[HISTORY: Adopted by the Rochester City Council 10-28-1980 by Ord. No. 80-485.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 23, Water Regulations, adopted as follows: Art. I, 11-25-1941, as amended, and Art. II, 5-25-1948, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
CITY
The City of Rochester.
COMMISSIONER
The head of the Department of Environmental Services or his or her designee.
[Amended 2-14-2006 by Ord. No. 2006-22]
DIRECTOR OF WATER or DIRECTOR
The Director of Water or his or her designee.
[Amended 2-14-2006 by Ord. No. 2006-22]
MAIN, STREET MAIN or WATER MAIN
A water pipe within the public right-of-way owned by the City of Rochester and supplying or capable of supplying water to one or more parcels.
[Amended 9-16-2008 by Ord. No. 2008-334; 8-13-2013 by Ord. No. 2013-290]
PLUMBER
A plumber who is properly licensed and registered in the City of Rochester.
SERVICE or SERVICE PIPE
A water service pipe supplying water from a street main to an individual property.
WATERWORKS
The Water Enterprise within the Department of Environmental Services or any authorized employee or contractor of the Water Enterprise.
A. 
Service installation and maintenance. The owner of a parcel of property is responsible for the installation and any necessary replacement of the entire water service pipe supplying water to that parcel from the connection with the street main into the property. The owner must use exclusively parts and materials contained in the City's Approved Products List for waterworks installations for the entire length of the service pipe between the water main and the water meter. The owner must follow installation methods according to the City's Water Works Specifications and Details. The owner is responsible for all necessary repair of the water service pipe from the curb valve into the property. The Waterworks will provide necessary repairs to the service pipe between the connection with the street main and the curb valve, inclusive. Where there is no curb valve, the property owner is responsible for all repairs from the connection with the street main into the property. The Director of Water may, by written notification, require a property owner to make necessary repairs to a leaky or defective service, if such repairs are the responsibility of the owner. A problem of inadequate flow or pressure in a service must be corrected by replacement of the service by the property owner; the Waterworks is not responsible for making any repairs to try to correct such problem.
[Amended 6-17-2014 by Ord. No. 2014-184]
B. 
Plumbing work. For work which is the responsibility of the property owner, the owner shall arrange with a private plumber, properly licensed in the City of Rochester, for such work to be performed. The owner shall see that all necessary permits are obtained and all necessary fees paid. The owner shall bear the full cost of such work, including the cost of any necessary street or sidewalk restoration.
C. 
Meters. The property owner is responsible for seeing that a meter is installed in every active water service to the parcel, that the meter is not removed, illegally bypassed or tampered with and that any bypass valve is not opened, except by the Waterworks. The property owner is responsible for safeguarding the meter and shall be charged for any damage, loss or theft of the meter.
D. 
Water consumption. The property owner is responsible for seeing that all water delivered to the property is properly registered on a meter and is paid for. An owner of any parcel of property which is connected to the City's water distribution system shall be deemed knowingly to accept water service to the parcel on the terms and conditions specified in the City Charter. The City Code, state law and all duly promulgated rules and regulations. Even if the City fails to issue water bills for a period of time, the property owner is still liable for water consumed on the premises and shall be responsible for paying any back water bills which may subsequently be issued.
[Amended 9-16-2008 by Ord. No. 2008-334[1]]
[1]
Editor's Note: This ordinance provided an effective date of 10-6-2008.
For any new installations, renewals, alterations, enlargements or repairs to water service pipes which require excavation of the street, sidewalk or other public right-of-way, the property owner or the owner's plumber shall first obtain a street opening permit from the City Engineer and shall pay the required permit fees, pursuant to Chapter 104 of the City Code. For new installations, enlargements or any other work which requires a new connection with the street main, the property owner shall first submit plans to the Waterworks and pay the required connection fee pursuant to § 23-37D. For new installations or enlargements or in any other case where a new meter is required, the property owner shall pay the required meter fee to the Waterworks pursuant to § 23-27B.
[Amended 9-16-2008 by Ord. No. 2008-334[1]]
Except as provided in § 23-26, every separately owned parcel shall have at least one separate water service. Two separate parcels cannot share the same service. All water services shall meet the specifications set forth in waterworks specifications promulgated by the Director of Water pursuant to § 23-36. All installation and other work shall be done in accordance with procedures set forth in such waterworks specifications.
[1]
Editor's Note: This ordinance provided an effective date of 10-6-2008.
A. 
Where a new connection with the street main is required, the property owner's plumber shall first complete the necessary preparation work. The Waterworks will then, upon notification, make the necessary connection into the main for the new service. The property owner is responsible for the cost of all necessary preparation work, excavation, backfilling and paving.
B. 
Water mains shall not be allowed within easements unless approved by the Director of Water. The City will not assume ownership of or responsibility for any water pipe installed outside of the public right-of-way.
[Added 8-13-2013 by Ord. No. 2013-290]
C. 
The property owner is responsible for maintaining in good condition all water-service piping from the curb cock into the building, including all appurtenances. The pipe and fittings must be able to withstand system pressure variations. Leaky service pipe poses a serious risk of hazardous contamination of the water supply in case of low system pressure and must be replaced by the property owner as soon as possible.
