[HISTORY: Adopted by the Town Board of the Town of Brighton 5-27-1976. Amendments noted where applicable.]
As used in this chapter, the following terms shall mean and include:
- Any person making a request in writing for any service to be rendered or furnished by the district.
- BUILDER, CONTRACTOR or REAL ESTATE DEVELOPER
- Any person owning or having an interest in a plot or tract of land who applies for a supply of water to such premises which are intended to be sold, conveyed or leased by said person to an owner or occupant.
- CONSUMER or CUSTOMER
- The person legally or equitably responsible for payment of charges for water or other facilities and services furnished by the Water Authority.
- The Town of Brighton Water District or any successor agency
under a lease agreement with the Monroe County Water Authority.[Amended 1-24-1996 by L.L. No. 1-1996]
- The person actually in possession or control of any premises or part thereof who is a consumer.
- The person who has legal or equitable title to any premises.
- An individual, firm, association or corporation.
- A. A property or location, whether or not occupied by a structure, including the entire front footage thereof abutting on a street whereat the service of water is requested or furnished for any part thereof.
- B. A building under one (1) roof owned or leased by one (1) customer and occupied as one (1) residence or one (1) place of business.
- C. A combination of buildings owned or leased by one (1) customer, in one (1) common enclosure, occupied by one (1) family or one (1) corporation or firm as a residence or place of business.
- D. Each unit of a multiple house or building separated by a solid vertical partition wall, occupied by one (1) family or one (1) firm as a residence or place of business.
- E. A building owned or leased by one (1) customer having a number of apartments, offices or lofts which are rented to tenants, and using in common one (1) hall and one (1) or more means of entrance.
- F. A building two (2) or more stories high under one (1) roof, owned or leased by one (1) customer, having an individual entrance for the ground floor occupants and one (1) for the occupants of the upper floors.
- G. Apartments owned by one (1) individual or firm and located in one (1) common enclosure.
- PRIVATE FIRE PROTECTION SYSTEM
- Water mains, pipes, hydrants, sprinklers and other facilities installed on private premises or on a public or private street for the purpose of private fire protection.
- PRIVATE STREET
- Any street, avenue, road or way that is not for any highway purpose under the jurisdiction of the legislative body of any village, town, city, county or the State of New York.
- PUBLIC FIRE PROTECTION SYSTEM
- Appropriate production, distribution and storage facilities, water mains, pipes, hydrants and other facilities installed in a street and used for the public protection of premises from fire.
- PUBLIC STREET
- Any street, avenue, road or way that is for any highway purpose under the jurisdiction of the legislative body of any village, town, city, county or the State of New York.
- SERVICE CONNECTION
- The facilities and equipment used to supply water to any premises and which are installed within the limits of the street between the main and the curb box shutoff of the premises to be served.
Applications will be accepted subject to there being an existing main in a street or right-of-way abutting on the premises to be served, but acceptance shall in no way obligate the district to extend its mains to service the premises.
Applications for use of water must be made in writing and paid for in advance before any connection is made with the mains. The district will make the tap in the street main and bring the service pipe to the front lot line.
Contracts for water service will be made only with the owners of the premises to be supplied, and the owners will in all cases be held responsible for all charges for water supplied to said premises, but, upon request, the bill, made out in the owner's name, will be sent to the tenant of the premises to which water is supplied. No owner or tenant of any premises supplied with water by the district will be allowed to supply any other persons or premises unless specifically consented to by the district.
Applications of builders, contractors, real estate developers and others for temporary water service will be accepted and temporary water service will be supplied, provided that it does not interfere with use of water for general purposes. The quantity of water taken for such purposes shall be determined either by meter or by estimate and shall be paid for in accordance with the rate schedule applicable to metered general purposes. Customers requiring temporary water service shall reimburse the district for all its expense in connection with providing the necessary temporary service connections.
The Commissioner of Public Works or the Superintendent of the Water Department or designee shall have access at all times to all parts of the premises to which water is supplied for the purpose of examination or repairs and reading or replacing meters.
The supply of water for one (1) building or residence will be controlled by a meter of a size properly designated, and the current rates established by the district will be charged for the amount of water consumed as shown by the meter.
All service connections within the road right-of-way and all meters shall be and shall remain the property of the district.
No hydrant shall be used without the securing of a hydrant use permit for any purpose other than the extinguishing of fires, periodic tests of the fire protection system or periodic drills by legally constituted fire companies. The district shall be notified in advance of the time of all tests and drills so that, if desired, the district may have a representative present. Such notification may be given in writing or by telephone to the principal office and place of business of the district.
