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.
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.
[Amended 7-16-2008 by L.L. No. 4-2008; 3-18-2020 by L.L. No. 1-2020]
A. Property owners shall be held responsible for any violations of this
chapter whether such violation is committed by the owner, his employees,
agents, tenants, or invitees.
B. Upon any violation of any of the provisions of this chapter, the
Village Clerk shall send a written notice to the owner specifically
stating the nature of the offense 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.
C. Any person committing an offense against any provision of this chapter
shall, upon conviction thereof, be guilty of a violation pursuant
to the New York State Penal Law, punishable by a fine not exceeding
$250 or by imprisonment for a term not exceeding 15 days, or by both
such fine and imprisonment. The continuation of an offense against
the provisions of this chapter shall constitute for each day the offense
is continued a separate and distinct offense.
D. In addition, or as an alternative to the above provided penalties,
the Board of Trustees may also maintain an action or proceeding in
a court of competent jurisdiction to compel compliance with or to
restrain by injunction the violation of this chapter.
E. The Board of Trustees may also, in its discretion, maintain an action
in a court of competent jurisdiction to assess and collect a civil
penalty not to exceed $200 for each violation of this chapter. The
continuation of an offense against this chapter shall constitute for
each day the offense is continued a separate and distinct violation.
F. All water rent charges not paid within 30 days of the bill date shall
be assessed a late payment fee of 10% of the unpaid billing.
G. Any water bill, civil penalty, or other charges 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.
[Added 12-17-2008 by L.L. No. 5-2008]
A. 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.
B. 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.
C. 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.
D. 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.
E. Among the factors which may be considered by the Board
in making its decision are:
(1) History of water usage by the customer.
(2) The presence of any repairs made to the plumbing system
of the premises of the customer, including service line and indoor
fixtures.
(3) The presence or absence of the customer in the premises
during the period of water usage in question.
F. 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.