A. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
COMMERCIAL CONSUMERS
Any residential premises outside the Village of Elmsford, and residential premises with more than three units; any mixed-use premises; or any other property owner.
RESIDENTIAL CONSUMERS
Any residential premises within the Village of Elmsford having three units or less.
B. 
The Board of Water Commissioners have established a scale of water rents for residential consumers, outside Village consumers and commercial consumers as set forth by the Village Board of Trustees by resolution in the Master Fee Schedule as same may be amended from time to time.
C. 
Each property owner owning a premises outside the Village of Elmsford limits shall be privileged to apply to the Board of Water Commissioners of the Village of Elmsford to make connections with the Village of Elmsford water mains for the purpose of drawing water therefrom and shall proceed to make such application in the manner provided in § 328-4 of these regulations. Should the Board of Water Commissioners grant the application, the applicant, in addition to the payment of the charges set forth in § 328-4 of these regulations, shall deposit with the Board of Water Commissioners, in cash, such sum as set forth by the Village Board of Trustees by resolution in the Master Fee Schedule as same may be amended from time to time, to indemnify and hold harmless the Village of Elmsford against the nonpayment of water rents for the use of water consumed at the applicant's premises. In furtherance of such indemnification, the Village shall have the right to enforce collection of water rents from users outside the Village by means of deposits or minimum payments in advance, penalties for late payment, shutting off of water, civil suit and collection charges. Further, such applicant of such authorized connection shall be solely responsible for all costs in connection with the installation, maintenance and repair of such connection, including the obtaining of all permits and approvals for connection.
D. 
The Board of Water Commissioners does hereby establish the following scale of rents for the use of hydrants as follows:
(1) 
For non-construction-related use of the hydrant, the user shall pay an application fee, a meter rental fee, a meter deposit and a hydrant deposit, all in amounts set forth by the Village Board of Trustees by resolution in the Master Fee Schedule as same may be amended from time to time. The meter deposit shall be refunded upon the return of the meter in good working order, and the hydrant deposit shall be returned following inspection of the hydrant and same is found to be in full working order. The rate for water used, and the minimum charge therefor are set forth by the Village Board of Trustees by resolution in the Master Fee Schedule as same may be amended from time to time.
(2) 
For construction-related use of the hydrant, the user shall pay an application fee, a meter rental fee, and a meter deposit all in amounts set forth by the Village Board of Trustees by resolution in the Master Fee Schedule as same may be amended from time to time. The meter deposit shall be refunded upon the return of the meter in full working order. The rate for water used, as well as a minimum charge therefor are set forth by the Village Board of Trustees by resolution in the Master Fee Schedule as same may be amended from time to time.
Water rents shall become due and payable to the Board of Water Commissioners quarterly in each year, on March 1, June 1, September 1 and December 1, by the owner of real property served by such water system or water mains.
A. 
In the event that any water rents shall remain unpaid at the close of business on the first business day of the month following the date at which the balance became due and payable pursuant to § 328-31, hereto, there shall be added to such unpaid water rent the sum of 10% on delinquent balances per quarter ending.
B. 
In the event that any water rents shall remain unpaid at the close of business 120 days after which the balance became due and payable pursuant to § 328-31 hereto, there shall be added to such unpaid water rent the sum of 15% on the delinquent balances per quarter ending. No payments shall thereafter be accepted for any unpaid water rents, penalties or charges, unless the delinquent fee set forth herein is included with such payment. In the event of termination of water service because of nonpayment, all arrears of any kind must be paid before the water will again be turned on.
All unpaid charges for water rents remaining unpaid as of May 1 in each calendar year shall become a lien upon the real property upon which or in connection with which the water is used, including penalties assessed as provided in this Article, shall be included in the annual tax levy and shall be levied upon the real property in default. Water rents, together with the amount of any penalty prescribed by the Board of Water Commissioners and due for nonpayment of such rents within the time prescribed by the Board of Water Commissioners, shall, as provided in § 11-1118 of the Village Law, be a lien on the real property upon which or in connection with which the water is used, and such lien shall be prior and superior to every other lien or claim, except the lien of an existing tax. The Board of Water Commissioners shall certify to the Village Clerk the amounts of all such unpaid water rents, including penalties, computed to the first day of the month following the month in which the fiscal year commences, with a description of the real property affected thereby. The Village Clerk shall present such certificate to the Board of Trustees and shall enter the same or an abstract thereof in the minutes of the meeting. The Board of Trustees shall include such amounts in the annual tax levy and shall levy the same upon the real property in default. The Water Fund shall be credited with the amount of the unpaid rent, including penalties, and the amount so levied, when collected, shall be paid into the general fund of the Village.
A. 
Whenever a water rent or penalty, or any other charge or payment due with respect to water service remains unpaid for more than 60 days after the same is due and payable, the water supply to the premises with respect to which such rent or charge is owed, may be terminated by the Board of Water Commissioners, provided that not less than 10 days prior to such termination of water supply, a written notice of the intent to terminate such service is served, either:
(1) 
Personally upon the owner as shown upon the last assessment roll of the Village; or
(2) 
Upon any adult occupant of the premises; or
(3) 
Mailed to such owner at his last known address, as shown upon said assessment roll.
B. 
Such notice shall state the day on or after which the water supply will be terminated, and shall state the amounts of water rents, penalties and other charges, if any, due and payable, payment of which is required to avoid such termination.
C. 
The Board of Water Commissioners shall not be required to restore water service until any and all violations have been abated and all water rents in arrears have been paid, including interest and other charges, together with an additional charge for turning on or off the water supply as set forth by resolution of the Village Board of Trustees in the Master Fee Schedule as same may be amended from time to time.
Contractors, builders or other persons desiring to use the Village water during construction operations shall request the owner of the property to make application for such service in accordance with the provisions of § 328-4 of these regulations. The contractor, builder or other person about to engage in the construction operations must make proper arrangements with the owner of the property for the payment of all water consumed in the operations, but the owner of the property will be liable to the Village for all charges resulting from the water used during the course of construction. The owner will be held responsible for any and all damage to the meter by frost or other action of the elements, as well as from any other cause or means. No Village water shall be used for construction purposes unless measured by a meter purchased from the Village. A street opening permit must be first obtained before the application for the use of Village water shall be granted.
The charge for a reading (special reading) made at any other time than at the time of the regular quarterly reading for the purpose of property transfer, tenant changes, etc., or to check on a regular reading shall be as set forth by resolution of the Village Board of Trustees in the Master Fee Schedule as same may be amended from time to time.