For the purposes of this article, the following definitions shall apply:
BUILDING
A residential dwelling unit(s), a public and/or quasi-public unit(s),
a commercial and/or industrial unit(s) to which water is supplied by the Montville
water system through one meter.
DEPARTMENT
The Sewer and Water Department of the Town of Montville.
OWNER
The title owner(s), as recorded in the Montville land records, of
the building(s) and/or land supplied water by the water system.
TOWN
The Town of Montville.
Public fire hydrant service connection costs and water use charges plus
the ten-percent local surcharge shall be paid by the Town pursuant to contract
with the water supplier and any subsequent revisions or modifications thereto.
All rates and charges as established by the provisions of this article
and billed to the property owner which remain unpaid for 30 days after the
due date shall be and shall remain a lien against the served property until
such rates, charges, interest, shutoff fees and lien fees have been paid and
the Town shall have the authority to foreclose such liens. Such liens shall
take precedence over all other liens or encumbrances except taxes and may
be foreclosed against the lot or building served in the same manner as a lien
for taxes. Lien fees shall be charged at the same rate as that for unpaid
taxes. Such liens shall be released by the Town upon payment of such rates,
charges and fees.
Bills which are incorrect due to meter or billing errors shall be adjusted
as follows:
A. Whenever a meter in service is tested and found to have
over-registered more than 4%, the Department shall adjust the owner's bill
for the excess amount paid as determined below:
(1) If the time at which the error first developed or occurred
can be definitely determined, the amount of overcharge shall be based thereon.
(2) If the time at which the error first developed or occurred
cannot be definitely determined, it shall be assumed that the over-registration
existed for a period equal to one-half of the time since the meter was last
tested. If more than one owner received service through the meter during the
period for which the fund is due, a refund shall be paid to the present owner
only for the time during which he received service through the meter.
B. Whenever a meter in service is found not to register,
the Department may render an estimated bill. The Department shall estimate
the charge for the water used by averaging the amount registered over a similar
period preceding or subsequent to the period of nonregistration or for a corresponding
period in previous years, adjusting for any changes in the owner's usage.
C. When an owner has been overcharged as a result of incorrect
reading of the meter, incorrect calculation of the bill, incorrect connection
of the meter or other similar reasons, the amount of the overcharge shall
be adjusted, refunded or credited to the owner.
D. When an owner has been undercharged as a result of incorrect
reading of the meter, incorrect calculation of the bill, incorrect connection
of the meter or other similar reasons, the amount of the undercharge may be
billed to the owner.
When transfers of property served by the water system are to be made,
the owner shall request the water meter to be read at least two business days
in advance, and a final bill will be prepared and available in the Department
office. Said final bill must be paid prior to transfer of the service to the
buyer, and the seller shall be liable for all charges to the date of written
notice to transfer the service. The seller shall furnish the Department with
the name and mailing address of the buyer. The new owner (buyer) must apply
for service in the Department office and pay a transfer fee of $10.
No person shall be entitled to damages, nor to have any portion of a
payment refunded for any stoppage of water supply occasioned by accident to
any portion of the works nor for stoppage for purpose of additions or repairs,
nor for nonuse occasioned by absence or any other reason, and the Town of
Montville water system shall have the right at all times to shut off the water
temporarily without notice (although it is intended that prior notice will
be given when possible) for necessary repairs, extensions or other necessary
work connected with the distribution system or for causes beyond its control.
The Department may restrict or regulate the quantity of water used by consumers
in case of scarcity or whenever the public welfare may require it.
No person shall be entitled to compensation for damage due to termination
of service due to unpaid water use rates and charges as established by the
provisions of this article.
The duly authorized agents or representatives of the Department shall
have the right of access at all reasonable hours to the premises supplied
with water for the purpose of reading meters, examining meters, pipe connections
and fixtures thereof, etc., and for observing the manner of the use of water
and for any other necessary purpose, and said agents and/or representatives
shall supply the proper credentials of their authority upon request by the
owner or the owner's representative.
The Town shall be subject to the same water use rates and charges under
the same conditions and terms as other users of the water system.
The Town reserves the right to change and amend from time to time these
terms, conditions, rates and charges for the use of water in accordance with
the contract with the water supplier and/or the Connecticut General Statutes,
as amended.