[HISTORY: Adopted by the Town Board of the Town of Canandaigua 6-20-1966 (Ch. 102 of the 1977 Code). Amendments noted where applicable.]
Every person who shall be supplied or whose property shall be supplied with water by the Town of Canandaigua shall be deemed to have accepted and approved the rules of the Town Board governing and regulating the supplying of water, and the same shall constitute a part of the contract between such person and the Town Board. Wherever the word "consumer" shall be used in the rules and regulations, it shall mean the owner or owners of the premises. The continuance of the consumer to take water after any amendment or change of these rules shall be deemed an acceptance of such amendment or change.
All service connections with the principal mains and service pipes from said principal mains to approximately two feet from a lot line, including tapping of the main, corporation cock, copper pipe, curb cock and box for same, shall be put in and installed only by properly authorized persons acting under the direction of the Town Board or its agent at the expense of the consumer.
All connections from curb cock to the meter location shall be done by the consumer at his own cost and expense, under the supervision of the Town Board or its agent, and all installations shall be subject to approval by the Town Board or its agent before the water shall be turned on.
The plumber or any other person designated and employed by the owner of the premises will be considered the agent of such owner while employed in the prosecution of the work of introducing water into such premises and in no sense as the agent of the water district. The Town will not be responsible for the acts of such persons.
Every person desiring a supply of water through the principal water mains must make application at the office of the Town Board, Town of Canandaigua, for a service pipe and connection with the main. Such application shall be made in writing upon a blank form furnished by said Town Board and must be signed by the owner of the property or his duly authorized agent, and the meter deposit and connection charge must be paid.
The service pipe between the curb cock and meter, wherever located, shall be pipe approved by the Town Board and shall be not less than 3/4 inch Class K copper.
The curb cock controlling any service shall not be opened by any person after connecting said service at the curb so that water may be supplied to such premises by said service unless the service pipe installation has been approved by the Town Board and the meter installation completed. In case of building operations, special permission may be given by the Town Board or Superintendent of the Water Department under such conditions as they may prescribe.
Any person responsible for any injury to any main, pipe, hydrant or other water facility shall reimburse the water district therefor and for the loss of water caused thereby. He shall also be responsible for any damage caused by such escaping water.
In the case of any excavation for the introduction of any water pipe or connection under authority of a permit from the Town Board, the owner will be held responsible for the trench opened. Public safety and conveniences shall be duly regarded and conserved by the construction of such bridges across open trenches as may be required to ensure safety to the public. Red lights, barricades and all such other means of protection against accident must be provided. Before trenches are backfilled, materials and workmanship shall be inspected by the Town Board or its representative and approved in writing.
The owner of property into which water is introduced by a service pipe will be required to maintain to perfect order, at his own expense, said service pipe from the corporation cock to the meter on or for delivering or supplying water for any purpose. In case such services and fixtures are not so kept in repair, the Town Board or its representative may cause to have made all necessary repairs and renewals or parts thereof. The expense of such work and all materials and labor required shall be paid by the property owner.
Just inside of the basement wall of the building into which the service pipe extends, or in such other convenient place as the Superintendent may approve, a stop and waste cock shall be conveniently located in order to drain the meter.
The Superintendent, Town officers or employees of the water districts, upon presentation of proper credentials, may enter upon any premises where water is being supplied by water districts or upon any premises when application is made for a permit to connect plumbing with the water pipes for the purposes of installing, reading, removing or repairing meters or for inspecting the plumbing and fixtures of the water service.
In case of making or constructing new work or in making repairs or leakage tests, the right is reserved to shut off the water to any consumer, without notice, for as long a period as may be necessary. No water district, its employees or the Town shall be liable for any damage which may result to any person, property or premises from the shutting off of the water from any main or service for any purpose whatever, even in cases where no notice is given.
[Amended 3-21-2016 by L.L. No. 3-2016]
Pressure-reducing valves shall be required for any new water service installed on or after June 1, 2016. The pressure-reducing valve shall be of a type and kind approved by the Town of Canandaigua. No water districts or the Town of Canandaigua shall be liable for any damage or loss of any kind to property or persons which may arise from or be caused by any change, either increase or decrease, in pressure of water supplies from any cause whatever, including negligence on the part of the water district, its agents, servants or employees.
All water furnished through service pipes, whether for residential, commercial or industrial use, shall be metered. No meters shall be set or removed or disturbed except by the Water Department. All meters shall be furnished and installed by the water district after payment of the meter deposit and the connection charge. The Water Superintendent shall approve the location of the meter.
[Amended 6-6-1977 by L.L. No. 6-1977]
Any municipal water meter shall be taken out and tested upon complaint of the consumer upon payment of a fee to be prescribed from time to time by resolution of the Town Board. If, upon test of the meter, it is not within 3% of being accurate, it shall be repaired or replaced and the fee returned to the consumer.
