[HISTORY: Adopted by the Board of Trustees
of the Village of East Aurora 3-14-2006 by L.L. No. 1-2006. Amendments noted where
applicable.]
The territory to which this chapter applies
includes the Incorporated Village of East Aurora and vicinity, Town
of Aurora, where mains are maintained.
[Added 5-20-2013 by L.L. No. 2-2013]
As used in this chapter, the following terms shall have the
meanings indicated:
Includes all places to which water is supplied, whether the
same is occupied or vacant.
The legal owner of premises supplied with water.
A tenant, lessee, occupant, undertenant, receiver or assignee
of premises supplied with water, and also includes a consumer of water
irrespective of his/her legal status with respect to reality.
[Amended 11-26-2007 by L.L. No. 10-2007; 5-20-2013 by L.L. No. 2-2013]
The property owner(s) of all houses, buildings or properties
used for human occupancy, employment, recreation or other purposes,
located within the Village and abutting on any street, alley or right-of-way
in which there is now located or may in the future be located a public
water main, are hereby required to be connected to the public water
supply or to connect to the water supply under the supervision of
the Superintendent of Public Works or designee, at their own expense,
and in accordance with the provisions and regulations of this chapter.
Any exemption must be approved by the Superintendent of Public Works
or designee and be deemed impractical or cost prohibitive.
A.
Application for connection.
(1)
All water accounts shall only be established in the name of the owner
of the premises.
(2)
Application for connection to Village water service shall be made
to the Village Clerk-Treasurer. No service or connection shall be
provided until the applicant has shown compliance with this chapter
and paid all required fees.
(3)
On approval of the application by the Village, the owner shall be
responsible for payment of all applicable rates and charges and shall
comply with the rules and regulations relating to such service.
The Village Board of Trustees reserves to itself
and its agents the right to control or restrict the use of water or
benefit of service in any and all instances where the occasion warrants
such restrictions.
[Amended 5-20-2013 by L.L. No. 2-2013]
The Village Board of Trustees shall, by resolution adopted at
such times as the Village Board of Trustees shall determine, establish
rates as water rents for water consumption to be charged to and collected
from all property owners for Village water, provided that such rates
shall not be charged without public notice and hearing.
[Amended 5-20-2013 by L.L. No. 2-2013]
The Village Board of Trustees shall, by resolution, adopt, amend
or establish service fees and charges, which, upon adoption, shall
be set forth on the Village Fee Schedule and are to be charged to
and collected, as applicable, from all property owners for services
provided and as identified in the Village Fee Schedule.
A.
All charges billed in accordance with resolutions adopted pursuant to § 263-4 and § 263-5 of this chapter and fines imposed for the violation of any rule of the Board of Trustees shall be regarded as an obligation of the property owner of the premises upon which said water was supplied or such other expense incurred and shall be a lien upon the real property so benefited or supplied with such water until paid. If said sums are not paid within 25 days after the amount thereof became due and payable, the water shall be turned off on account of such nonpayment, at the discretion of the Village and to the extent practicable.
[Amended 5-20-2013 by L.L. No. 2-2013]
B.
No application for water service for such premises shall be granted by any officer or employee of the Village until and only when such sums, including the extra delinquent payment service charge provided by § 263-5 of this chapter, have been paid in full to the Village. The fact that said premises has changed occupants or that the title of said premises has been transferred to a new property owner shall have no effect.
[Amended 5-20-2013 by L.L. No. 2-2013]
C.
Regardless of the provisions set forth above, all
outstanding water charges as of May 1 in any year shall be added to
and collected with the real property taxes assessed against the real
property to which the water services were provided and due and payable
on and after June 1 of that year.
Records shall be kept in the Village office,
which records shall contain the street number and location of all
premises and which shall show the sum or sums remaining unpaid for
the use of water or other charges upon each of said premises and the
location of premises where the water has been turned off for nonpayment
of water rents or other charges. Such records shall be for the information
and protection of persons intending to purchase property within the
Village, and such persons may ascertain at the Village office whether
or not any charges for such unpaid water rents or other charges appear
on such records. Any person with an interest in a parcel of real property
may receive a certificate from the Village regarding any outstanding
unpaid water charges.