Proper fire officials shall notify the district within twenty-four (24) hours after the use of a district hydrant for public fire protection in order that the district may inspect the hydrant and determine whether it has been returned to its proper operating condition. Similar reports shall be made of any unauthorized hydrant use observed by or reported to public officials.
Changes in the location of an existing hydrant will be made, except where otherwise required by law, at the expense of the person, firm or corporation requesting such change in location, provided that any public body previously designating the location of the hydrant shall have consented, in writing, to such change.
Hydrant use permits shall be issued from the office of the Commissioner of Public Works.
Application for a private fire protection service must be accompanied by a letter with a map of the plan showing how the service will enter the building.
Any connections, water mains, pipes, valves, sprinkling systems, hydrants and any other facilities whatever installed on private premises beyond the control valve at the street right-of-way or easement boundary shall be designed, installed, inspected, operated, maintained, repaired and replaced by the owner or occupant at its sole responsibility and expense.
The connection hydrants or private fire protection system are to be used for fire purposes only and are to have no connection whatsoever with any taps that may be used for other than fire purposes and because of the danger of pollution shall have no connection with any source of supply not approved by the Department of Health of the State of New York.
The applicant specifically agrees not to draw any water whatsoever through said connection, hydrants or private fire protection system for any purposes except the extinguishing of fires or in a periodic test of the fire protection system. Violation by the applicant of either condition shall terminate the agreement, and the district may disconnect the pipe or shut off the supply of water.
The applicant agrees to notify the district at the time of all tests so that, if desired, the district may have a representative present. Such notification, however, need not be formal or written, but may be given by telephone to the principal office of the district.
Any authorized representative of the district shall have free access to the premises of the applicant at any reasonable time for the purpose of inspecting said connection, hydrants or protection system.
The applicant agrees to pay for services rendered at an annual rate, to be billed quarterly. These charges are subject to change from time to time as rates may be modified by the Town Board.
The right is reserved by the district to shut off the supply at any time, without notice, in case of accident or to make alterations, extensions, connections or repairs. The district makes no guaranty as to pressure of the water in said connection, hydrants or private fire protection system or the mains supplying the same and shall not, under any circumstances, be held liable for loss or damage from a deficiency or failure in the supply of water, whether caused by shutting off of water in case of accident or for alterations, extensions, connections or repairs or for any cause whatsoever, unless arising from gross negligence.
One (1) meter of the necessary size will be furnished by the district at the owner's expense, the setting to be done by the district. All meters shall be placed in locations readily accessible to district meter readers.
The owner of the premises will be required to bear all expense occasioned by fire, frost, accident or misuse of the water meter. The district will replace damaged meters at a cost not to exceed one-half (1/2) of a new meter. Such cost is to be borne by the owner.
All meters are accurately tested before installation. However, the district reserves the right to remove and test any meter at any time and to substitute another meter in its place. In case of a disputed account involving the accuracy of the meter, such meter will be tested by the district upon the request of the customer. The fee for testing such meters will be paid by the customer. In the event that the meter tested is found to have an error in registration to the prejudice of the customer in excess of four percent (4%) at any rate of flow within the normal test-flow limits, the fee advanced for testing will be refunded, and prior water bills will be adjusted to correct such over registration.
All meters and meter connections shall at all times remain the sole property of the district and shall not be interfered with in any respect. All meters will be maintained by and at the expense of the district so far as ordinary wear and tear are concerned, but the customer will be held responsible for damages due to freezing, hot water or other external causes. In case of damage, the district will repair the meter, if necessary, replacing it with another meter, and the costs shall be paid by the customer. The district recommends that the customer install, at the customer's own expense, suitable equipment properly located to prevent backflow of hot water which may cause damage to the meter or other damage to the customer's plumbing.
It shall be the obligation of the customer to maintain and, when necessary, repair outside settings and meter pits on private property.
The district shall not be liable for damages to any premises caused by flooding in connection with the testing or removal of any meter.
Water mains and their extensions connecting to the distribution system of the water district shall be installed only after a written permit shall have been issued by the water district. The water district will inspect all such installations at the owner's expense. Copies of the specifications for the construction of new water mains are available from the office of the Commissioner of Public Works.
Meters will be read and billed quarterly. All bills are payable by the last day of the month in which the bill is rendered.
All water that passes through the meter will be charged for whether the water is used or wasted, and the minimum rate will be charged every quarter for a zero consumption through the current minimum amount set by the district. All charges are subject to current rates established by the Town Board.
No abatements of water charges for water services shall be allowed on account of the vacancy of any premises supplied with water, unless the water service is turned off by the district. A charge for this service will be made at the time of shutoff and again at the time it is turned on.
