[Adopted 9-12-1983 by L.L. No. 8-1983]
There currently exists a water supply emergency
because the groundwater on the eastern side of Lake Carmel, Putnam
County, New York, servicing 110 homes, is now contaminated. There
is an imminent threat to public health caused by this contamination.
The Supervisor of the Town of Kent has made application to the Federal
Department of Housing and Urban Development for a one-time grant,
and the federal government will pay for the purchase and installation
of 110 whole-house treatment systems for the affected residents. The
Town of Kent will maintain ownership over these 110 whole-house treatment
systems.
It is the purpose of this article to authorize
the Town of Kent to enter into written agreements with the 110 homeowners
who are intended to be recipients of the whole-house treatment systems.
The Town reserves the right to assign these written agreements to
a not-for-profit corporation formed by the homeowners or to a water
quality treatment district, should one be created.
A written agreement to be entered into between
the Town of Kent and the individual homeowners shall provide as follows:
A.
That the Town of Kent shall remain the owner of the
whole-house treatment system and that the whole-house treatment system
shall remain with the home, since the purpose of its installation
is to provide treatment for the water supply to that home.
B.
The homeowner will agree to permit the installation
and agrees to pay at the time of the installation 1/4 of the estimated
annual maintenance fee for the operation and maintenance of the whole-house
treatment system. The homeowner agrees to pay 1/4 of the annual maintenance
fee at the end of three months from the time of installation; and
1/4 of the annual maintenance fee six months from the date of installation;
and 1/4 of the annual maintenance fee nine months from the date of
installation. Thereafter, the homeowner agrees to pay 1/4 of the annual
maintenance fee every three months thereafter.
C.
The owner agrees to keep the whole-house treatment
system in operating condition and further agrees not to damage the
whole-house treatment system in any way. In the event that the whole-house
treatment system fails to operate, it is the duty of the owner to
inform the Town or the designated agents and to permit either the
Town or the designated agents to enter upon the owner's property for
the purpose of repairing the whole-house treatment system.
D.
The homeowner will grant the Town an easement, which
easement the Town may assign to a not-for-profit corporation or to
a water quality treatment district. The easement will authorize the
Town to enter upon the homeowner's property for the purpose of maintaining
the unit and will authorize the Town to remove the unit in the event
that the payments for operation and maintenance are not made by the
homeowner.
E.
If permitted by law, the unpaid operation and maintenance
costs of each individual homeowner will be added to the real property
tax, and nonpayment will be enforced by tax sale. If the homeowner
fails to pay the annual maintenance fee as set forth above, the homeowner
consents to the removal of the whole-house treatment system. In the
event that the homeowner refuses to permit the Town to enter upon
the property of the homeowner, the written agreement between the Town
and the homeowner will provide that the Town can commence a summary
proceeding in Justice Court for the return of the whole house treatment
system, and both the Town and the homeowner will waive any right to
a jury trial.
F.
The easement as enumerated above shall also permit
the Town or its designated agents to enter periodically upon the property
for the purpose of testing of raw and finished water from each private
well serviced by a whole-house treatment system.
In light of the health emergency, the nature
of which this article is intended to remedy, and the imminent threat
to public health, this article takes effect immediately.