[Added 11-19-2013 by Ord. No. 2013-376]
[Amended 1-8-1991 by Ord. No. 916]
All new or renewed water services must be inspected by an authorized representative of the City prior to backfilling of the service by the plumber or permit applicant. No further permits shall be issued to said plumber or permit applicant until such inspection has been performed.
[Amended 8-1-1991 by Ord. No. 91-6; 9-16-2008 by Ord. No. 2008-334[1]]
Where a new connection with the street main has been made, the water shall not be turned on except by the Waterworks. Upon satisfactory completion of all required work by the property owner's plumber and inspection by an authorized representative of the City, the Waterworks shall install the meter, where a new one is required, and shall turn the water on at the curb valve. All remote read devices shall be installed by the Waterworks.
[1]
Editor's Note: This ordinance provided an effective date of 10-6-2008.
A. 
Requirements. Fire services shall be designed and installed in accordance with the Waterworks specifications promulgated by the Director of Water. All fire services shall be equipped with a detector check valve and bypass meter. Plans for all fire services must be submitted and approved by the Waterworks. Fire services shall be used only for fire protection. If the Director of Water determines that it is possible for water to be used for other than fire protection, he or she may require the property owner to install a mainline water meter in the service.
[Amended 2-14-2006 by Ord. No. 2006-22; 9-16-2008 by Ord. No. 2008-334[1]]
[1]
Editor's Note: This ordinance provided an effective date of 10-6-2008.
B. 
Domestic charges. Quarterly charges shall be made for each fire service. The charge for a domestic fire service (i.e., not Holly system) with a mainline meter which records all water consumption shall consist of a fire service charge, pursuant to § 23-37C(1), and a consumption charge, pursuant to § 23-37A(1). The charge for a domestic fire service with a bypass meter shall consist of a fire service charge, pursuant to § 23-37C(1), a base charge, pursuant to § 23-37A(2), and a consumption charge pursuant to § 23-37A(1).
C. 
Holly charges. The charge for a Holly high pressure system fire service with a mainline meter which records all water consumption shall consist of a Holly fire service charge, pursuant to § 23-37C(2), and a Holly consumption charge, pursuant to § 23-37C(3). The charge for a Holly system fire service with a bypass meter shall consist of a Holly fire service charge, pursuant to § 23-37C(2), a base charge, pursuant to § 23-37A(2), and a Holly consumption charge pursuant to § 23-37C(3).
A. 
Meter fee. A water meter, including the remote read provided by the Waterworks, shall be installed in every active water service. Water meters shall not be moved from one service to another. The property owner shall pay the required meter fee, pursuant to § 23-37B, for any new meter installed on the premises. When a meter is replaced in a service with a new meter of the same size and the old meter is returned to the Waterworks in satisfactory condition, there shall be no fee for the new meter. The meter fee shall be partially refunded if the service is permanently disconnected, or is enlarged, and the meter is returned to the Waterworks in satisfactory condition. Such refund shall be equal to the fee originally paid, less 10% for each year or fraction of a year since its installation. If a larger meter is installed because it is necessitated by an order of the Director of Water to install a backflow preventer pursuant to § 23-27, and if the old meter is returned to the Waterworks in satisfactory condition, then the property owner shall be credited with the full amount of the fee, at current prices, for the old meter. When the water supply through a service is discontinued but the service is not permanently disconnected from the main, the meter will be stored by the Waterworks until it is reinstalled in the service at the request of the owner. No refund of the meter fee shall be made when the meter is removed for storage, and no meter fee shall be charged when it is reinstalled.
[Amended 3-9-1982 by Ord. No. 82-105; 9-16-2008 by Ord. No. 2008-334[1]]
[1]
Editor's Note: This ordinance provided an effective date of 10-6-2008.
B. 
Property of the City. Water meters and remote read devices at all times remain the property of the City. No one other than the Waterworks or authorized representative shall install or remove a meter.
[Amended 9-16-2008 by Ord. No. 2008-334[2]]
[2]
Editor's Note: This ordinance provided an effective date of 10-6-2008.
C. 
Maintained by the City. Meters shall be maintained by the Waterworks. Meters and remote reads may be removed or replaced by the Waterworks in order to perform necessary maintenance. The Director may choose, however, to leave a meter in place until its accuracy has been tested.
[Amended 9-16-2008 by Ord. No. 2008-334[3]]
[3]
Editor's Note: This ordinance provided an effective date of 10-6-2008.
D. 
Electrical grounding of meters. The property owner shall provide and maintain a permanently bonded, electrical grounding strap for each meter setting as required by the applicable provisions of the New York State Uniform Fire Prevention and Building Code.
[Added 6-4-1985 by Ord. No. 85-234; 10-21-2003 by Ord. No. 2003-342]
[Amended 2-14-2006 by Ord. No. 2006-22]
Where a building is located more than 100 feet from the street, the Director may require the meter to be housed in a vault outside the building but inside the property line, instead of inside the building. Where the Director deems that a meter will not be safe and secure if it is located within the building or that access by a meter reader will be difficult, he or she may require the meter to be installed in a meter vault. Plans for meter vault construction shall be submitted to the Director for his or her approval prior to construction. Vaults shall be constructed and maintained by and at the expense of the property owner.
