[HISTORY: Adopted by the Town Board of the
Town of Ithaca 8-23-1976 by L.L. No. 2-1976. Amendments noted where
applicable.]
Includes any surcharges which may be established under this
chapter.
The Southern Cayuga Lake Intermunicipal Water Commission
unless otherwise expressly stated.
Any municipality, public authority, public agency or public
benefit corporation with whom the Town contracts to deliver, receive,
treat and distribute a supply of water.
A dwelling, or portion of a dwelling, providing complete
living facilities for one family.
The water system, or any portion thereof, either separately
owned, operated, and maintained by the Town of Ithaca or owned, operated,
and maintained jointly with other municipalities and administered
by the Southern Cayuga Lake Intermunicipal Water Commission, and shall
include all component parts and facilities thereof including, without
limitation, reservoirs, mains, pipes, treatment plants, storage tanks,
intake facilities and all other appurtenances which are used or useful
in whole or in part for the collection, impounding, treatment or distribution
of water.
The water rent, rate, charge, or surcharge imposed or levied
by the Town of Ithaca, New York, for the use of water through the
municipal water system.
All revenues imposed hereunder, together with
all interest and penalties thereon, shall be designated in such manner
as to identify them as water revenue funds. All such revenues derived
from such water service and operation of the water system shall be
applied towards the payment of the cost of operation and maintenance
of the waterworks system and the facilities, extensions and improvements
thereof, and toward the payment of the cost of construction thereof
including the payment of principal and interest on outstanding serial
bonds or other obligations issued or incurred in connection with such
waterworks system.
A.
The Town Board shall set from time to time by resolution
the schedule of water rates, rents or charges for the use of water
and for the purposes hereinabove set forth.
B.
Notwithstanding the provisions of the schedule of
water rates, rents or charges set by the Town Board, if there are
existing contracts between a bulk user and the Town pursuant to which
the Town, for other considerations, agreed to charge a water rate
different than that required by the schedule, the Town may continue
to honor such contracts at the rates therein prescribed or at such
other rates as may be agreed to between the Town of Ithaca and the
other contract party. Nothing in this subsection shall preclude the
Town, if it deems it advisable, from charging said bulk user the rates
that would otherwise be required by the schedule.
[1]
Editor’s Note: This local law also provided for an effective
date of 1-1-2010.
A.
All water rates and charges due hereunder shall be
paid to the Town Clerk of the Town of Ithaca at the Town offices at
215 North Tioga Street, Ithaca, New York.
B.
The Town Clerk or other person authorized by the Town
Board shall keep a record of all properties within the Town of Ithaca
which are connected to the municipal water system and the municipal
sewer system and bills shall be mailed to the owner or any other person
to whom a water bill is addressed, billed or mailed by the Town and
at the address appearing on said bill. The failure of any person to
receive a bill shall not excuse nonpayment thereof, nor shall it operate
as a waiver of the penalty herein prescribed. Notwithstanding any
other provision in this chapter, all water rates, charges, including
surcharges, or other fees relating to water service, shall be a charge
against the owner of the premises connected with the municipal water
system, and such owner shall be liable for the payment of all such
rates and charges, including penalties and interest.
C.
If water rates or other charges payable under this
chapter are not paid within 30 days from the date on which they are
due, an additional charge or penalty of 10% shall be added to the
water rates or charges due. For this purpose, the date on which such
rates are deemed due is the date on which the bill is issued or, if
no bill is issued the 15th day following the close of each calendar
quarter during which water was consumed (i.e., the due date for water
rates relating to water consumed in the first calendar quarter of
the year shall be April 15). The Town Supervisor, or other person
designated by the Supervisor, in the event such rates or charges are
not paid within 60 days from the date on which they are due, may cause
a notice to be delivered or mailed to the owner or to any other person
designated by the owner, addressed to the address to which bills are
to be sent, and to the occupant of the premises, addressed at the
premises, stating the amount due and demanding payment thereof within
a period of at least 10 days of the date of the notice and stating
that if such payment is not made, the water service may be discontinued,
without further notice, and, at the expiration of such period the
Town Supervisor, or any employee or officer of the Town or of any
contracting municipality or the Commission, designated by the Supervisor
or the Town Board, may enter on said premises and cause the water
service to be disconnected. In addition to any other charges due to
the Commission or Town, there shall also be due to the Town a charge
for disconnecting and a charge for reconnecting such water service.
Such charges shall be set from time to time by Town Board resolution
[1]
Editor’s Note: This local law also provided for an effective
date of 1-1-2010.
D.
Water rates and charges, including any surcharges
thereto, shall constitute a lien on the real property served by the
water system and shall be a charge against the owner or agent of such
real property. The priority of such lien, and the enforcement and
collection thereof and of such rates and charges shall be in accordance
with Subdivision 3(d) of § 198 of the Town Law and in accordance
with all other provisions of the Town Law and Tax Law of the State
of New York, and this chapter, not inconsistent with the said subdivision
and section. All delinquent accounts for the payment of water rates
and other charges hereunder which remain unpaid as of the end of each
year shall be placed on the tax roll for collection in accordance
with the provisions of § 198 of the Town Law or other applicable
provisions of law. For purposes of providing the information required
to implement the provisions of § 198, Subdivision 3(d),
of the Town Law, the Town Clerk shall, no later than November 1 of
each year provide the statements showing unpaid water charges as of
the immediately preceding October 15, which statements shall contain
the information and be utilized as set forth in § 198, Subdivision
3(d), of the Town Law. Failure to provide the statements by such date,
or to include all unpaid water rates as of said October 15, shall
not invalidate any amounts that are included on a subsequently supplied
statement nor shall it invalidate the levy of any unpaid water rates
on any tax bill.
