[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Editor's Note: This ordinance also repealed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:
The City of Rochester.
The head of the Department of Environmental Services or his
or her designee.
[Amended 2-14-2006 by Ord. No. 2006-22]
The Director of Water or his or her designee.
[Amended 2-14-2006 by Ord. No. 2006-22]
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]
A plumber who is properly licensed and registered in the
City of Rochester.
A water service pipe supplying water from a street main to
an individual property.
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.
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.
[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.
[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.
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.
[1]
Editor's Note: Former § 23-16, Ownership
transfer charge, was repealed 1-11-1983 by Ord. No. 83-8.
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.
[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.
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.
(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.
[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]
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.
[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.
[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 6-18-2024 by Ord. No. 2024-205[1]]
(1)
Consumption charge; schedule of rates.
|
Gallons Consumed per Month
|
Charge per 1,000 Gallons
|
|---|---|
|
0 to 300,000
|
$4.10
|
|
300,001 to 1,000,000
|
$3.68
|
|
1,000,001 to 13,000,000
|
$2.87
|
|
Over 13,000,000
|
$1.65
|
(2)
Base charge.
|
Size of Meter
(inches)
|
Charge per Month
|
|---|---|
|
5/8
|
$9.81
|
|
3/4
|
$14.74
|
|
1
|
$42.63
|
|
1 1/2
|
$63.15
|
|
2
|
$84.47
|
|
3
|
$211.08
|
|
4
|
$421.76
|
|
6
|
$632.28
|
|
8
|
$1,374.80
|
|
10
|
$2,062.21
|
[1]
Editor's Note: This ordinance provided an effective date of
7-1-2024.
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 6-18-2024 by Ord. No. 2024-205[3]]
(1)
Domestic fire-service charge.
|
Size of First Check Valve
(inches)
|
Charge per Quarter
|
|---|---|
|
Up to 2
|
$47.61
|
|
4
|
$94.19
|
|
6
|
$186.30
|
|
8
|
$369.50
|
|
10
|
$546.48
|
|
12
|
$785.57
|
(2)
Holly high-pressure fire-service charge.
|
Size of First Check Valve
(inches)
|
Charge per Quarter
|
|---|---|
|
Up to 2
|
$130.41
|
|
4
|
$261.86
|
|
6
|
$347.76
|
|
8
|
$693.45
|
|
10
|
$1,024.65
|
(3)
Holly high-pressure consumption charge: $12.54 per
1,000 gallons.
[3]
Editor's Note: This ordinance provided an effective date of
7-1-2024.
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.
F.
Miscellaneous.
[Amended 5-25-1982 by Ord. No. 82-208]
(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.
(5)