[Amended 2-14-2006 by Ord. No. 2006-22; 9-16-2008 by Ord. No. 2008-334[1]]
All bypasses must have a bypass meter. The design of the bypass shall be submitted to the Director for his or her approval, prior to installation. The Director may require a meter to be installed in the bypass by and at the expense of the property owner. Every unmetered bypass line outside a vault shall have a lockable valve box which shall be sealed closed and opened only by the Waterworks. No connections shall be made to the bypass.
[1]
Editor's Note: This ordinance provided an effective date of 10-6-2008.
If a seal on a valve, meter or other fitting is broken, it shall be presumptive evidence that the water consumption has not been properly registered on the meter. If a seal is broken, it shall be resealed by the Waterworks, and the property owner shall be charged a fee for resealing, pursuant to § 23-37F(1). No fee shall be charged if the seal was broken accidentally and the Waterworks is notified promptly.
Upon request of a property owner or at the Waterworks' initiative, meters may be tested by the Waterworks. The property owner may, if desired, witness the test. The test results shall be presumptive evidence of whether the meter is and has been functioning properly. If the test results indicate accuracy within current American Water Works Association limits, the owner shall be charged for the test, pursuant to § 23-37F(4), if the test was done at the owner's request. If the test results do not meet American Water Works Association accuracy limits, the meter shall be replaced at no charge to the owner, there shall be no charge for the test and the most current water bill shall be adjusted as necessary, either up or down, to compensate for the meter error.
A. 
Periodic bills. Periodic bills shall be issued by the City for water consumption on all active services. Each bill for a service other than a fire service shall include a base charge and a consumption charge, both as set forth in § 23-37A.
B. 
Meter readings. Except as provided in § 23-15, consumption charges shall be based on metered consumption, as determined by periodic meter readings taken by the Waterworks. The meter reading frequency shall generally be either quarterly or monthly and shall be determined by the Director of the Water Bureau based upon meter size.
[Amended 1-11-1983 by Ord. No. 83-8]
C. 
Estimated bills. If a meter reader cannot gain access to the meter for a scheduled reading, an estimated bill may be issued, based on past metered consumption. Estimated bills may be escalated by up to 10% beyond past consumption to reflect the possibility of leakage. If a valid meter reading is obtained subsequent to the issuance of an estimated bill, the original amount of the estimated bill shall be adjusted as necessary to reflect actual consumption. No adjustment shall be made to any late charges which have accrued against the original estimated bill. If no subsequent valid meter reading is obtained, the estimated bills, including all late charges, shall stand as originally issued.
[Amended 6-4-1985 by Ord. No. 85-234]
A. 
Conditions. Where any of the following conditions are discovered to exist in an active water service, water consumption charges may, at the discretion of the Director of Water, be calculated in accordance with this section instead of § 23-14:
(1) 
There is no meter.
(2) 
The meter is stopped.
(3) 
The meter is illegally bypassed.
(4) 
A bypass valve is open.
(5) 
A bypass seal is broken.
(6) 
The meter is installed in reverse direction to flow.
(7) 
Any other condition which, in the judgment of the Director, indicates that the meter may not have been functioning properly or that the consumption may not have been accurately registered on the meter.
B. 
Procedure. The metered consumption on the premises for either a prior or subsequent period of time, at the discretion of the Director, shall be used as the basis on which to calculate consumption for the period of time for which the above-listed condition existed. A calculated bill shall be issued, covering the period of time for which the above-listed condition existed or as permitted by state law, whichever is the shorter period of time.
All water charges imposed pursuant to this chapter of the City Code shall be a debt and personal obligation of the owner of the parcel of property to which the water was supplied and also of the consumer of the water. Water charges shall be a lien upon the parcel of property to which water was supplied as of the due date of the charges.
A. 
Late payment charges. Any water charge not received by the City Treasurer by its due date shall be considered delinquent and shall be rebilled periodically until paid or added to taxes. A late payment charge shall accrue each billing period against such delinquent charges and shall be added to and thereafter considered part of the delinquent balance. Each late payment charge shall be a lien against the parcel of property against which it accrued as of the accrual date. The amount of the late payment charge shall be equal to 3% of the delinquent balance for charges which are billed quarterly and 1% of the delinquent balance for charges which are billed monthly, which interest shall be compounded.
[Amended 6-4-1985 by Ord. No. 85-234; 4-24-2012 by Ord. No. 2012-129[1]]
[1]
Editor's Note: This ordinance provided an effective date of 7-1-2012.
B. 
Added to taxes. Any delinquent water charges remaining unpaid on May 15 may be added to the upcoming year's tax bill for the parcel of property against which they are a lien. The amount added to taxes shall include late-payment charges accrued through June 30. Late-payment charges shall not continue to accrue after June 30 against a charge which is added to taxes.
[Amended 9-16-2008 by Ord. No. 2008-334[1]; 11-19-2013 by Ord. No. 2013-376]
Upon request of the property owner, the Waterworks will shut off the supply of water to a property at the curb valve for the purpose of allowing short-term repairs or improvements to be made. There shall be no charge for this service.
[1]
Editor's Note: This ordinance provided an effective date of 10-6-2008.
The owner of an unoccupied parcel of property may request that water service be discontinued. Upon such request and with the cooperation and assistance of the owner, the Waterworks shall turn off the water at the curb valve, shall remove the meter or meters from the service and shall take such further steps as may be necessary to assure that no water is supplied to the premises. During the period of discontinuance, no water bills will be issued. Upon request of the owner, the meter will be reinstalled and the water turned on by the Waterworks.