In default of payment of any bill within the month it is rendered, the consumer will pay, in addition to the net bill rendered, a delayed payment of gross amount of the bill. Failure to receive the bill shall not act as a waiver of said late charge.
In cases where it is found that a reading cannot be obtained, an estimated bill will be rendered to the consumer. The quantity will be determined by the average registration of the meter in a corresponding past period, except where it appears that there has been a change of occupancy in the premises or in the use of water. In such cases, when a reading is obtained, a subsequent bill will reflect the actual consumption. Where the estimate is in error in excess of ten dollars ($10.), an adjusted bill will be prepared to correct the erroneously estimated bill.
Consumers must notify the district when service is to be discontinued. Failure of the owner to give such notice will make the owner of the property, the owner's heirs, devisees or assignees, liable for all charges for water service against said premises until the time of written notice.
In the event that water charges are not paid within sixty (60) days from the due date, the district shall have the right to cut off the water supply in addition to any other rights and remedies that are prescribed in this chapter.
All delinquent water accounts and penalties unpaid on October 15 of each year shall be added to the state, town and county tax bill of the property on which the water charge was incurred.
The district will undertake to use reasonable care and diligence to provide a constant supply of water through its pipes to consumers, but reserves the right at any time without notice to shut off the water in its mains for the purpose of making repairs or extensions or for other purposes, and it is expressly agreed that the district shall not be liable for a deficiency or failure in the supply of water, nor for any damage caused by the bursting or breaking of any mains or service pipe or any attachment to the waterworks of the town. All consumers having boilers upon their premises, depending upon the pressure in the pipes of the district to keep them supplied, are hereby cautioned against danger of collapse, and all such damage must be borne exclusively by the consumer. In case of failure of supply, hot water faucets should be opened at once.
Each of the premises to which water is supplied must be connected with the main by a separate service pipe which must be laid in a straight line from the main and enter the front of the building at a right angle thereto. Such service pipe must be of copper not smaller than one (1) inch in diameter for single-family dwellings and provided with an iron extension stop box and Mueller service cock at the curbline and a stop and waste cock at the inlet of the meter. The stop box must be at the level of the surrounding grade so that it can be readily seen and easily accessible.
All service or distribution pipes, service cocks, stop boxes, stop cocks, valves and all other fixtures beyond the mains shall be subject to the approval of and laid in a manner satisfactory to the district, at the expense of the owner of the premises. If leaks occur in service pipes and are not repaired within a reasonable time after notice, the water will be shut off until repairs are made, or the owner could be subjected to a fine for loss of water. All plumbing connections shall be able to stand a pressure of at least 150 pounds to the square inch.
[Amended 9-14-2005 by L.L. No. 10-2005]
In the interest of public health, the district will not permit its main or services to be connected with any service pipe or piping which is connected with any source of water supply not approved by the Department of Health of the State of New York. The district will also not permit its main or service pipes to be connected in any way to any piping, tank, vat or other apparatus which contains liquids, chemicals or any other matter which might flow back into the district's service pipe or mains and consequently endanger the water supply. In order to be in compliance with this section, a backflow preventer, of a type approved by the New York State Department of Health and the water district, shall be installed when ordered by the water district.
The district reserves the right, in periods of drought or emergency or when deemed essential to the protection of the public health, safety and welfare, to restrict, curtail or prohibit the use of water for secondary purposes, such as sprinkling, car washing or filling swimming pools, and shall have the right to fix the hours and periods when water may be used for such purposes.
It will be necessary to obtain an actual reading of meters by a qualified representative of the district at least once a year.
The district may from time to time change any of the rules and regulations and conditions of water supply; and for any failure to comply with any of the rules and regulations and conditions of water supply now in force or which may hereafter be adopted, the district reserves the right to discontinue the service of water.
No person shall injure or interfere with any equipment belonging to the district's water system, tamper with meters, divert water from mains, use water without permission or cut into any water pipe or main.
No person, except as specifically authorized by the district, shall take water from any public fire hydrant for any other use whatsoever than for fire purposes. If water is used from public fire hydrants without specific authorization from the district, the quantity so used will be estimated and the user will be billed at the meter rates set forth in said rate schedule. Water may be obtained from a hydrant only after a permit has been issued.
Submetering is not permitted.
[Amended 1-24-1996 by L.L. No. 1-1996]
Any person who violates any of the provisions of this chapter or any section or subsection thereof shall be guilty of an offense punishable as provided in Chapter 1, General Provisions. Each separate violation shall constitute a separate additional offense. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations.