[HISTORY: Adopted by the Common Council of City of North Tonawanda 2-20-1979.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Charter provisions — See Charter Title XVI.
Building — See Ch. 69.
Sewers — See Ch. 75.
[1]
Editor's Note: This ordinance also repealed former Ch. 98, Water, adopted as follows Art. I, Service Connections, 9-30-1965, Art. II, Water Moters, 3-28-1949; and Art. III, Water Rates, 3-19-1962.
As used in this chapter, the following words shall have the meanings indicated:
CONSUMER
A. 
The party contracting for service to a property classified as follows:
(1) 
A building under one roof owned by one party and occupied as one business or residence.
(2) 
A combination of buildings owned by one party in one common enclosure and occupied by one family or business.
(3) 
A building owned by one party, having a number of apartments or offices and using one common hall and one or more means of entrance.
B. 
Wherever there is a separate tenant or a separate business on any property, each tenant and each different type of business shall be treated and regarded as separate "consumers," subject to the minimum schedule of rates. However, there shall be not more than one meter per service line.
C. 
Each "consumer" will be supplied through a separate meter wherever practical, except in the case of Subsection A(3) as above defined. Should the owner desire that the city deal with the tenant, in the case of Subsection A(3), he must first provide means of controlling the supply and housing the metering device for each tenant, the controlling devices shall be outside of the building, and the measuring devices or meter shall be properly housed either outside or within the building.
[Added 3-5-2004]
A. 
Every dwelling, house or other building, including industrial and commercial property, requiring the use of water must be supplied from the water mains of the North Tonawanda Water Department through a separate service, provided that there is a permanent water main immediately in front, rear or on either side of the premises.
B. 
If no main is existent in the manner described, a temporary service main may be laid from and connected to the nearest available water main until a permanent water main is installed, when such service must be disconnected from the temporary source and reconnected to the permanent water main within 30 days from the date that water is available in the permanent main. Such disconnection and reconnection shall be made by and at the expense of the owner of the premises supplied.
C. 
The use of water is permitted subject to such conditions or reservations as the Water Department may consider reasonable. The Water Department Superintendent reserves the right to restrict or prohibit use of water if water supply conditions so require.
[Amended 9-19-2023]
A. 
Water service at any time is furnished only in accord with the currently prevailing rates, rules and regulations of the Water Department, which are made a part of every application, contract, agreement or license entered into between the property owner or consumer and the Water Department. Any future modification of rates, rules or regulations shall apply to those who are receiving service at the time such amendments or modifications may be adopted by the Water Department.
B. 
The Water Department has the authority to change or amend from time to time its rules and regulations and the rates for the use of water with the approval of the Common Council of the City of North Tonawanda.
C. 
The City of North Tonawanda and/or the Water Department shall not be liable for any damage resulting from leaks, broken pipes or from any other cause occurring to or within or without any house or building, and it is expressly stipulated by and between the Water Department and the consumer that no claim shall be made against said City of North Tonawanda and/or the Water Department on account of the bursting or breaking of any main or service pipe or any attachment to said waterworks.
D. 
The City of North Tonawanda and/or the Water Department shall not be liable for any deficiency or failure in the supply when occasioned by shutting off water to make repairs or connections or failure from any cause beyond control.
E. 
The Water Department has the authority to restrict the supply of water whenever the public welfare may require it, as the Water Department may determine. The city and the Water Department make no guaranty as to the amount or consistency of pressure or volume of the water it furnishes and will not under any circumstances be responsible for any loss or damage from any excess, efficiency or variation in the pressure, volume or supply of water or for loss or damage caused by water escaping from or obstructions in a service line due to frost or any other cause or for any loss or damage as a result of water escaping from laterals, fixtures, appliances or pipes owned by consumers.
F. 
No connection or outlets will be permitted on the service pipe or pipes supplying any premises between the street main and the meter. All water used must pass through the meter (new connections).
G. 
