CHARGE or CHARGES
Includes any surcharges which may be established under this
chapter.
COMMISSION
The Southern Cayuga Lake Intermunicipal Water Commission
unless otherwise expressly stated.
CONTRACTING MUNICIPALITY
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.
DWELLING UNIT
A dwelling, or portion of a dwelling, providing complete
living facilities for one family.
MUNICIPAL WATER SYSTEM (also referred to herein as "waterworks
system" or "water system")
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.
WATER RATE
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.
[Amended 9-11-1978 by L.L. No. 1-1978; 12-7-2009 by L.L. No.
26-2009]
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.
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.
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.
[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.