[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.
[Amended 6-7-1982]
A.
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.
B.
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.