A. 
Conditions. The water supply to a property may be shut off by the Director of Water when any of the following conditions have not been corrected after notification by the Director:
(1) 
Leaky or defective service pipe.
(2) 
Improper or deteriorated piping at the water meter.
(3) 
Consumption of water not properly registering on a meter.
(4) 
No safe access to the water meter.
(5) 
Refusal to allow access to meter for reading at least once a year.
(6) 
Refusal to allow access to meter or remote read device for servicing.
[Amended 9-16-2008 by Ord. No. 2008-334[1]]
[1]
Editor's Note: This ordinance provided an effective date of 10-6-2008.
(7) 
Failure to comply with § 23-7D, cross-connections.
[Added 6-4-1985 by Ord. No. 85-234]
B. 
Immediate shutoff. Where a leaky or defective service pipe is causing damage, a hazardous condition, or when a backflow of contaminants into the City water supply exists, the water may be shut off as soon as the condition is discovered.
[Amended 6-4-1985 by Ord. No. 85-234]
C. 
Vacant and boarded-up building. The water supply to a vacant and boarded-up building may be shut off at the curb valve by the Director of Water.
[Added 6-4-1985 by Ord. No. 85-234]
A. 
Water bills delinquent. If directed by the Commissioner of Environmental Services, water service may be shut off, as provided in this section, to any parcel for which water bills have remained delinquent and unpaid for a period of at least six months.
B. 
Notice of shutoff. A notice shall be mailed to the owner of the premises, at the owner's last known address, shall be mailed or delivered to each tenant of the premises and shall be posted in at least two conspicuous places on the premises. Such notice shall state that water service will be shut off unless all delinquent water bills are paid and shall state that a hearing may be had by the owner or any tenant to contest the validity of the water charges in question or to show an error in the statement of the delinquency. Such notice shall also give the name, job title, address and telephone number of a Waterworks employee who may be contacted to arrange a hearing. The notice shall state a deadline, at least 10 days after the mailing and posting of the notice, by which the hearing must be requested or shall be deemed waived.
C. 
No hearing requested. If no hearing is requested by the deadline date stated in the notice, then the Commissioner may proceed to cause the water service to be terminated.
D. 
Hearing. If a hearing is requested on or before the deadline date by an owner or tenant of the premises, a hearing shall be scheduled before a hearing officer appointed by the Commissioner. The applicant may be accompanied by any other persons and may present at the hearing any information, testimony and documentation by which to support the claim. Minutes shall be kept of the hearing. The hearing officer shall make a report to the Commissioner, and the Commissioner shall decide whether any error was made in the water billing and whether water service shall be discontinued. The decision of the Commissioner and the report of the hearing officer shall be mailed to the applicant. If the final decision of the Commissioner is to terminate water service, his or her decision shall state when termination will occur, and such termination date shall not be less than 10 days after the mailing of the decision.
[Amended 2-14-2006 by Ord. No. 2006-22]
E. 
Resumption of service. If and when all delinquent bills are paid, the water shall be turned back on by the Waterworks.
[Amended 11-19-2013 by Ord. No. 2013-376]
When the supply of water to a parcel is turned back on by the Waterworks after being turned off, under § 23-20, 23-21, 23-22 or 23-27, a service resumption fee pursuant to § 23-37F(3) shall be charged. If water is turned off pursuant to § 23-19, the service resumption fee shall be charged when the supply of water to a parcel is turned back on by the Waterworks on a Saturday, Sunday or holiday.
A. 
City will attempt to thaw. Upon receipt of a request from an owner or occupant of premises with a frozen water service, the Waterworks shall attempt to thaw the frozen service for a period of time up to one hour for services up to one inch and up to three hours for services over one inch. If the attempt is not successful, the City shall have no responsibility to make any other or further efforts to thaw the service, and no charge shall be made. If the attempt is successful, a fee pursuant to § 23-37F(2) shall be charged, and the occupant of the premises will be encouraged to maintain a constant flow of water through the service to prevent refreezing. To compensate for the additional water consumed thereby, the metered consumption on the next succeeding water bill for the premises shall be reduced by 7,000 gallons.
B. 
Refreezing. If the service refreezes within seven days of being thawed by the Waterworks and if the owner or occupant requests the Waterworks to thaw it again, another attempt shall be made, as provided above, to thaw the service. However, the owner shall lose the right to a water bill reduction as authorized above, and, if the attempt is successful, a higher fee shall be charged, pursuant to § 23-37F(2). If the attempt is not successful, no fee shall be charged.
C. 
Liability. The City shall bear no liability for defects in the water service prior to or resulting from its freezing, unless the defects were caused directly by the actions of the City.
A. 
Building demolition. When any person obtains a permit from the Commissioner of Neighborhood and Business Development, pursuant to § 39-207 of the City Code for the demolition of a building, that person shall be required to pay, in addition to any other fees charged by the Department of Neighborhood and Business Development, a water service disconnection fee, pursuant to § 23-37F(5), covering the Waterworks' cost of permanently disconnecting the water service from the street main.
[Amended 6-27-1985 by Ord. No. 85-263; 6-16-2009 by Ord. No. 2009-179]
B. 
