[HISTORY: Adopted by the Board of Trustees
of the Village of Victor 9-8-1997 by L.L. No. 5-1997. Amendments noted where applicable.]
As used in this chapter, the words and phrases
listed below shall be deemed to have the following meanings:
APPLICANT
Any person making a request in writing for any service to
be rendered or furnished by the Village.
CONSUMER OR CUSTOMER
The person legally or equitably responsible for payment of
charges for water or other facilities and services furnished by the
Village.
OCCUPANT
The person actually in possession or control of any premises
or part thereof who is a consumer.
OWNER
The person who has legal or equitable title to any premises.
PERSON
An individual, firm, association or corporation.
PREMISES
A.
A building owned or leased by one customer and
occupied as a residence or a place of business.
B.
Each unit of a multiple dwelling or building
separated by a solid vertical partition wall, occupied by one family
or one firm as a residence or place of business.
No water from the Village water supply shall
be turned on for service into any premises by any person but the Director
of Public Works or some person authorized by him to perform this service.
An application to have water turned on shall
be made in writing to the Village Clerk and shall contain an agreement
by the applicant to abide by and accept all the provisions of the
laws and regulations of the Village governing the use of the Village
water supply by the applicant.
The plumber or any other person designated and
employed by the owner of the premises will be considered the agent
of said owner.
All appropriate fees as set by the Village Board
must be paid upon application for service.
No water shall be turned on for service in premises
in which the plumbing does not comply with the ordinance of the Village,
provided that water may be turned on for construction work in unfinished
buildings subject to the provisions of this chapter.
No connections with the water main shall be
made without a permit being issued and twenty-four-hour notice having
been given to the Director of Public Works. All such connections shall
be made and all such work done by the Village of Victor from the street
line to the main on all dedicated Village streets. Application for
such connection must be made to the Village Clerk, and payment shall
be made of a fee as may be prescribed by the Village Board of Trustees.
All connections from curb stop to the meter
shall be done by the consumer at his own expense under the supervision
of the Village, and all installations shall be subject to approval
by the Village before water shall be turned on.
No water shall be resold or distributed by the
recipient thereof from the Village supply to any other premises other
than that for which application has been made and a meter installed,
except in case of emergency.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All service pipes from the street line to the
premises served shall be installed by and at the cost of the owner
of the property to be served on the application for the service. Service
pipe shall be installed not less than four feet six inches below the
surface of the ground. Such installation shall be subject to inspection
by the Director of Public Works.
No service shall be installed unless it conforms
to specifications drawn up by the Board of Trustees and approved thereby.
A copy of such specifications shall be kept on file by the Village
Clerk and shall be opened to inspection by any person interested.
All repairs for service pipes and plumbing systems
of buildings shall be made by and at the expense of the owner of the
premises served. The Village may, in case of emergency, repair any
service pipes, and, if this is done, then the cost of such repair
work shall be repaid to the Village by the owner of the premises served.
Excavation for installing service pipes or repairing
the same shall be made in compliance with the laws or regulations
relating to making excavations in the street, provided that it shall
be unlawful to place any service pipe in the same excavation with
or directly over any gas pipes, drain pipes or sewer pipes.
Shutoff boxes or service boxes shall be placed
on every service pipe and shall be located between the curbline and
the sidewalk line where this is practical. If the sidewalk line or
curbline are nonexistent, the shutoff box is to be located at the
right-of-way line. Such boxes shall be so located that they are easily
accessible, free from rubbish and shall be protected from frost.
All premises using the Village water supply
must be equipped with an adequate water meter furnished by the Village
but paid for by the consumer, provided that such water service may
be supplied by the Village at a flat rate of charge until such meter
may be installed. Before any premises are occupied, a water meter
shall be installed therein, as herein required, or application made
for such water service at the flat rate of charge until the meter
can be installed, or no water shall be furnished to such premises.
Meters shall be installed in a location that
will be easy of access. All houses shall have outside meter readers.
A stopcock and waste cock shall be located at
the meter.
[Amended 10-20-2003 by L.L. No. 2-2003]
A. The Director
of Public Works, Village officers or employees of the Water Department,
upon presentation of credentials, may enter any premises where water
is supplied by the Village or where application is made for a permit
to connect the water service.
B. The Director
of Public Works, Village officers or employees of the Water Department,
upon presentation of credentials, may enter any premises, with proper
notice, where water is supplied by the Village to conduct a leak test
between the curb box and the meter to determine water loss or leaks.
[Added 3-2-2020 by L.L. No. 4-2020]
In new construction or in making repairs or
leakage tests, the Village reserves the right to shut off the water
from any customer without notice for as long a period as may be necessary.
The Village shall not be liable for any damage to any person, property
or premises from shutting off the water for any purpose.
The Village shall not be liable for any damage
or loss to property or persons from any change in pressure of water
supplies, including negligence on the part of the Village.