[Amended 5-20-2013 by L.L. No. 2-2013]
A.
All water rents shall be due and payable at the Village office quarterly
on the date set forth on the bill rendered to each property owner.
B.
Bills shall be due and payable within 25 days. The due date shall
be set forth on each bill rendered to a property owner. There shall
be added to bills unpaid after the due date so set forth on the bill
an amount equal to 10% of the amount of such bill.
C.
Upon the request of the property owner for a final or interim reading
due to the sale of property or other reason, a final bill shall be
rendered at the time of the request and payment due upon receipt.
[Amended 5-20-2013 by L.L. No. 2-2013]
Bills will be sent to the property owner for his or her convenience,
but the failure of any property owner to receive a bill shall not
excuse payment of the same.
A.
The property owners of all premises, or users having connection with
any water main through which Village water flows, must keep all the
pipes and fixtures in connection therewith in good repair and protected
against freezing to said main at their expense, in order that leakage
and waste is prevented. Any lost water as a result of or damage to
service lines, curb boxes, main lines, or any other Village appurtenance
as a direct or indirect result of work and/or negligence by the property
owner or any contractor thereof shall be borne in full amount by said
property owner.
[Amended 11-26-2007 by L.L. No. 10-2007; 5-20-2013 by L.L. No.
2-2013]
B.
The Superintendent of Public Works, Water Foreman and his/her aides,
agents and assistants may enter the premises of any property owner
at any reasonable time to examine the fixtures and pipes to ascertain
the quantity of water being used and the manner of its use and to
determine whether there is any wasteful or unlawful use of water.
[Amended 11-26-2007 by L.L. No. 10-2007; 5-20-2013 by L.L. No.
2-2013]
C.
No water user or property owner shall allow any person other than
those residing or employed upon the premises to regularly take water
therefrom. There shall be no additional water service on the premises
beyond the original application without additional written application.
[Amended 5-20-2013 by L.L. No. 2-2013]
D.
No person other than the Superintendent of Public
Works or those acting under his direction shall interfere with or
open or close, or attempt to do so, any valve gate or shutoff appurtenant
to the mains through which Village water flows or appurtenant to any
service line between the water main and the curb shutoff.
[Amended 11-26-2007 by L.L. No. 10-2007]
E.
No person other than the Superintendent of Public Works, those acting
under his/her direction, the Fire Chiefs or members of the Fire Department
shall manipulate, control or operate or attempt so to do any fire
hydrant or plug deriving a supply of Village water flows, or draw
water therefrom. Only those trained in the operation of such fire
hydrants or plugs shall be permitted to manipulate the same. Whenever
a hydrant has been opened and used, notification of such fact shall
promptly be given to the Water Department. No tools or implements
shall be used to open hydrants except such as are furnished by the
Village or by the Fire Department.
[Amended 5-20-2013 by L.L. No. 2-2013]
F.
The Village undertakes to use reasonable care and
diligence to provide a constant supply of water at a reasonable pressure
but reserves the right at any time, without notice, to shut off the
water in its mains for the purpose of making repairs, taps and extensions.
The Village shall not be held liable for deficiency or failure in
the supply of water or in the pressure for any cause whatsoever. However,
the Village shall try to give notice of the shutting off of water
supplies when time and conditions permit.
G.
The Village water system furnishes water and not pressure
and does not guarantee a continuous supply. No responsibility shall
be assumed for any damages to any apparatus in any house or building
due to the shutting off of, or turning on of, a water main without
notice.
[Amended 11-26-2007 by L.L. No. 10-2007]
H.
The Village shall make extensions of mains, where
practical, provided that it can be assured of a sufficient annual
revenue from the area to be served to warrant the necessary expenditure.
The Village will furnish water under the following
conditions and regulations only:
A.
Regular in-Village meter connections.