No water will be furnished to any premises where any possibility exists of the mingling of the water furnished by the Water Department with water from any other source, nor will the Water Department permit its mains or service pipe to be connected in any way to any piping, tank, vat or other apparatus containing liquids, chemicals or any other matter which may flow back into the Water Department's service pipes or mains and consequently endanger the water supply. An exception may be made to this rule at the option of the Water Department, provided that proper safeguards are installed, which shall be inspected and have the approval of the Water Department, insurance underwriters and the State Board of Health.
H. 
All water passing through a meter shall be charged for at the regular rate, and no allowance will be made for excessive consumption due to leaks or waste.
I. 
At any premises, water must be turned off or on by a plumber licensed in North Tonawanda who has obtained the proper permit. In the case of emergency deemed by the Water Superintendent, a representative of the Water Department may turn off the water. Costs for time and materials associated with emergency repairs by the City shall be discussed with and billed to the property owner.
[Amended 9-16-2009; 10-4-2016; 9-19-2023]
J. 
The Water Department Inspector, meter reader or other properly authorized representative shall have access, at all reasonable hours, to the premises supplied for the purpose of setting, reading, repairing or removing meters or for making necessary repairs. Replacement of meters shall be at the discretion of the Water Department. If access to the premises is not made available, a nonrefundable fee of $50 per month will be charged until access is granted.
[Amended 9-16-2009; 12-15-2009; 9-19-2023]
K. 
The Water Department will presume service is being rendered from the time water is turned on upon request of a consumer, until the consumer gives notice to the Water Department to discontinue the service, and charges will be made accordingly.
L. 
The consumer will not be permitted to supply water to any premises other than that mentioned in the application, agreement or contract without permission from the Water Department.
M. 
The Water Department has the right to shut off the water in the mains at any time for the purpose of making repairs or extensions or for other necessary purposes and will give due notice except in cases of breaks and emergencies. The Water Department will not be responsible for damages resulting directly or indirectly from any interruption of the water supply. In cases where boilers or other appliances in a premises depend upon the pressure in the service line to keep them supplied with the water, the owner, occupant or consumer shall place suitable safety devices to guard against the possibility of collapse or explosion when the water supply is interrupted. Likewise, such owner, occupant or consumer shall protect water-cooled compressors for refrigeration systems by means of high-pressure safety cutout devices and shall provide means for the prevention of the transmission of water hammer or noise of operation of any valve or appliance through his piping to any adjacent premises. Failure of the owner, occupant or consumer to provide such safety devices shall in no way make the city responsible for any resulting damage.
N. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection N, regarding a charge for turning off and renewal of water service after disconnection for nonpayment or violation of the rule and regulations of the Water Department, was repealed 9-16-2009.
O. 
Parties desiring a small amount of water or service for a short time, or where rendering of such service will require the attention of an employee of the Water Department, will be charged. Turning water on will be charged at the cost of employees and what they do. Service calls at night and on days off that are not the Water Department's responsibility: a charge will be for all time, product and equipment used, and will be billed within the first water bill rendered after the service.
[Amended 3-21-1989; 9-16-2009]
P. 
Contractors desiring water for building purposes will be required to make application for same with the Water Department. Such water service shall be at the flat rate of $25 minimum quarterly meter charge, to be assessed to each builder at the time of application for a building permit.
[Amended 9-16-2009]
Q. 
Water service of any class may be discontinued for a violation of any provision of the application or contract or any rule or regulation of the Water Department.
R. 
Emergency service may be furnished temporarily at the discretion of the Water Department in any case not covered under the above schedule of rates in the manner and at a charge to be determined by the Water Department. The Water Department shall determine the charges and rates in special cases to cover unusual conditions or types of service not contemplated in these rules and regulations or in the rates and charges set by the Water Department for regular service.
A. 
Service under an application may be discontinued for any of the following reasons or as in § 98-2R above.
(1) 
For misrepresentation in an application as to property or fixtures to be supplied or the use to be made of the water supply.
(2) 
For the use of water for any other property or purpose than that described in the application.
(3) 
For waste of water through improper or imperfect pipes, fixtures or otherwise.
(4) 
For failure to maintain connection, service lines or fixtures beyond the curb and owned by the applicant in good order.
(5) 
For molesting any service pipe, meter, curb stop, seal, valves or any other appliance of the Water Department.