Replacement of existing service. If a property owner requests a new or enlarged water service, any old service or services which will not be used must be permanently disconnected at the water main. The permanent disconnection of any such service shall be performed by the Waterworks after payment of a service disconnection fee by the property owner, pursuant to § 23-37F. However, in certain instances when the new tap is within three feet of the old tap, and upon approval of the Director of Water and inspection by the Waterworks, the work required to permanently disconnect such service may be performed by a plumber. All costs for permits and necessary street or sidewalk restoration shall be borne by the property owner.
[Amended 6-4-1985 by Ord. No. 85-234; 9-16-2008 by Ord. No. 2008-334[1]]
[1]
Editor's Note: This ordinance provided an effective date of 10-6-2008.
C. 
Unused services. If an existing unused service is leaking or has not been used during the preceding two-year period, the Waterworks may permanently disconnect the service at the water main without a charge to the property owner. The Waterworks has no obligation to maintain any unused water service or reconnect it in the event the water main is replaced.
[Amended 6-4-1985 by Ord. No. 85-234]
A. 
Single service. A group of separately owned residential units may be served by a single water service pipe, provided that the Director of Water determines that installation of separate services is not feasible and provided that the owners of all units served by such pipe, either individually or by an association representing them, agree to guarantee payment of all water charges which accrue against all units.
B. 
Single meter. If the service has a single meter, then a single water bill shall be issued. Any delinquent charges shall be a lien on all units.
C. 
Multiple meters. If the service has multiple meters serving each of the separately owned units, then a separate bill shall be issued for each unit. Delinquent charges shall be a lien only on the unit to which they were billed.
D. 
Responsibilities of unit owners. All unit owners, either individually or by an association representing them, shall be responsible for the obligations placed on property owners by this chapter. Whether owned by the City or by the unit owners, the service pipe shall be installed and maintained at the expense of the unit owners, except for maintenance between the connection with the main and the curb valve, inclusive, which shall be provided by the City at no charge.
E. 
Specifications. The water service and meters shall be installed in accordance with any special requirements imposed by the Director of Water in the water specifications.
A. 
Backflow prevention device. The Waterworks may at any reasonable time inspect any parcel in order to determine if a hazard exists due to an actual or potential cross-connection between the water system and any potential source of contamination. In any case where the Director of Water deems such hazard to exist, he or she may require the property owner to install an approved backflow prevention service in every water service line to the parcel for which a potential hazard exists. Such devices shall be installed at or as near the service connection as may be required by the Director of Water. Such backflow preventers shall be designed and installed in accordance with all regulations of Part 5, 1.31, of the New York State Sanitary Code and must be approved by the Director and the New York State Health Department prior to installation. All costs of installation and maintenance shall be borne by the property owner.
[Amended 6-4-1985 by Ord. No. 85-234; 2-14-2006 by Ord. No. 2006-22; 9-16-2008 by Ord. No. 2008-334[1]]
[1]
Editor's Note: This ordinance provided an effective date of 10-6-2008.
B. 
Cross-connection hazard. The following types of facilities are deemed to be especially likely to have cross-connection hazards:
(1) 
Automobile plants.
(2) 
Auxiliary water systems, such as wells.
(3) 
Beverage-bottling plants.
(4) 
Breweries.
(5) 
Food-processing plants.
[Amended 6-4-1985 by Ord. No. 85-234]
(6) 
Chemical plants and plating facilities.
(7) 
Film laboratories.
(8) 
Hospitals, medical buildings, sanitariums, morgues and mortuaries.
(9) 
Irrigation systems.
(10) 
Laundries and dye works.
(11) 
Meat-packing plants.
(12) 
Metal manufacturing, cleaning and fabricating plants.
(13) 
Radioactive materials production or research plants.
(14) 
Restricted, classified or other facilities closed to inspection.
(15) 
Sewage and storm-drain facilities.
(16) 
Buildings heated by boilers where treatment chemicals are used.
[Added 6-4-1985 by Ord. No. 85-234]
(17) 
Buildings with certain types of air-conditioning systems.
[Added 6-4-1985 by Ord. No. 85-234]
(18) 
Automobile washing facilities.
[Added 6-4-1985 by Ord. No. 85-234]
(19) 
Swimming pools.
[Added 6-4-1985 by Ord. No. 85-234]
(20) 
Printing operations.
[Added 6-4-1985 by Ord. No. 85-234]
(21) 
Furniture stripping.
[Added 6-4-1985 by Ord. No. 85-234]
(22) 
Lawn sprinkler systems.
[Added 9-16-2008 by Ord. No. 2008-334[2]]
[2]
Editor's Note: This ordinance provided an effective date of 10-6-2008.
(23) 
Any service determined to be a cross-connection hazard by the Director or his designee.
[Added 9-16-2008 by Ord. No. 2008-334[3]]
[3]
Editor's Note: This ordinance provided an effective date of 10-6-2008.
C. 
Testing. All backflow prevention devices shall be tested at least once a year by a tester certified by the New York State Department of Health in accordance with Part 5, 1.31, of the New York State Sanitary Code and the results of the test submitted to the Director of Water. If annual test reports are not received, the Waterworks may test the backflow prevention device for a fee pursuant to § 23-37F. All costs of testing shall be borne by the property owner.
[Added 6-4-1985 by Ord. No. 85-234]
D. 
Water shutoff. If a required backflow prevention device is not installed or tested within the period of time set by the Director, the supply of water to the premises may be shut off by the Waterworks until compliance is gained.