All water furnished through service pipes shall
be metered. No meters shall be set, removed or disturbed except by
the Water Department. Meters shall be furnished and installed by the
Village after payment of all appropriate fees. The Village shall specify
the location of the meter. For services longer than 250 feet from
the curb stop to the building, a meter pit is required and shall be
located at the street right-of-way on private property in accordance
with the Village Design and Construction Standards.
Any damage to the meter by the owner, his agent
or tenant, including damage from allowing the meter to become frozen,
shall be paid to the Village by the owner of the premises.
[Amended 1-19-2010 by L.L. No. 1-2010]
The space occupied by the meter and the meter
box shall be kept free from rubbish and obstructions. The property
owner or tenant shall provide access to the meter and meter box so
that it may be read, examined, repaired or replaced by the Village
Director of Public Works, or his designee, at such times as the Director
determines are necessary or appropriate.
No abatement of the charges for water rent shall
be allowed for vacant premises.
Only persons authorized by the Village shall
operate hydrants.
No persons except authorized representatives
of the Village shall operate water main valves.
Request to have service discontinued does not
relieve the property owner of liability for all water charges.
All final readings need to be requested or authorized
by the property owner. Readings shall be read on inside meter. After
the final reading for the remainder of the billing period a minimum
charge shall apply if less than 5,000 gallons is used.
A. Where protection is required.
(1) Each service connection from a public water system
for supplying water to premises having an auxiliary water supply shall
be protected against backflow of the water from the premises into
the public water system, unless the auxiliary water supply is approved
as an additional source by the water purveyor and is satisfactory
to the New York State Department of Health.
(2) Each service connection from a public water system
for supplying water to premises on which any substance is handled
under pressure in such fashion as to permit entry into the water system
shall be protected against backflow of the water from the premises
into the public system. This shall include the handling of process
waters and waters originating from the public water supply system
which may have been subject to deterioration in sanitary or chemical
quality.
(3) Each service connection from a public water system
for supplying water to premises on which a substance of unusually
toxic concentration or danger to health is handled in liquid form,
even though it is not under pressure, shall be protected against backflow
of the water from the premises into the public system. Examples are
plating factories using cyanide and hospitals. This is not intended
to apply to normal household installations.
(4) Backflow prevention devices shall be installed on
the service connection to any premises that have internal cross-connections,
unless such cross-connections are abated to the satisfaction of the
water purveyor. It shall be the responsibility of the water user to
provide and maintain these protective devices, and each one must be
of a type acceptable to the New York State Department of Health.
B. Type of protection. The protective device required
shall depend on the degree of hazard as tabulated below:
(1) At the service connection to any premises where there
is an auxiliary water supply handled in a separate piping system with
no cross-connection, the public water supply shall be protected by
an approved double-check valve assembly.
(2) At the service connection to any premises on which
there is an auxiliary water supply where cross-connections are known
to exist or where it is unknown if cross-connections exist, the public
water supply system shall be protected by an air-gap separation or
an approved reduced-pressure-principle backflow prevention device.
(3) At the service connection to any premises on which
a substance that would be objectionable but not hazardous to health
if introduced into the public water supply is handled so as to constitute
a cross-connection, the public water supply shall be protected by
an approved double-check valve assembly.
(4) At the service connection to any premises on which
a substance of unusual toxic concentration or danger to health is
or may be handled but not under pressure, the public water supply
shall be protected by an air-gap separation or an approved reduced-pressure-principle
backflow prevention device. This device shall be located as close
as practicable to the water meter, and all piping between the water
meter and receiving tanks shall be entirely visible.
(5) At the service connection to any premises on which
any material dangerous to health or toxic substance in toxic concentration
is or may be handled under pressure, the public water supply shall
be protected by an air-gap separation. The air gap shall be located
as close as practicable to the water meter, and all piping between
the water meter and receiving tanks shall be entirely visible. If
these conditions cannot reasonably be met, the public water supply
shall be protected with an approved reduced-pressure-principle backflow
prevention device, provided that the alternative is acceptable to
the water purveyor.
(6) At the service connection to any sewage treatment
plant or sewage pumping station, the public water supply shall be
protected by an air-gap separation. The air gap shall be located as
close as practicable to the water meter, and all piping between the
water meter and receiving tanks shall be entirely visible. If these
conditions cannot be reasonably met, the public water supply shall
be protected with an approved reduced-pressure-principle backflow
prevention device.
C. Frequency of inspection of protective device.
(1) It shall be the duty of the water user on any premises
on account of which backflow protective devices are installed to have
competent inspections made at least once a year or more often in these
instances where successive inspections indicate repeated failure.
These devices shall be repaired, overhauled or replaced at the expense
of the water user whenever they are found to be defective. These tests
shall be performed by a qualified backflow prevention device tester,
and all test results shall be provided to the water purveyor within
72 hours after the test is made.
(2) Records of such tests, repairs and overhaul shall
also be kept by the water user and made available to the water purveyor
and the New York State Department of Health upon request.