[Amended 8-11-1997 by L.L. No. 3-1997]
(1)
Real property shall be deemed to include all property,
dwelling units or other structures which i) are connected with the
water system or ii) are not connected with the water system but which
can be connected by a building lateral running from any structure
on said premises to a transmission main or lateral in an adjacent
public street, alley, or thoroughfare, or in a public easement running
to such premises from any such transmission main or lateral, or iii)
are not connected with the water system but for which the Town has
agreed to accept an easement on such premises and to construct, at
public expense, a water main in such easement to a point which is
either the point of connection of any building lateral with a public
water main serving such premises prior to the construction of the
Southern Cayuga Lake Intermunicipal water system or a point on such
premises which is no closer than 50 feet to the foundation wall of
any building on such premises which is to be connected with the water
system.
(2)
If the property is not connected to the municipal
water system, then the Town Board or the Town Supervisor or other
Town officer or employee shall determine:
(a)
The quarterly water bill for said property which
shall be the average amount paid by owners or users of a representative
number of structures of comparable size, water use or occupancy; or
E.
To enforce the collection of water rates or other
charges of fees due under this chapter, including all interest and
penalties, the Town may bring an action as upon contract for such
water rates, charges and other sums, or to foreclose liens for water
rates and such charges; in addition, all such unpaid charges and rates
may be collected and enforced as provided for in Subdivision 3(d)
of § 198 of the Town Law. The Town may pursue any one or
more of the aforesaid remedies, separately or simultaneously until
all sums due to the Town have been collected in full.
Any costs and expenses or other charges other
than those hereinbefore described, incurred by the Town because of
any repair or other work to the water system or otherwise for which
the owner of any property served by or connected with the water system
is obligated under this chapter or any rule, regulation, resolution
or other ordinance, statute or provision of law, shall be collected
in the manner provided for the collection of water rates in this chapter,
and shall be a lien upon the property and enforceable in accordance
with the provisions of this chapter or any other applicable provision
of law.
Any duly authorized officer, employee, contractor,
or agent of the Town or other person duly authorized by the Town Supervisor,
the Town Board or by the Commission shall be permitted to enter on
any property at reasonable hours for the purpose of reading meters,
or inspecting, disconnecting, repairing or replacing the same or for
any other purpose reasonably necessary to carry out the provisions
or purposes of this chapter.
Each property owner shall comply with all laws,
ordinances, rules and regulations of i) the Town of Ithaca and, when
not inconsistent with the foregoing, or ii) the Commission and any
contracting municipality pertaining to and applicable to consumers
of water in the Town of Ithaca.
A.
No person, association, corporation or any other group
of persons shall i) connect with or use the Town water system without
applying for and obtaining a permit from the Town Clerk and such other
person or agency designated by the Town Board, and ii) install, repair,
alter, or otherwise tamper with a water meter unless authorized by
the Town Supervisor, Town Board or the Commission, or unless such
work is done pursuant to a permit.
B.
No such permit shall be issued unless a valid building
permit has been granted or the erection of any structure for which
the water connection is sought, whether such structure has been heretofore
or hereinafter erected, or a valid certificate of occupancy or certificate
of compliance has been issued.
[Amended 5-12-2014 by L.L. No. 8-2014]
C.
Any duly authorized officer or employee of the Town
may refuse to issue such permit or may revoke such a permit unless
a valid building permit or certificate of occupancy or certificate
of compliance is issued and delivered to such officer or employee.
[Amended 5-12-2014 by L.L. No. 8-2014]
The violation of each provision of §§ 261-7 and 261-8 of this chapter shall constitute a violation. The punishment for each such violation shall be a fine not exceeding $100 for each such separate violation of the provisions of said sections or imprisonment for a period of not more than 30 days, or both. The Town may also proceed to recover a civil penalty in the amount of $100 for the violation of each such separate provision of the aforesaid sections. The Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of, any such provisions of the aforesaid sections.
The prior ordinance and regulations adopted
July 10, 1972, as they may have been amended, are hereby repealed.[1]
[1]
Editor’s Note: Schedule A, Water Rate Schedule, as amended,
which immediately followed this section, was repealed 12-7-2009 by
L.L. No. 26-2009; said local law also provided for an effective date
of 1-1-2010.
[Added 5-9-2022 by L.L. No. 10-2022]
A.
Correction of errors. If any owner of real property on which a water
rate, rent or charge has been imposed deems themself aggrieved because
an error has been made in computing such water rate, rent or charge,
or in applying such water rent, rate or charge to the property, they
may file an application for a refund of all or part of such water
rate, rent or charge. Such application shall be verified by the owner
and shall set forth the amount of refund sought and the grounds therefor.
Such application shall be presented to the Town Board of the Town,
which may refund all or part of such water rate, rent or charge if
it determines that an error has occurred. The Town Board shall make
findings to support its determination. Any such application shall
be filed within 60 days of the time the applicant learns of the claimed
error, or within four months of the date of the bill claimed to be
in error, whichever is earlier. The Town Board may, for good cause
shown, extend the time for the filing of such application if circumstances
show the charges are patently unfair and that the applicant had a
reasonable basis for not timely filing the application for correction
of the error.
B.
Refunds
for leaks. The Town Board may, by resolution, establish and revise
from time to time a policy for refunds due to leaks. All refund requests
due to leaks shall be governed by any such policy.