(6) 
In case of vacancy of the premises.
(7) 
For violation of any rules and regulations of the Water Department.
(8) 
For neglecting to make payment of any charges against the property.
(9) 
For refusal of access to property for the purpose of inspecting or for reading, caring for or removing meters.
(10) 
The Water Department shall have the right to cut off the water without notice in case of breakdowns or for other unavoidable causes or for the purpose of making necessary repairs, connections, etc. Reasonable notice will be given when practicable. In no case shall the City of North Tonawanda or the Water Department be liable for any damage or inconvenience suffered.
B. 
Where either hand excavation or excavating machines are used by contractors or others in digging trenches for sewers, drains, gas mains and conduits or in connection with any other underground excavation work, all water mains shall be maintained in position or others working in the public street must ascertain for themselves the location of all water service connection pipes. Where they are removed, cut or damaged in the construction or repair of a sewer, drain, gas main or conduit or in connection with any other underground excavation work, such person or contractor must, at his own expense, cause them to be replaced or repaired, and he must, at once, notify the Water Department of the interruption of service and must reimburse the Department for any expense to it in providing temporary service and in restoring regular service.
All persons are forbidden to open any fire hydrant or to use any water therefrom for sprinkling streets, for building or for any purpose without permission in writing from the Water Department, under the penalty described by law, except in case of fire and by the Fire Department to test the hydrants. Such tests shall be performed directly under the supervision of any authorized agent of the Water Department. If a property owner or other party desires a change in the location of a fire hydrant, he shall bear all costs of such change. Any change in location of a fire hydrant must be approved by the Fire Department and the work done by the Water Department.
The City of North Tonawanda and/or Water Department shall be under no obligation at any time to make any extensions of its then existing waterlines, but may do so upon written request of one or more prospective consumers, either wholly or partly at the expense of said consumer or consumers and in conformity with New York State law.
[Amended 3-21-1989; 9-16-2009; 10-4-2016; 8-15-2017]
A. 
All City-owned meters are tested for accuracy of registration at flow rates and test flow quantities in accordance with the American Water Works Association Standard C705 before installation.
B. 
A City-owned meter may be tested at the request of a property owner. If the test reveals that the meter is not within the limits of accuracy according to the standards of the American Water Works Association, the meter shall be replaced at no charge to the owner and there shall be no charge for the test. A fee of $100 will be charged if the City meter is found to be within the limits of accuracy. The property owner shall be billed for meter testing within the first water bill rendered after the date of such test.
[Amended 9-19-2023]
C. 
To ensure reliable meter measurements, all privately owned meters that have been installed for less than 30 years must be tested periodically and must comply with American Water Works Association Standard C705. A meter installed for 30 years or more is ineligible for testing and must be replaced. A test certificate must be filed with the Water Department. The meter test frequency is determined by meter size.
D. 
Meter test schedule:
Meter Size
(inches)
Years between Tests
3/4
8
1
6
1 1/4
5
1 1/2
4
2
4
3
3
4
2
6
1
E. 
The City of North Tonawanda reserves the right to require that any water meter test is witnessed by the Plumbing Inspector or Code Enforcement Officer.
[Amended 3-6-1979]
A. 
Flat-rate customers will be billed quarterly; and domestic, commercial and industrial meters will be billed quarterly. All bills are sent out on the first day of any given billing period and are payable to the City Treasurer of North Tonawanda by the 25th day of the period billed. If a meter is found stopped at any meter-reading period, the bill will be estimated from similar preceding or subsequent periods. All bills for general water service are due and payable upon receipt of the bill and are payable at face for a period of approximately 25 days following the date of the bill. Thereafter, such bills are payable with a penalty of 10%. The supply of water may be cut off if such water charges are not paid within 60 days from the due date.
[Amended 4-11-2008; 9-16-2009]
B. 
Failure to receive a bill shall not exempt any consumer from the accruing of a penalty. The presentation of a bill to a consumer is only a matter of accommodation and not a waiver of this rule.
C. 
When property is transferred from one owner to another, a service charge of $50 will be charged to the new owner of said property, to be billed within the first water bill rendered after the service.
