[Adopted 1-9-1984 by Ord. No. O-H-2
(Part 127 of the 1991 Compilation)]
For the purposes of this article, the following definitions shall apply:
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.
The Sewer and Water Department of the Town of Montville.
The Town Council of the Town of Montville.
The title owner(s), as recorded in the Montville land records, of
the building(s) and/or land supplied water by the water system.
The Town of Montville.
The municipally owned Montville water system.
A.
All water use rates and other charges established by
this article shall be billed to the property owner. Prompt notice shall be
given to the Department of a change in the billing address of the owner. Failure
to receive a bill does not relieve the owner of the obligation of its payment
nor from the consequences of its nonpayment. Whenever an owner sells or transfers
property for which application for service has been approved, the owner shall
promptly notify the Department in writing, giving the name and address of
the new owner.
B.
All water use rates shall be billed on a calendar quarterly
basis to the owner after meter reading by a duly authorized agent or representative
of the Department. All bills are due and payable within 30 days after the
due date which shall be the 15th day of the month following the end of a calendar
quarter and shall be payable to the Montville Water System at 310 Norwich-New
London Tpke., Uncasville, Ct. 06382.
C.
All charges for other than use rates as established by
this article shall be billed at the time the basis for the charges is created.
Those charges shall be due and payable within 30 days after the due date of
the charges billed and shall be payable to the Montville Water System at 310
Norwich-New London Tpke., Uncasville, Ct. 06382.
D.
All overdue bills for water use rates and other charges
shall bear interest at the same rates as for unpaid taxes.
A.
Water use rates to approved owners shall be the City
of New London water use rates charged outside the limits of the City of New
London, plus a ten-percent surcharge; said rates and charges to cover the
costs of water, administrative fees and expenses; maintenance, repair and
capital replacement, reserve, contingency and undetermined pipe rental charges,
if any, by the Town of Waterford.
B.
There shall be a minimum quarterly use rate per meter
to be collected in accordance with the provisions of rate Schedule A.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
C.
There shall be a charge of $15 billed to the owner for
relocation of a meter.
D.
There shall be a charge of $15 for removal of a meter
for discontinuation of service at the owner's request. There shall be the
usual thirty-dollar permit fee for reinstallation of the meter and the service.
E.
There shall be a fifteen-dollar charge for reconnecting
any service which has been disconnected for failure to pay the rates and charges
as established by the adoption of this article.
F.
There shall be a charge of $15 for a meter test requested
by the owner, provided the test shows that the meter is reading to within
a four-percent accuracy.
G.
For temporary use of water by contractors and others
for such purposes as construction where the use of a meter is not practical,
a flat rate per day or portion of a day shall be charged. For extended use,
a flat rate per week shall be charged.
H.
All damages to meters which shall be owned, installed
and maintained by the Town which is caused by neglect, carelessness, mischief
and/or vandalism by the property owner and/or his lessees shall be chargeable
to the owner and connected in accordance with the provisions of this article.
I.
These rates and charges will be set forth in detail in Schedules A and B which shall be part of this article and shall be attached hereto.[2]
[2]
Editor's Note: Schedules A and B are included at the end of this chapter.
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.
A.
Any bills for rates and/or charges as established by
the provisions of this article which remain unpaid after 30 days after the
due date of any and all of the rates and charges billed to the owner shall
be considered delinquent and shall constitute a lien upon the property served
in favor of the Town of Montville and shall be subject to interest at the
same rate as that charged for unpaid taxes.
B.
Bills which remain unpaid for two months from the due date shall cause the Department to send a final notice mailed by registered mail to the owner and shall give a two-week (fourteen-day) notice from the date of receipt by the owner in which to pay the arrears as written in the notice and shall detail the owner's right to a review and his right to consideration due to serious illness. This right of review shall be outlined in § 386-18 of this article describing the rights of appeal.
C.
If, after 14 days from the date of the receipt of the
final notice by the owner, there has been no payment received by the Department
or no arrangement for payment has been made or no claim of serious illness
has been made and no change has been made in the position of the Department,
a notice to terminate service may be given to the agent or representative
of the water system and service shall be disconnected. Service will not be
reconnected until all arrears charges and fees are paid or arrangements for
payment at the satisfaction of the Department are made.
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.
A.
Any owner who has a question or complaint or who disputes
all or part of his bill after receiving a termination notice (final bill)
may contact the Department. If the owner remains unsatisfied, he may request
the Mayor of the Town of Montville in writing to review the problem. Any such
request must be made within 10 days after receipt of the final notice. If
the dispute remains unresolved after a written decision is issued by the Mayor,
the owner may request a further investigation and hearing by the Town Council
of the Town of Montville. This request must be made in writing within five
days after receipt of the written decision by the Mayor.
B.
If any person presently and normally living in a residence
is seriously ill, the Department will not shut off water service during such
illness if the resident has his doctor or someone from the doctor's office
call the Department within seven days from the time the owner received a final
notice from the Department. The doctor shall, within one week, follow up the
telephone call with a letter stating the nature and length of the illness.
The owner will be required to make an equitable arrangement to pay past due
bills and to pay on a current basis all future bills while the illness continues.
C.
A copy of this appeal procedure shall be mailed with
each final notice.
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.
A.
The owner shall own and be responsible for repair and
maintenance of the service connection line from the main to the building and
shall be obligated to protect Town-owned meters, fixtures and appurtenances
from freezing and other damage, from whatever cause.
B.
The obligation for thawing any frozen services and meters
shall be the responsibility of the owner.
A.
All damages to water mains, fire hydrants and/or meters
installed by the Town caused by the owner or his agent in putting in sewers,
drains, pipes or in any other manner shall be chargeable to the owner, and
such charges shall be collected in accordance with the provisions of this
article.
B.
No owner or his lessees shall be compensated for damages
to his property or appurtenances thereof because of damage caused by his neglect,
carelessness, mischief and/or vandalism or by his lessees to any water mains,
service mains, hydrants and/or meters.
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.