The Director of Public Works shall read or cause
to be read every water meter used in the Village at such times as
are necessary that the bills may be sent out at the proper time.
A. Scale.
(1) Consumers within Village limits. All property upon
which any building has been or may hereafter be erected having a connection
with any mains or pipes which may be hereafter constructed and used
in connection with the Village water system shall pay rates per quarter
as set forth from time to time by resolution by the Village Board.
(2) Consumers outside Village limits. The above rates,
plus an additional charge as set forth from time to time by resolution
by the Village Board, shall be charged to customers outside the Village
limits. These rates shall not apply to the sale of water by the Village
to water districts.
B. Bills shall be sent out quarterly: January 1, April
1, July 1 and October 1. A penalty charge of 10% will be added to
all water and sewer bills unpaid after the first of the month succeeding
the beginning of each quarter and an additional 1/2 of 1% for each
month thereafter until the bill is paid or relevied on the Village
taxes.
[Amended 1-5-1998 by L.L. No. 2-1998]
During the construction of any building and
before any water is installed as herein provided, the contractor so
constructing such building may be permitted to use the Village water
supply by making application therefor and paying a minimum fee of
$30 or as prescribed by the Board of Trustees.
The water supply may be shut off from any premises
for which the water bill remains unpaid for a period of 30 days after
the bill is due, and, when shut off, water shall not be turned on
except upon the payment of the usual fee for turning on water.
Delinquent water rents, together with penalty,
shall become a lien on the real property upon which or in connection
with which the water is used. Such a lien is prior and superior to
any other lien or claim except the lien of an existing tax. The Board
of Trustees shall include such delinquent water rents and penalties
computed to the first day of the month following the month in which
the fiscal year commences in the annual tax levy and shall levy the
same upon the real property in default in accordance with § 11-1118
of the Village Law.
Property subject to a lien for unpaid water
rents may be sold for nonpayment of the same, and the proceeds of
such sale shall be applied to pay such charge after deducting costs
as in the case in the foreclosure of statutory liens. Such foreclosures
may be brought in the name of the Village against any property on
which water rent has remained unpaid for 90 days after it has become
due.
[Added 8-18-2008 by L.L. No. 5-2008]
A. Title. These rules and regulations shall be known
as the "Water Conservation Program."
B. Applicability. These rules and regulations shall apply
to all residences, businesses and commercial establishments lying
within the Village of Victor.
C. Purpose. As a condition for a water supply permit,
state legislation requires applicants to have a water conservation
program. To meet this requirement, the Village of Victor has adopted
the following procedures as a minimum to establish a water conservation
program.
D. Definitions. As used in these rules and regulations,
the following terms shall have the meanings indicated:
WATER CONSERVATION PROGRAM
A plan of activities to reduce the demand for water, improve
the efficiency of its use and reduce loss and wasteful use of water.
E. Residential use restrictions.
(1) Adherence to the New York State Energy Conservation
Construction Code shall be strictly enforced.
(2) Outdoor water usage.
(a)
The Village Board hereby authorizes the Director
of Public Works to (1) declare an emergency ban on outdoor water uses
or (2) declare a restriction upon outdoor water use upon a determination
that such a reduction is necessary in order to meet the water needs
of the Village. Such a ban or restriction on outdoor water usage will
be declared in accordance with the emergency communications procedures
adopted by the Village.
(b)
In the event the Director of Public Works declares
such a restriction, such restriction shall be as follows:
[1]
Properties with even-numbered addresses may
only water on even calendar days between the hours of 12:00 midnight
and 7:00 a.m., and again from 7:00 p.m. to 11:59 p.m.
[2]
Properties with odd-numbered addresses may only
water on odd calendar days between the hours of 12:00 midnight and
7:00 a.m., and again from 7:00 p.m. to 11:59 p.m.
[3]
In no event shall any property be watered between
the hours of 7:00 a.m. and 7:00 p.m.
[4]
The forgoing restrictions do not apply to properties
serviced by private water sources, such as wells.
(c)
A first offense shall require a warning from
the Victor Village Code Enforcement Office, which shall be in writing
with a reference to this subsection.
(d)
A second violation of this subsection within
12 months shall be deemed a violation punishable by a fine not to
exceed $100. Three or more offenses within 12 months shall be deemed
a violation punishable by a fine not to exceed $250, and/or incarceration
not exceeding 15 days.
(e)
It shall be no defense to this subsection that
the home is equipped with an automatic sprinkler or irrigation system
set by timer or other apparatus.
(f)
The Village Code Enforcement Officer is authorized
to issue a permit for lawn watering during restricted times for new
construction or new lawns.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Except as otherwise provided in this chapter,
any person, firm or corporation violating any provisions of this chapter
may be fined not less than $250 or be imprisoned for a term not exceeding
15 days, or both, for each offense, and a separate offense shall be
deemed committed on each day during or on which a violation occurs
or continues. The Village may enforce compliance to this chapter by
injunction.