[Added 3-21-1989; amended 9-19-2023]
D. 
If a utility bill requires an adjustment of consumption or dollars, an adjustment fee of $25 may be imposed.
[Added 9-16-2009; amended 9-19-2023]
A. 
A service connection will be made and water will be furnished upon written application by the prospective consumer or his properly authorized agent on a form prepared by the Water Department. The Water Department must approve the application.
B. 
Where premises have already been supplied with proper service facilities and a consumer desires the water turned on to the premises, the consumer will be required to sign an application for water service in order to authorize the installation of a water meter and the turn-on of water to the premises.
C. 
When making service application for newly built structures, the consumer must come in person, to sign the application, make appointment for installation of the meter and pay a fee of $200 for the installation of the meter. Property owner may furnish and install new City-approved meter with no charge by the City. Upon installation, meter must be inspected by the City Water Department.
[Amended 9-16-2009; 9-19-2023]
[Amended 3-21-1989; 9-16-2009]
A. 
From September 15 through May 31 of each calendar year, all properties shall be supplied with sufficient heat to prevent the potable water supply from freezing. In the event a property owner no longer wishes to supply the required heat, a licensed plumber (as defined by Chapter 69 of the City Code) shall shut off the potable water service to the property by closing the curb stop within 24 hours of terminating the heat.
B. 
In the event a property owner fails to comply with § 98-9A, the Water Department is hereby authorized to immediately and without notice to the property owner terminate the water supply as defined in this chapter. The City Assessor shall assess the amount charged for this service upon the real property, and this total amount shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected by the City Treasurer in the manner provided by law for the collection of taxes or delinquent taxes.
[Amended 9-19-2023]
C. 
A consumer who, for any reason, wishes to terminate his liability for service must give notice to the Water Department to do so. The consumer shall be responsible for the payment of service rendered by the Water Department until said written notice is received and a reasonable additional time allowed for reading the meter and shutting off the water service.
D. 
Service shall be considered terminated only after the water has been turned off at the curb valve by a licensed plumber as defined by Chapter 69 of the City Code and the meter has been removed.
E. 
When a property becomes vacant, upon receipt of written notice from the owner of same, the Department shall, at its option, remove the water meter and/or seal the service in a manner that will prevent any possibility of water usage without charge. A meter so removed will be replaced by the Department at a fee consistent with the current rate when the property is reoccupied. No charge shall be made for water during the time that the property remains vacant, provided that the foregoing provisions are fully complied with.
Each minimum charge shall apply to a single consumer. Where two or more consumers are supplied with water through the same service, the Water Department shall charge the same rate as if each consumer had a separate service, and any violation of the rules of the Water Department with reference to either or any of said consumers shall be deemed a violation as to all, and the Water Department may take such action as could be taken as to a single consumer.
A. 
No later than January 1, 1981, all homes, apartment houses, businesses, restaurants, commercial establishments, offices, industries, government buildings, churches, schools and any other building connected to the municipal water system shall have installed a water meter to measure the consumption of water and be billed quarterly according to established meter rates.
B. 
Any reference in this chapter to flat-rate consumption or billing shall become null and void as of January 1, 1981, except as otherwise provided in Subsection M of this section.
C. 
Domestic meters.
(1) 
The Water Department will furnish meters for all domestic water service up to and including a size of 5/8 by 3/4 inch. The Water Department shall install all such domestic meters, and the consumer shall be charged a service installation fee to be established by resolution of the Common Council. The Water Department will maintain, keep in repair and adjust all domestic meters except as may be otherwise provided.
(2) 
The Water Department shall not be responsible for and shall not adapt water service lines for installation of a water meter except as otherwise provided in Subsection M of this section.
(3) 
All domestic meters remain the property of the Water Department of the City of North Tonawanda.
D. 
Oversized meters.
(1) 
The Water Department shall supply meters of 3/4 inch to the owner of a premises, or his contractor, in need of the same at a cost to be established by the Superintendent of Water. The Water Department will assume no responsibility for installation, repair or maintenance of any such oversized meter. It shall be the responsibility of the owner to install such oversized meter and to notify the Water Department after installation so that inspection of the installation can be made by authorized personnel and measurements for the shutoff box can be recorded.