(1)
It is clearly understood that the primary responsibility
of the Village is to furnish water to users within its own corporate
limits and nothing herein contained shall be construed in any way
to jeopardize the supply of water to such users.
(2)
No swimming pools, irrigation systems or any other
heavy uses of water shall be connected to lines fed from Village water
mains without specific consent from the Village, and under no circumstances
shall the Village ever become liable for any failure to supply water
to any users outside the Village.
(3)
Where taps can be made on existing water mains to serve individual properties within the Village of East Aurora, the Village shall make such taps and install water service lines to shutoff valves at curbs at a cost established by resolution adopted pursuant to § 263-5 of this chapter. Service lines from shutoff valves to the building to be served shall be installed, maintained and paid for by the property owner.
[Amended 11-26-2007 by L.L. No. 10-2007; 5-20-2013 by L.L. No. 2-2013]
(4)
A water meter purchased through the Village of East Aurora, unless
otherwise approved, shall be installed within the building to be served,
with the cost of such meter to be borne by the property owner. Upon
installation, the meter shall become the property of the Village of
East Aurora. If the line is over 75 feet long, such meter shall be
placed in a vault at or near the street line, which vault shall be
constructed to meet Village requirements and shall be paid for by
the property owner. All installations shall be made in accordance
with Village rules.
[Amended 5-20-2013 by L.L. No. 2-2013]
(5)
The Village shall read meters on regular schedules and shall render
a quarterly bill for water furnished to the property owner. Until
the Village is notified in writing by a property owner that premises
have been vacant and that the water is to be turned off, or that title
has been transferred, the property owner, as per the Village records,
shall be responsible for all bills or service fees.
[Amended 5-20-2013 by L.L. No. 2-2013]
(6)
The rate shall be in accordance with the schedule
of rates adopted by the Village and in effect at the time of the meter
reading.
(7)
Failure to pay a bill for water supply or for expenses for repairing of water mains or pipes, meters, fixtures or other appurtenances in connection with the water service, or for the damage to the same, or for fines imposed for the violation of any rules of the Board of Trustees within 25 days after the amount thereof becomes due and payable shall render the user liable for suspension of water service in accordance with § 263-6 of this chapter, and, in addition, there shall be added to said water bill an extra delinquent payment service charge as provided by § 263-5, whether or not the water has, in fact, been turned off.
B.
Master meter connections.
(1)
Where water service is to be furnished to multiple
users, a master meter shall be installed, the cost of which to be
borne by the property owner, and connected to the Village main. Such
master meters shall be located as near as practicable to the Village
main and upon installation, shall become the property of the Village.
(2)
The charge for such connection to the Village water
main shall be in accordance with the schedule adopted by the Village
and in effect at the time of making such connection.
(3)
All water mains and service lines beyond the master
meter shall be installed and maintained by the applicant, and the
Village shall in no way be responsible for them, except that the application
for water service may be rejected if, in the opinion of the Village,
such water mains and service lines are not satisfactory.
(4)
Master meters shall be read as often as the Village
determines to be necessary, and a bill shall be prepared quarterly.
Such bills shall be rendered to such person as shall be designated
on the application. The Village will not read any individual meters
located beyond the master meter.
(5)
When master meters service out-of-Village users, the rate charged to all such outside users shall be in accordance with the rates established by resolution adopted pursuant to § 263-4 of this chapter.
(6)
No credit shall be allowed against the bill for any
water loss occurring outside the Village for any water used to fight
any fire or for any other heavy or unusual use of water occurring
outside the Village.
(7)
No extension of water lines or increase in the number
of properties served beyond the limits of the Village or the limits
of a water district which has contracted to purchase water from the
Village shall be made without the approval of the Board of Trustees.
(8)
No pumps or other mechanical means of drawing water
from the mains, which might impair service to water users within the
Village, shall be installed without the knowledge and consent of the
Village.
(9)
There shall be no cross-connections between the Village
water supply system and private wells or other water supply.
