the primary responsibility of preventing contaminants from entering the potable water piping system and, subsequently, the public water supply. The owner shall, as required by the supplier of water per Part 5, Section 5-1.31(A) and (B), install, test, operate, maintain and keep adequate maintenance and repair records for every backflow prevention device installed to provide containment. Additionally, as stated in Part 5, Section 5-1.31(C) the owner shall prevent cross-connections between the potable water piping system and any other piping system within his facility.
Editor's Note: See 10 NYCRR 5-1.31.
Cross-connection control device. The Public Works Maintenance Supervisor may at any reasonable time inspect any building in order to determine if a hazard exists due to an actual or potential source of contamination. In any case where the Supervisor deems such hazard to exist, he may require the property owner to install a cross-connection control device. Such cross-connection control device shall be designed and installed in accordance with regulations of the New York State Department of Health and the Village specifications and must be approved by the Supervisor prior to installation.
Cross-connection hazard. The types of facilities which are deemed likely to pose cross-connection hazards are those which are described in the Cross-Control Connection Guidelines as promulgated from time to time by the New York State Department of Health.
Enforcement. If a required backflow preventer is not installed within the period of time set by the Public Works Maintenance Supervisor, the supply of water to the premises may be shut off by the Village until the installation is completed. The property owner shall cause all backflow prevention devices to be tested and certified annually and shall submit annual test reports to the Public Works Maintenance Supervisor.
Each water meter, including remote measuring reader, connectors, wires and other appurtenances, together with cross-connection control devices, shall be as specified by the Village as to make and model. No other equipment shall be installed without the written consent of the Public Works Maintenance Supervisor. All such equipment shall be the property of the owner, subject to the supervision and inspection of the Village as provided by this chapter.
The cost of each water meter, remote measuring reader, connectors, wires, cross-control connection devices and appurtenances shall be the expense of the owner. The cost of any equipment made available by the Village if not paid when the equipment is acquired shall be included in the next water rent and shall be collected as additional rent.
All of the equipment referred to in Subsection B(1) shall be installed at the owner's expense by a plumber or contractor of the owner's choosing. The installation of all such equipment shall be done in accordance with the specifications prepared by the Public Works Maintenance Supervisor, copies of which shall be available at the office of the Village Clerk and the office of the Public Works Maintenance Supervisor.
The installation of the equipment will not be deemed complete and the water will not be turned back on until an inspection and approval have been made by the Department of Public Works.
All meters shall be sealed and shall be under the exclusive control and jurisdiction of the Department of Public Works. No persons shall tamper with, unseal, or disconnect a water meter from service after it has been approved by the Department of Public Works.
The owner of the premises shall provide a suitable place for the meter, which shall be on the interior of the building, unless in the discretion of the Public Works Maintenance Supervisor such placement is impractical.
The cost of all repair, replacement, parts and labor resulting from any damage which the meter may sustain by the carelessness of the owner, or from the failure or neglect to properly protect and maintain the same, or from negligence, as well as any damage which may result from allowing the meter to become frozen or to be injured by hot water or steam settling back from a boiler, plus the charge of $50 for disconnection and resetting the same, shall be paid by the owner and shall be collected with the next water bill.
[Amended 7-16-2008 by L.L. No. 4-2008]
All defects or claims of defects in water meters shall be immediately reported to the Supervisor or to the Village Clerk. If the owner questions the accuracy of the water meter, the meter shall be tested by the Village. If the meter registers between 98% and 102% of accuracy, or if the meter is registering slow, the expense of the testing shall be paid by the owner and collected with the next water bill. If the meter registers fast, outside the above limits, the expense of testing shall be paid by the Village and the water bill will be adjusted accordingly. Adjustments for improper registering or failure to register shall be made by the Public Works Maintenance Supervisor, limited to one quarter's water bill, and when based upon reasonable facts and estimates shall be binding and conclusive on the owner and on the Village.
Every service line extending from the main to the property to be served shall be equipped with a water meter and a cross-connection control device (backflow prevention device). No connection or service line shall be permitted between the main and the water meter or cross-connection control device.
[Added 6-7-1996 by L.L. No. 1-1996]
Editor's Note: Original Art. VI, Implementation, which immediately followed this section, was deleted 7-16-2008 by L.L. No. 4-2008.
All water rents charged to owners under the provisions of this chapter shall be set from time to time by the Village Board by resolution.
The water rent schedule adopted by the Village Board shall be filed with the Village Clerk, together with notification of the effective date of the new schedule.
Billings will be rendered quarterly by the Village Clerk. Bills are payable at the office of the Village Clerk and no partial payments shall be accepted by the Clerk.
The Village shall be responsible for having each meter read on a quarterly basis, and each owner is deemed to have given his consent for the Village or its employees or agents to go upon or in his or her premises at any reasonable time and upon reasonable notice for the purpose of reading the water meter.