[Amended 9-16-2009]
(2) 
The Water Department will presume service has been turned on at the time of installation and inspection of the meter unless notified, in writing, by the owner of the premises.
E. 
Any meter over one inch shall be considered industrial size, and the owner of said premises will be responsible for acquiring and installing such meter. All meters must meet AWWA standards and City specifications approved by the Superintendent of Water. The City shall require testing of said meters by the owner according to the testing schedule in § 98-6A, and a test certificate must be filed with the Water Department.
[Amended 4-20-1993; 5-16-1995; 9-16-2009; 9-19-2023]
F. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection F, regarding facilities for meters, was repealed 9-19-2023.
G. 
Outside dial water meters are no longer required on new dwellings constructed in the City of North Tonawanda. Any existing outside dial water meters will be phased out in the normal course of Water Department operations. The Water Department is hereby authorized to and entitled to charge a one-time installation fee to be established by the Superintendent of Water for the installation of an interior water meter approved by the Water Department. Said meter will continue to remain the property of the city and to be repaired by same if said repair becomes necessary. In all cases it is the responsibility and duty of the homeowner responsible for notifying the city should any repairs become necessary to said meter.
[Amended 5-21-1985; 9-19-2023]
H. 
The Water Department shall be advised by the Building Inspector of the issuance of certificates of occupancy to facilitate prompt installation of water meters, and an estimated charge shall be levied for any water consumption prior to the installation of a meter.
I. 
Where the service line extension on the consumer's property is more than 120 feet in length, the Water Department may require that the meter be located in the parkway, terrace or sidewalk area and be placed in an approved meter housing as indicated above.
J. 
The consumer shall furnish and install a compression stop cock without waste on the service line and the same size as the service line on the street side of and adjacent to the meter. The consumer shall furnish and install a compression stop and waste cock on the consumer side of and immediately after the meter.
K. 
The size of the meter shall be the same size as the service line with the following exceptions:
(1) 
Since a three-fourths-inch service line is the smallest permitted, a meter of 5/8 by 3/4 inch may be used thereon.
(2) 
In the case of unusual installation, the Water Department may permit variations from this rule.
L. 
Only Water Department employees or authorized agents may remove or disturb the water meter. If it becomes necessary to break the meter seal in connection with work on the consumer's service line, the Water Department will authorize the breaking of the seal and will reseal the meter without charge. When a meter seal or seal wire has been tampered with, removed or broken or the meter removed from the service line, the meter will be removed, tested, reset and resealed for which a fee of $250 will be charged.
[Amended 9-16-2009; 9-19-2023]
M. 
Failure to convert from flat rate to meter consumption.
(1) 
Any building listed in Subsection A above which shall not have converted from a flat-rate consumption to a metered consumption by January 1, 1981, shall be so equipped with a meter by the Water Department, including any necessary plumbing adaptation of the water service line. Such expense shall be placed on the water bill and shall be a lien on the property.
(2) 
The Water Department shall not be responsible for and no claim will be made against the city for installation work performed.
(3) 
The owner of any building who continues to receive water services on a flat-rate basis after January 1, 1981, shall be charged twice the current flat rate.
(4) 
Any building whose owner refuses to comply with this section shall be subject to termination after due notice and hearing.
N. 
No premises now supplied with water through a meter shall revert to a flat rate, and no premises shall be supplied with water partly on a flat rate and partly metered, but all water to such premises shall be metered, whether premises have one or more service lines.
A. 
Connection of water service pipes.
(1) 
All water pipes connecting from the city water mains to privately owned premises shall be installed by the owner of the premises to be serviced at his expense. The owner shall also make repairs and replacements when needed at his expense.
(2) 
It shall be unlawful for any person, firm or corporation to install, replace or repair connecting water service pipes without first applying for and being granted a permit from the Plumbing Inspector.
[Amended 10-1-2019]
(a) 
All water service lines larger than one-inch diameter will require:
[1] 
Flush to remove debris and contaminants.
[2] 
Pressure test certification.