(10)
Any leak between the Village water shutoff valve at or near
the curb and a building shall be repaired by the property owner within
five days after notification by the Village, or water service to the
building will be discontinued.
[Amended 5-20-2013 by L.L. No. 2-2013]
A.
Water service may be discontinued for any of the following
reasons:
(1)
Use of water other than as represented in the application.
(2)
Willful waste of water through improper or imperfect
pipes.
(3)
Interfering with any service pipe, seal, meter, curb
box, curb stop or any other appliance of the Village.
(4)
Nonpayment of bills for water or services rendered
by the Village.
(5)
Cross-connecting the Village service pipe with any
other source of supply or with any apparatus, which may endanger the
quality of the Village water supply.
(6)
Refusal of reasonable access to the property for the
purposes of inspecting fixtures or piping.
B.
Before service so discontinued shall be restored, the property owner
shall pay the turn-on charge and any additional costs to restore service
in advance of the work performed and sign an application for service,
if he has not already done so. In addition to the above, the property
owner may be required to pay water rent up to one year in advance
before restoration of service shall be considered.
[Amended 5-20-2013 by L.L. No. 2-2013]
C.
Shutoff of joint services. Where two or more users are now supplied
water through one service pipe under the control of one curb stop,
if any of the parties so supplied shall violate any of these rules
of this chapter, the Village reserves the right to shut off the joint
service line, except that such action shall not be taken until the
innocent user who is not in violation of the Village rules has been
given notice to the extent practicable.
[Amended 5-20-2013 by L.L. No. 2-2013]
Any person who shall, except as permitted by
this chapter, break, damage, destroy, uncover, deface or tamper with
any structure, apparatus or equipment which is part of any public
water supply system shall be deemed to have violated this chapter.
Any person who commits or permits any acts in violation of any of
the provisions of this chapter shall be deemed to have committed an
offense against such chapter and shall be liable for the penalties
provided. A separate offense against this chapter shall be deemed
committed on each day during or on which a violation occurs or continues.
A separate penalty may be imposed for each separate offense.
A.
All water used on any premises or for any purpose
shall be metered, except that no meter shall be required to be installed
to meter and measure water used for a sprinkler system for fire protection.
Any meters for fire protection systems existing in the Village will
no longer bill for water or the quarterly charge. No bypass or connection,
including but not limited to bleeders, shall be made or maintained
unless covered by a meter. Only meters purchased through the Village
of East Aurora, or which the Village has approved, shall be installed.
The Village Water Department shall determine the type and size of
meter in each instance.
[Amended 11-26-2007 by L.L. No. 10-2007; 9-17-2018 by L.L. No. 2-2018]
B.
The meter(s) shall be installed within the building
to be served as close as practical to the point where the service
pipe enters the building by an outside wall and shall be set with
the inlet and outlet in a horizontal line, with the register on top,
and shall be located so as to be readily accessible at all times for
reading, inspection and repair. Stop valves shall be provided on both
inlet and outlet sides of the meter.
C.
In the event of a discrepancy between the water consumption
as indicated by the reading device and the water consumption as measured
by the water meter, the water consumption as measured by the water
meter shall be controlling.
D.
Outside meter pits may be installed in special cases,
on written approval of the Village Water Department. Such meter pits
must be installed in accordance with Village specifications and at
the expense of the property owner.
E.
Provision shall be made to prevent hot water from
entering the meter. No tee or other fitting through which water may
be drawn shall be used or placed between the main and the meter. The
Water Foreman or agent may, at any reasonable time, enter upon the
premises for the purpose of inspecting pipes or reading or checking
the water meter and shall discontinue the supply of water when the
customer has failed to comply with Water Department rules and regulations
or for nonpayment of water bills.
F.
All meters will be tested before being set. Meters
furnished by other parties will not be recognized unless they have
been first tested by the Water Department and approval has been given.
G.
If the meter is not placed in an accessible location, the water supply
will be turned off by the Water Department and will be turned on at
the property owner's expense when the meter is reset in an accessible
position. There shall be no tampering with water meters or breaking
meter seals with the intent to slow, stop or alter the reading of
a water meter.