Any damage which the meter may sustain, resulting from the carelessness of the owner, his agent or tenant or from neglect of either of them to properly secure and protect the same, including any damage that may result from allowing said meter to become frozen or to be injured by hot water or steam getting back from a boiler or hot-water tank, shall be paid to the water district by the owner of the premises.
Whenever a meter is set in any building, the space occupied by the meter and the meter box shall at all times be kept free from rubbish or obstructions of any kind. The owner or tenant shall provide ready and convenient access to the meter so that it may be frequently read and examined by agents of the water district.
Water meters for building purposes shall be set by the water district at the expense of the contractor or person making such application therefor. In case it is impracticable to place meters for such building purposes, water may be supplied to the contractor or owner at a flat rate.
Generally, all water consumed shall be recorded and paid for by meter registration and at rates to be fixed by the Town Board. Such rates may from time to time be changed as the Town Board may determine. Water rates for turning on and off, selling meters and taking meters in and out will be on file in the Town Clerk's office.
Bills for metered water shall be payable quarterly. In each instance, meter bills, if not paid in 30 days, shall be increased 10% as a penalty for failure to pay promptly. Failure to receive a bill shall not act as a waiver of said penalty. In case of inability to read the meter, an estimated bill will be submitted to the consumer.
No abatement of the charges for water rents shall be allowed on account of the vacancy of any premises supplied with water unless the water supply is turned off by the water district and the meter removed. For such suspension of service, there shall be a charge to be fixed by resolution of the Town Board, which is on file in the Town Clerk's office.
All charges for water, service pipe installation, repairs, damages caused by carelessness or neglect, penalties, etc., shall be made against the premises supplied, and the owner of the premises shall be held responsible therefor. Such charges, if not paid, shall be a lien on the property benefitted. All such unpaid charges shall be added to the next general tax against the property.
In the event a water bill remains unpaid for more than 60 days, or any charge as set forth in Subsection A above, the Town Board may, by resolution, cause the supply of public water to such property to be shut off after giving at least 10 days' written notice to the owner and occupant of the premises by conspicuously posting on the property a notice specifying the water shall be shut off on a date not less than 10 days thereafter, and mailing by certified mail addressed to the owner and occupants at least 10 days prior to the proposed shutoff date. Such notice shall advise the owner and occupants that the water supply to such property shall be shut off on the specified date for nonpayment of a water bill unless the unpaid water bill and penalty are paid in full to the Town Clerk prior to the specified date. The water supply to such property shall not be restored after shutoff until the unpaid water bill and penalties are paid in full.
All street or road fire hydrants or hydrants for private fire protection from unrestricted service lines are under the control of the water district. No person, except an authorized agent or employee of the water district or a person permitted by the Town Board to take water therefrom, shall operate, use or disturb any hydrant, or any part thereof, or take any water therefrom, under any circumstances whatever, except fire companies for use to control, prevent or extinguish fires.
In case any damage to a street or road hydrant is done by any person or his agent, having a permit for taking water from said hydrant, the holder of the permit shall pay such damages and all costs and expenses that may be incurred by reason thereof, on demand, to the water district, including loss of water.
No person shall use any fire hydrant for construction or other purposes without first obtaining a permit for such use from the water district or Superintendent and making any advance payment demanded by said district. The hydrant shall be operated only by a proper hydrant wrench, which shall be obtained from the water district or Superintendent. Water must not be allowed to run except when used. All persons using hydrants shall immediately obey any instructions or orders that may be issued by the Town Board to regulate the use of these hydrants. If required by the Town Board, a meter shall be applied to the connection made with the hydrant at the expense of the party using same, and said party shall pay for all water by meter measurement at the stipulated rates.
No persons except a duly authorized representative of the water district shall open, close or in any way interfere with any valve or gate in any water main or pipe. Any person who has disturbed or displaced a valve box or who has covered a valve box with dirt, paving, plank or other material shall immediately replace the valve box or remove the obstruction.
Service pipe will be required to be laid not less than four feet six inches below the surface of the earth at any point to the inside of the foundation wall of the building into which the water service is introduced.
No consumer within the water district shall sell water to anyone for any purpose whatever.
No water through any connection, pipe or main shall be sold or furnished outside the water district, without the consent in writing of a duly authorized agent for the Town Board, after action of the Town Board.
No connection of whatsoever nature shall be made by any person between the facilities of said water district and any other water system, public or private, without the consent in writing of a duly authorized agent for the Town Board, after action of the Town Board.
It is understood and agreed that failure of the applicant to give written notice to have service discontinued will make the owner of property liable for all water charges against said premises and such notices must be actually delivered to the office of the Town Clerk.
A seasonal customer is one who has his water turned on and off for one or more quarters in any one year. Seasonal customers must have the water turned off and the meter removed and then the water turned on and the meter installed by an authorized agent of the Town Board.
[Amended 6-6-1977 by L.L. No. 3-1977]
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each week the offense is continued, a separate and distinct offense hereunder.