[3] 
Disinfection may be required based on use category. If disinfection takes place it must be performed to AWWA standards by Water Department personnel or competent contractor and documented by Water Department personnel.
(b) 
All service lines of a three-inch diameter and larger will additionally require disinfection.
[1] 
Disinfection must be performed by Water Department personnel or competent contractor.
[2] 
Disinfection must be performed to AWWA standards.
(3) 
Excavations for connecting water service pipes shall be made in conformance with existing local laws, ordinances, statutes, rules or regulations; provided, however, that it shall be unlawful to place any connecting water service pipe in the same excavation with or directly over any drain or sewer pipe.
(4) 
Shutoff boxes or service boxes shall be placed on every connecting water service pipe in a position between the curbline and the sidewalk line where this is practicable, and the tops of all such boxes shall be brought to finish grade. Such boxes shall be located where they are easily accessible and shall be protected from frost.
(5) 
Whenever a connecting water service pipe, which is in need of repair, creates a condition which, in the opinion of the Superintendent of Water, may tend to undermine a public roadway or create some other hazard or damage, the Superintendent of Water shall give notice in writing to the owner of record of the premises served by said connecting pipe. Said notice shall demand that the owner make the necessary repairs within 10 days and shall advise that if the owner does not make the repairs, then the city will cause the repairs to be made, and the costs and expenses of the repairs shall be assessed upon the land involved.
(6) 
Whenever the owner of record of a parcel of land, who had received a notice from the Superintendent of Water to repair a connecting water service pipe servicing said parcel, refuses or neglects to make said repairs, the Common Council, by resolution, may cause said repairs to be made, and the costs and expenses of making said repairs shall be by it assessed upon such premises in the name of the record owner. From the time the assessment roll shall have been completed, filed and confirmed, the sum therein assessed upon the specified premises shall become and be a lien and charge upon said premises superior to all other liens, rights, titles or estates therein.
B. 
All private service lines shall be installed, maintained, altered or replaced with American manufactured copper "K" soft tubing, which shall conform to ASA No. H23 1-1947 and ASTM designation B88-51, of the following widths and thickness:
Width in Inches
Thickness in Inches
3/4
.065
1
.065
1 1/4
.065
1 1/2
.075
2
.083
(1) 
It shall be unlawful for any person, firm or corporation to repair a lead service. All services must be replaced.
[Added 4-20-1993]
C. 
Location of service lines.
(1) 
All service lines must be laid at least four feet deep and no less than four feet distant from any open area or vault. No service pipe shall be laid in the same trench with any drain, sewer or other utility lateral, but must be laid in a separate trench and not less than three feet from any drain or sewer pipe or utility lateral except by special authorization of the Water Department and extraordinary cases, including where solid rock is encountered.
(2) 
No backfilling within the immediate area of the curb stop connection shall be done until inspection and approval of said curb stop connection by the Water Department.
All water rents, penalties and interest thereon and all charges for tapping, connecting and disconnecting and any other charges provided for by this chapter shall be a lien on the real property upon which the water is used, and such lien shall be prior and superior to every other lien or claim except to the lien of an existing tax.
[Amended 9-16-2009; 10-4-2016]
Any person, firm or corporation violating any provisions of this chapter, to include tampering with the meter, shall be fined not less than $250 nor more than $1,000 for each offense. The Building Inspector and Code Enforcement Officer shall be responsible for enforcing compliance with this chapter.
If any part or provision of this chapter or the application thereof to any person or circumstance is adjudged to be invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which said judgment shall have been rendered and shall not affect or impair the validity of the remainder of this chapter or the application thereof to other persons or circumstances, and the Council hereby declares that it would have enacted this chapter or the remainder thereof had the invalidity of such provisions or application thereof been apparent.
[Amended by L.L. No. 3-1933; L.L. No. 3-1958; L.L. No. 5-1979; L.L. No. 2-1988; 9-16-2009]
A. 