[Amended 6-4-1985 by Ord. No. 85-234]
E. 
Restrictive covenant agreements. The Mayor is authorized to enter into restrictive covenant agreements with various commercial and industrial facilities regarding the installation of backflow prevention devices on their real property. These agreements shall allow backflow prevention devices to be installed in a main building with a meter at the property line as long as there are no taps between the meter and the main building, while requiring that if a tap is installed between the meter and the main building, then backflow prevention devices must be removed to the property line. These agreements shall be binding on all successors to the property and may be dischargeable by the Mayor whenever such backflow prevention devices are no longer required by law or ordinance for said property. The agreements shall contain such additional terms and conditions as the Mayor deems to be appropriate.
[Added 6-27-1985 by Ord. No. 85-287; amended 11-12-1985 by Ord. No. 85-480]
[Amended 2-14-2006 by Ord. No. 2006-22]
Whenever a street containing a water main is abandoned by the City, the owner of the former street bed must submit to the Director of Water for his or her approval plans for either abandoning the main or converting it to a private water service. If the Director finds that such plans are adequate, he or she shall approve them. All necessary work shall be done by and at the expense of the property owner.
A. 
Hydrant use permit. An application may be made to the Director of Water for a permit to take water from a fire hydrant of the City. If such a permit is granted, an extension nozzle, meter, wrench, reduced pressure zone backflow prevention device and appropriate fittings will be provided by the Waterworks to the applicant, and all water taken from the hydrant shall be taken through such nozzle, meter and reduced pressure zone backflow prevention device. The nozzle, wrench, meter fittings and reduced pressure zone backflow prevention device shall be returned to the Waterworks upon or before expiration of the permit. Hydrant permits may be issued for one month or the expected duration of the project and must be prepaid. Renewals must be prepaid. The applicant is responsible for properly supporting the meter-backflow assembly from the ground. The applicant is responsible for properly protecting the assembly. Hydrant permits will be issued only for domestic hydrants. All high-pressure Holly hydrants (painted with white dome) will not be used. The applicant will be expected to call at least 24 business hours in advance of obtaining the permit with the required nozzle size and hydrant location, to give the Water Bureau time to unlock the hydrant and prepare the assembly. If the applicant needs to move the assembly to another hydrant, he will be expected to call Dispatch (585-428-7500) at least 24 hours in advance to give the Water Bureau time to unlock the next hydrant. The applicant will be expected to follow all written instructions issued with the permit. No hydrant permit will be issued for any use which the Director deems to be a potential hazard or nuisance.
[Amended 9-2-1986 by Ord. No. 86-292; 6-17-2014 by Ord. No. 2014-184]
B. 
Charges. A monthly fee shall be charged for each hydrant permit pursuant to § 23-37E(1) and (2), and a refundable deposit shall be required pursuant to § 23-37E(3) for each nozzle, wrench, meter and reduced pressure zone backflow prevention device taken. In addition, the applicant shall pay either the minimum hydrant water consumption charge pursuant to § 23-37E(2) or a metered water consumption charge at the regular metered consumption rates set forth in § 23-37A(1), at the discretion of the Director. If the Director requires the payment of metered consumption charges, a meter will be supplied to the applicant by the Waterworks, and the applicant shall make a refundable deposit for the meter at the rates set forth in § 23-37B. The applicant will also be charged the cost of any repairs or replacements necessitated by such use of the hydrant, nozzle, wrench, meter and reduced pressure zone backflow prevention device. The costs will include water main repair, hydrant repair, road restoration and other damages caused by the rapid opening or closing of the valving or hydrant, known as "water hammer." Water hammer will cause excessive flow and pressure variations that may break the water mains. Hydrant permits issued to contractors for demolition are permitted to use their own backflow device, without a meter. The Permit Office will charge the normal fees for hydrant use and minimum monthly consumption charge, as a part of the abandonment permit.
[Amended 9-2-1986 by Ord. No. 86-292; 9-16-2008 by Ord. No. 2008-334[1]; 6-16-2009 by Ord. No. 2009-177; 6-17-2014 by Ord. No. 2014-184]
[1]
Editor's Note: This ordinance provided an effective date of 10-6-2008.
C. 
Private fire hydrants. All private fire hydrants shall be painted red to clearly distinguish them from City hydrants. All private Holly hydrants shall have the barrel painted red and the bonnet painted white to prevent cross-connection. All unmetered private fire hydrants must have locks supplied and installed by the Waterworks. Fees will be paid pursuant to § 23-37E(5)(a) and (b). All unmetered private fire hydrants shall be billed a quarterly fire service charge pursuant to § 23-37C. The charge shall be based-upon the size of the service pipe in lieu of the check valve size. Private fire hydrants shall be used only for fire-fighting purposes.
[Added 6-4-1985 by Ord. No. 85-234; amended 9-16-2008 by Ord. No. 2008-334[2]]
[2]
Editor's Note: This ordinance provided an effective date of 10-6-2008.
Fire hydrants will be moved by the Waterworks only in the event the Director of Water determines that a hydrant is an obstruction or a safety hazard and only upon payment by the adjoining property owner of the required fees, pursuant to § 23-37E(5). Requests for moving hydrants shall be made, in writing, to the Director of Water.
A. 