[Amended 5-20-2013 by L.L. No. 2-2013]
H.
At the request of a property owner, the Water Department will test the meter supplying the property of said property owner. If the meter, on test, is found to be registering over 3% more water than actually passes through it, no charge will be made for the test; otherwise, the fee charged shall be in accordance with § 263-5.
[Amended 5-20-2013 by L.L. No. 2-2013]
I.
When a meter is not working, the property owner will be billed by
estimate. The charge will be made on the basis of the average of the
water bill for the previous four quarters or for a comparable period,
whichever is deemed more accurate by the Village.
[Amended 5-20-2013 by L.L. No. 2-2013]
J.
The Water Department will provide meters up to one
inch at the property owner's expense.
[Amended 11-26-2007 by L.L. No. 10-2007; 5-20-2013 by L.L. No. 2-2013]
K.
Repairs to damaged meters shall be at the property
owner's expense. The Village may terminate water service after notice
of the defect has been given, if damaged meters are not repaired within
15 days.
[Amended 11-26-2007 by L.L. No. 10-2007; 5-20-2013 by L.L. No. 2-2013]
L.
Meters suspected to be inaccurate or leaking should
be reported to the Water Department immediately.
M.
The Water Department may inspect, replace or repair
any meter at any time it is felt it should be replaced or repaired.
N.
A meter damaged by or as a result of faulty plumbing
in the building, such as faulty heating or hot water system allowing
hot water to back through the meter or damage by a blow or tampering
or freezing, shall be repaired and the cost billed to and paid by
the property owner.
O.
Existing multifamily dwellings (rentals) with individual meters for
each unit may continue, but the water account shall be established
in the property owner's name and, as such, the property owner shall
be responsible for the payment of any billing.
[Amended 5-20-2013 by L.L. No. 2-2013]
P.
New multifamily, condo or townhouse facilities shall be master metered
(one meter), which shall be the responsibility of the property owner.
The meter size will be determined by the Water Department.
[Amended 5-20-2013 by L.L. No. 2-2013]
A.
The purpose of this chapter is to safeguard potable water supplies from potential contamination by preventing backflow from a water user's system into the public water system. It is the intent of this chapter to recognize that there are varying degrees of hazard and to apply the principal that the degrees of hazard protection should be commensurate with the degrees of hazard. Further, it is the intent of the Village of East Aurora, New York to comply with the requirements of the New York State Sanitary Code, Part 5 Section 5-1-31, which section mandates the requirement that the supplier of water protect their water system in accordance with procedures acceptable to the Commissioner of Health. These mandated requirements are as set forth in the Cross Connection Control Manual published by the New York State Department of Health (NYSDOH) and to that extent the terms, conditions and provisions of the New York State Sanitary Code, Part 5, Section 5-1-31, and the Cross Connection Control Manual are incorporated in this chapter by reference as if more fully stated.
B.
AIR GAP SEPARATION
APPROVED CHECK VALVE
APPROVED DOUBLE CHECK VALVE ASSEMBLY
APPROVED REDUCED PRESSURE PRINCIPAL BACKFLOW PREVENTION DEVICE
APPROVED WATER SUPPLY
AUXILIARY SUPPLY
CERTIFIED BACKFLOW PREVENTION DEVICE TESTER
CONTAMINATION
CROSS CONNECTIONS
NONTOXIC SUBSTANCE
PERSON
PREMISES
PROTECTIVE DEVICE
SERVICE CONNECTION
TOXIC SUBSTANCE
VACUUM BREAKER, PRESSURE TYPE AND NON-PRESSURE TYPE
VILLAGE
VILLAGE WATER SUPPLY
WATER FOREMAN
WATER SUPERVISOR
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
A physical break between a supply pipe and a receiving vessel.
The air gap shall be at least double the diameter of the supply pipe,
measured vertically above the top rim of the vessel, in no case less
than one inch.