The Common Council shall establish a scale of rents for the use of water, to be called "water rents" and to be paid at such time as it may prescribe, and may from time to time either modify, amend, increase or diminish such rents. A notice will be printed on the September water bill informing each water customer that any unpaid water/sewer charges will be attached to the City taxes as of the first Friday in November. If said water rent or other charges for use of water, together with any penalties imposed thereon, shall remain unpaid after that date, the Water Department shall certify such unpaid amounts to the Assessor, together with the name of the record owner and the premises on which the water was used on or before the 31st of January of the succeeding year. Said amounts shall be included in the annual assessment roll, and the same shall be assessed by the Assessor against the record owner of the premises on which the water was used, and shall be collected in the same manner as the City taxes are collected, with the same interest and penalties thereon. Said unpaid water rents or other charges for the use of water, when placed on the tax rolls, shall become a lien against the real property so charged.
B. 
A surcharge of 10% shall be placed on all water rent account balances that are due in September that remain unpaid by the first Friday in November of each year and shall be levied on the subsequent year's real property tax bill.
[1]
Editor's Note: This section was formerly § 1-115 of the 1907 Charter, but was saved from repeal 11-2-1999 by L.L. No. 2-1999. See Charter § 1.003(2)a.
[Amended 3-19-1980; 2-2-1982] 3-1-1983; 2-20-1990; 2-16-1993; 2-20-1996; 4-4-2000; 11-19-2003]
A. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A, regarding flat rates, was repealed 9-19-2023.
B. 
Meter rates. Effective for billings sent out on March 1, 2009, meter rates shall be as follows:
[Amended 11-20-2007; 11-18-2008; 9-19-2023]
Gallons
Rate
0
$15 minimum charge
1 to 250,000
$3 per 1,000 gallons
Over 250,000
$3 per 1,000 gallons
C. 
Flat rates are annual charges to be billed quarterly; meter rates are quarterly; nonresident consumers, double the above rates.
D. 
Water consumption shall be assessed and collected in conformance with the following schedule:
[Amended 11-20-2007]
Billing Month
June
September
December
March
E. 
Recipients of the water bill are required to read their water meter and place said reading on the meter reading card in the place provided. Failure to comply with this section will result in an estimated reading. For each estimated quarter following the second consecutive estimation, there will be a surcharge of $25 added until the meter is read. Additionally, the fourth bill that contains said estimated reading may be doubled. Upon discovery that a water meter has been overcharged and readings are under the estimated consumption, the property owner shall receive a consumption credit towards future billings. Said credit will not exceed two years of the past estimated water consumption.
[Amended 11-20-2007; 9-16-2009; 12-6-2022; 9-19-2023]
F. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection F, regarding the placement of a surcharge on unpaid water rent account balances, as amended, was repealed 9-16-2009.
G. 
Multi-dwelling-unit homes and apartments that have only one master water meter would be subject to the existing minimum water charge, and would receive an additional minimum water charge of $15 for each additional dwelling unit which does not have a separate water meter.
[Added 11-20-2007; amended 9-19-2023]
H. 
Homeowners who receive the low-income aged exemption (age 65 or older and income less than $22,525) would still be subject to the minimum water charge, but would automatically receive up to the first 5,000 gallons of water at no cost per quarter.
[Added 11-20-2007; amended 9-19-2023]
[Amended 12-20-2011]
Each volunteer fire company and the North Tonawanda Volunteer Firemen's Benevolent Association shall make application for and have a water meter installed. Such meter shall be billed quarterly on the basis of water consumption metered. At the time of annual payment to the volunteer fire companies, the City shall reimburse such companies for the water rent paid. The North Tonawanda Volunteer Firemen's Association shall be exempt from the payment of said water rents.
[Amended 10-1-2019]
All tap, pressure test, disinfection and laboratory fees shall be set by the Superintendent of the Water Department and established in schedule form as he shall prescribe by departmental regulation. Copies of such schedule shall be on hand for public distribution at the office of the Water Department, free of charge.
This chapter shall be effective upon adoption by the Common Council on February 20, 1979, and its publication in the official newspaper of the city.
[Added 4-5-1988]
All waterlines installed in subdivisions by the developer shall be looped. The Superintendent of Water may, because of undue hardship or for good cause shown, grant relief from this requirement and may require a suitable alternative.