Taking water. No person shall take water or permit water to be taken from the City's water distribution system other than through a metered service or by permit through a hydrant. No person shall open a City hydrant or valve to obtain water except those with written authorization from the Director of Water or those City employees who are required to operate such equipment as part of their normal work duties. No person shall allow an unauthorized connection before a backflow prevention device. No person shall remove or tamper with the meter in a service, or open the bypass valve in a service, or otherwise cause water to be delivered to any premises which does not properly register on a meter. No person shall accept water knowing that the water consumption has not been properly registered on a meter. No person shall take or accept water without paying for it.
[Amended 6-4-1985 by Ord. No. 85-234]
B. 
Presumptions. If a bypass valve has been opened or if the meter has been removed or tampered with or if some other condition is found to exist in a water service which would permit the delivery of water to the premises without the proper registry thereof on a meter, it shall be presumptive evidence that the person or persons who accepted or received the use or benefit of the water did so with knowledge of the illegal condition.
C. 
Meters. No person shall cause damage to a hydrant or meter. All meters are and remain the property of the City. No person shall remove a meter from a service where it is installed without authorization. No person shall retain possession of a meter belonging to the City.
D. 
Reservoirs. No person shall swim in or otherwise enter any City reservoir, including Highland Reservoir, Cobbs Hill Reservoir and Rush Reservoir, without proper authorization. No person shall throw or deposit any substance or object into any City reservoirs. The areas surrounding Highland Reservoir, Cobbs Hill Reservoir and Rush Reservoir, inside the fence, shall not be open to the public at any time, and no person shall enter those areas without proper authorization.
[Added 6-4-1985 by Ord. No. 85-234; amended 9-16-2008 by Ord. No. 2008-334[1]]
[1]
Editor's Note: This ordinance provided an effective date of 10-6-2008.
E. 
Penalties. Violation of any of the provisions of this section shall be punishable by a fine not exceeding $150 or imprisonment not exceeding 15 days, or by both fine and imprisonment, or by a penalty not less than $25 nor more than $500 to be recovered by the City in a civil action. Penalties imposed by this section shall be in addition to any other penalties imposed by law.
[Amended 6-4-1985 by Ord. No. 85-234]
A. 
Water pressure. The City makes no guaranty as to water pressure and may change pressures as necessary. In the event that the pressure in any individual service is inadequate and the installation of a pump is necessary, the pump shall be installed, operated and maintained by and at the expense of the property owner. Such pumps must be approved by the Director prior to installation
B. 
Nontoxic impurities. The City makes no guaranty that its water will be free at all times of rust or other nontoxic impurities. Any property owner or occupant, either residential, commercial or industrial, who requires water of high purity is responsible for the installation and expense of any necessary filters or treatment equipment.
The City may shut off the water supply through the water mains of the City in cases of water main breaks or due to operational requirements or emergencies. When practicable, notice of a shutoff will be given in advance. However, even when notice is not given, neither the City nor its employees shall be liable for any damage that may occur as a result of such shutoff.
In the case of a drought or other water shortage, the Commissioner shall have the authority to promulgate rules restricting the use of water by consumers in the City. Such rules may include provisions imposing penalties for violation of the rules, up to $500 per violation.
[Amended 6-4-1985 by Ord. No. 85-234]
Upon request by a property owner concerning any water bill, the Director shall review the complaint and notify the property owner of the determination in writing. The complainant may appeal the Director's decision to the Commissioner in writing within 20 days after the Director's determination.
The Director of Water is hereby authorized and directed to promulgate waterworks specifications, governing the materials, size and design of water services, meters, valves and other fittings and to amend them from time to time. The current waterworks specifications shall be on file in the office of the Director of Water and shall be available on request.
A. 
Consumption rates.
[Last amended 6-17-2025 by Ord. No. 2025-210[1]]
(1) 
Consumption charge; schedule of rates.
Gallons Consumed per Month
Charge per 1,000 Gallons
0 to 300,000
$4.30
300,001 to 1,000,000
$3.87
1,000,001 to 13,000,000
$3.01
Over 13,000,000
$1.73
(2) 
Base charge.
Size of Meter
(inches)
Charge per Month
5/8
$10.30
3/4
$15.48
1
$44.76
1 1/2
$66.30
2
$88.69
3
$221.63
4
$442.85
6
$663.90
8
$1,443.54
10
$2,165.32
[1]
Editor's Note: This ordinance provided an effective date of 7-1-2025.
B. 
Water meter fees.
[Last amended 6-20-2023 by Ord. No. 2023-232[2]]
(1) 
Schedule.
Meter Size Type
(inches)
Fee
 5/8
$195
 3/4
$220
1
$275
1 1/2
$500
2
$605
3/Turbo
*
3/Compound
*
4/Compound
*
6/Turbo
*
6/Turbo with fire service strainer
*
6/Compound
*
6/Electrical
*
10/Turbo
*
10/Turbo with fire service strainer
*
10/Electrical
*
*NOTE: The City's purchase cost, plus 10% for administrative and installation costs, for compound and turbo-type water meters.
(2) 
Meters from 5/8 inch through two inches include connections. Connections for meters from three inches through 10 inches shall be furnished by the property owner.
[2]
Editor's Note: This ordinance provided an effective date of 7-1-2023.
C. 
Fire-service charges.
[Last amended 6-17-2025 by Ord. No. 2025-210[3]]
(1) 
Domestic fire-service charge.