Each service line shall be served by only one water meter. In the event that more than one family uses water at a particular property, it shall be the responsibility of the owner of the property to allocate each person's or family's proportionate cost of the total water bill. Such allocation may be done by the installation of individual meters at the owner's expense, in sequence after the single meter required by this chapter. The Village shall have no responsibilities with respect to these individual meters.
No later than June 1, 1991, each single-family residence, business property, mobile home park, multiple-family dwelling, apartment building, school or church served by Village water shall be required to have its own separate waterline and curb box. In the event that a new curb box and service line need to be installed, it shall be done at the expense of the owner requiring the new line and curb box. For the purposes of this section, the owner of the premises closest to the curb box serving more than one property or structure shall be deemed its owner, and all others served by said curb box and line shall be required to install a new curb box and line.
Any consumer wishing to discontinue the use of water supply from the water system must give written notice thereof at the Village Clerk's office, and he will be charged with the use until such notice is given.
Whenever water has been turned off by the officers or agents of the Village for nonpayment of water rents or for the purpose of repair or construction or for any other necessary or proper reasons, no person will be permitted to turn the same on again who is not duly authorized so to do by the Board of Trustees, and when water is turned off for the nonpayment of rents or for violation of any rule, regulation or ordinance, it shall not be turned on again until the party in default shall pay all water rents due and the amount of all penalties which may be imposed by this chapter or by resolution of the Board of Trustees.
The Village will not turn off water to a property which is occupied unless 30 days' written notice of the shutoff date has been given to the occupant by the owner of the property or his authorized agent and proof of service of the notice has been given to the Village Clerk.
[Added 6-7-1996 by L.L. No. 1-1996]
No person or persons are permitted to open any fire plugs or hydrants or to draw water therefrom except by permission of and under the direction of the Public Works Maintenance Supervisor, and also excepting that the Chief of the Fire Department, his assistants, and officers and members of the Department are authorized to use the hydrant and plugs for the purpose of extinguishing fires, hose or Department materials or making trials of the engine or hose of the Department, but all such uses shall be under the supervision and direction of the Chief of the Fire Department and his assistants and in no event will any inexperienced and incompetent person be allowed to control or manipulate in any way any hydrant, plug or other fixture.
No person or persons, except the Public Works Maintenance Supervisor or those persons acting under the direction of the Board of Trustees, shall open or close any valve or gauge in the street mains or molest or interfere with the same in any manner whatsoever.
Where service lines now installed or which may hereafter be installed are not a sufficient depth to prevent freezing, the Department of Public Works may require the customer to lower the service at his own cost and expense a sufficient depth to prevent freezing and not less than 4 1/2 feet and not less than five feet under streets and roads, and upon failure or neglect so to do the Village may discontinue said service.
The Village shall not be responsible for the thawing and repair of any frozen service lines.
Property owners shall be held responsible for any violations of this chapter, whether such violation is committed by the owner, his employees, agents or tenants.
Upon any violation of any provision of this chapter, the Village Clerk shall send a written notice to the owner specifically stating the nature of the violation and the section(s) of this chapter with which the owner is not in compliance. If within 10 calendar days the violation is not corrected, service may be disconnected and shall be restored only upon payment to the Village of a service fee of $100.
[Amended 7-16-2008 by L.L. No. 4-2008]
All payments not made within 30 calendar days of the bill date shall be assessed a late payment fee of 10% of the unpaid billing.
Any water bill or other charge assessed under this chapter which is not paid by March 31 shall be certified as unpaid by the Village Clerk to the Village Treasurer and shall be levied with the next Village tax billing, together with such other penalties or charges which may be assessed by the County of Ontario.
§ 372-13 Procedure for contesting accuracy of water rent bill or notice of termination of water supply.
[Added 12-17-2008 by L.L. No. 5-2008]
Any aggrieved customer who wishes to contest the accuracy of any bill for water rent or any notice of termination of water supply shall request an informal hearing before the Village Board of Trustees. Such request shall be made in writing and shall be mailed or delivered to the Village Clerk within 15 days of the delivery of the bill or notice.
The hearing shall be held at the next regular meeting of the Board of Trustees after delivery of the request to the Village Clerk, or at another regular meeting as agreed upon by the customer and the Board. The decision of the Board of Trustees shall be made within 10 days of the hearing, and a written summary thereof shall be delivered or mailed to the customer within three days of the decision.
The customer seeking relief shall personally appear at the hearing and shall present whatever evidence he or she has in support of the claim for relief. The customer should be prepared to answer all questions posed by the Board of Trustees or appropriate Village employee.
No relief may be granted to a customer unless the customer has shown to the satisfaction of a majority of the Board of Trustees that the water bill is erroneous either by reason of measurement or in mathematical calculation.
Among the factors which may be considered by the Board in making its decision are:
If a majority of the Board of Trustees finds that a customer is entitled to relief, the Board may forgive the outstanding bill in whole or in part, including penalties for late payment, may allow the unpaid bill to be paid in installments, or may fashion any other remedy which the Board believes to be fair under the circumstances.