Size of First Check Valve
(inches)
Charge per Quarter
Up to 2
$49.99
4
$98.89
6
$195.62
8
$387.97
10
$573.80
12
$824.84
(2) 
Holly high-pressure fire-service charge.
Size of First Check Valve
(inches)
Charge per Quarter
Up to 2
$136.93
4
$274.95
6
$365.15
8
$728.12
10
$1,075.88
(3) 
Holly high-pressure consumption charge: $13.17 per 1,000 gallons.
[3]
Editor's Note: This ordinance provided an effective date of 7-1-2025.
D. 
Service connection fees.
[Last amended 6-20-2023 by Ord. No. 2023-232[4]]
Size of Service
(inches)
Fee
 3/4
$85
1
$100
1 1/2
$200
2
$275
4 through 12
Actual cost plus 10%, but at least $500
[4]
Editor's Note: This ordinance provided an effective date of 7-1-2023.
E. 
Hydrants.
[Last amended 6-19-2001 by Ord. No. 2001-220]
(1) 
Hydrant use permit, monthly charge: $55.
(2) 
Minimum monthly consumption charge: $75.
(3) 
Temporary hydrant meter, fittings, wrench, and reduced pressure zone backflow prevention device deposit fee: $1,360.
(4) 
Hydrant-moving charge: actual cost plus 10%.
[Amended 6-17-2008 by Ord. No. 2008-203[5]]
[5]
Editor's Note: This ordinance provided an effective date of 7-1-2008.
(5) 
Hydrant use fees.
(a) 
Initial maintenance agreement processing fee: $100.
(b) 
Furnish and install fire hydrant locking device: $350.
[Amended 6-22-2004 by Ord. No. 2004-169; 6-17-2008 by Ord. No. 2008-203; 6-18-2013 by Ord. No. 2013-165[6]]
[6]
Editor's Note: This ordinance provided an effective date of 7-1-2013.
(c) 
Annual inspection and lubrication: $50 each.
[Amended 6-22-2004 by Ord. No. 2004-169[7]]
[7]
Editor's Note: This ordinance provided an effective date of 7-1-2004.
(d) 
Repairs to hydrants: actual cost, plus 10%.
F. 
Miscellaneous.
[Amended 5-25-1982 by Ord. No. 82-208]
(1) 
Replacement of broken seal (§ 23-12): $75.
[Last amended 6-20-2023 by Ord. No. 2023-232[8]]
[8]
Editor's Note: This ordinance provided an effective date of 7-1-2023.
(2) 
Thawing frozen service.
[Last amended 6-20-2023 by Ord. No. 2023-232[9]]
(a) 
First attempt: $85.
(b) 
Subsequent attempts: $100.
[9]
Editor's Note: This ordinance provided an effective date of 7-1-2023.
(3) 
Service resumption charge: $50. This fee shall not apply to the renewal of residential water service, less than two inches, to which the fee established in § 40-19B(14) shall apply.
[Last amended 6-17-2008 by Ord. No. 2008-203[10]]
[10]
Editor's Note: This ordinance provided an effective date of 7-1-2008.
(4) 
Meter test charges:
[Last amended 6-20-2023 by Ord. No. 2023-232[11]]
(a) 
Five-eighths-inch through one-inch: $95.
(b) 
One-and-one-half-inch through two-inch: $150.
(c) 
Three-inch and over: $225.
[11]
Editor's Note: This ordinance provided an effective date of 7-1-2023.
(5) 
Service disconnection charges, also known as an "abandonment fee":
[Last amended 6-20-2023 by Ord. No. 2023-232[12]]
(a) 
Two inches and under:
[1] 
Requires restoration of tree lawn only: $1,500.
[2] 
Requires restoration of pavement: $2,500.
(b) 
Three inches and over: actual cost plus 10%.
[12]
Editor's Note: This ordinance provided an effective date of 7-1-2023.
(6) 
(Reserved)[13]
[13]
Editor's Note: Former Subsection F(6), concerning pickup-run service installed by Waterworks, added 6-4-1985 by Ord. No. 85-234, as amended, was repealed 6-17-2008 by Ord. No. 2008-203.
(7) 
(Reserved)[14]
[14]
Editor's Note: Former Subsection F(7), regarding refundable deposits for temporary hose connections, added 6-4-1985 by Ord. No. 85-234, was repealed 6-16-1998 by Ord. No. 98-245.
(8) 
Backflow prevention devices.
[Added 6-4-1985 by Ord. No. 85-234; last amended 6-20-2023 by Ord. No. 2023-232[15]]
(a) 
Backflow prevention device: $20.
(b) 
Test backflow prevention device: $165.
[15]
Editor's Note: This ordinance provided an effective date of 7-1-2023.
(9) 
Wholesale rate: $1.96 per 1,000 gallons for water drawn from a City water main connection for Water District 1 of the Town of Lima.[16]
[Added 3-15-1988 by Ord. No. 88-69; last amended 6-17-2025 by Ord. No. 2025-210[17]]
[16]
Editor's Note: Former Subsection F(10), regarding private fire hydrant inspections, added 6-14-1994 by Ord. No. 94-171, which immediately followed this subsection, was repealed 6-16-1998 by Ord. No. 98-245.
[17]
Editor's Note: This ordinance provided an effective date of 7-1-2025.