A check valve that seats readily and completely. It must
be carefully machined to have free moving parts and assured watertightness.
The face of the closure element and valve seat must be bronze composition
or other noncorrodible material, which will seat tightly under all
prevailing conditions of field use. Pins and bushings shall be of
bronze and other noncorrodible, nonsticking material, machined for
easy dependable operation. The closure element shall be internally
weighted or otherwise internally equipped to promote rapid and positive
closure in all sizes where this feature is obtainable.
Two single independently acting check valves, including tightly
closing shutoff valves located at each end of the assembly and suitable
test connections. This device must be approved as a complete assembly.
A device incorporating two or more check valves and an automatically
operating differential relief valve located between the two checks,
two shutoff valves, and equipped with necessary appurtenances for
testing. The device shall operate to maintain the pressure in the
zone between the two check valves, less than the pressure on the public
water supply side of the device. At cessation of normal flow, the
pressure between the check valves shall be less than the supply pressure.
In case of leakage of either valve, the differential relief valve
shall operate to maintain this reduced pressure by discharging to
the atmosphere. To be approved, these devices must be readily accessible
for maintenance and testing and installed in a location where no part
of the device will be submerged.
Any water supply approved by the New York State Department
of Health.
Any water supply on or available to the premises other than
the approved public water supply.
An individual who has successfully completed a New York State
Department of Health approved course in the testing of backflow prevention
devices and has been issued a certificate by the New York State Department
of Health.
An impairment of the quality of the Village water supply
by the presence of any foreign substance (organic, inorganic, radiological
or biological) to a degree which creates a hazard to the public health.
Any unprotected connection between any part of the Village
water system used or intended to be used as a supply of water for
drinking purposes in a source or systems containing water or substance
that is not or cannot be approved as equally safe, wholesome and potable
for human consumption.
Any substance of a nonpoisonous nature that may create a
moderate or minor hazard to the water supply system.
Any natural person, firm, association, organization, partnership,
trust or association or persons, joint venture, corporation or company
and includes the United States, the State of New York, the County
of Erie, any special purposes district and officer or agent thereof.
Integrated land area, including improvements thereon, undivided
by public thoroughfares or water distribution mains of the Village
of East Aurora and where all parts of the premises are operated under
the same management and for the same purpose.
Any of the following devices:
The terminal end of a service connection from the Village
water supply at its point of delivery to the consumer. If a meter
is installed, "service connection," means the downstream end of the
meter. No unprotected takeoffs from the service line ahead of any
meter or backflow protective device located at the point of delivery
to the consumer shall be permitted.
Any substance (liquid, solid or gaseous), including raw sewage
and lethal substances, that when introduced into the water supply
system creates or may create a danger to the health and well being
of the consumer.
A vacuum breaker which can only be used for internal plumbing
control and, therefore, not acceptable as a containment device.
The Village of East Aurora.
Approved water supply sold and delivered to consumers' premises
through the waterworks system of the Village of East Aurora.
The Water Foreman of the Public Works Department of the Village
of East Aurora, or his/her authorized representative.
The consumer, and/or owner of premises, and/or a person the
premises charged with the responsibility of complete knowledge and
understanding of the water supply piping within the premises and for
maintaining the consumer's water system free from cross connections
and other sanitary defects, as required by this chapter and all other
required regulations and laws.
C.
"Shall" is mandatory; "may" is permissive.
D.
Protection required.
(1)
Where protection is required. The water system shall
be required to maintain a degree of protection commensurate with the
degree of hazard regardless of whether the hazard is immediate or
potential. To that extent, the Cross Connection Manual published by
NYSDOH shall be used as a guide to determine where protection is required.
It shall be the responsibility of the water user to provide and maintain
such required protection devices and such devices shall be of a type
acceptable to the NYSDOH.
(2)
Type of protection. The type of protective device
required shall depend on the degree of hazard as tabulated below:
(a)
At the service connection to any premises where
there is an auxiliary water supply handled in a separate piping system
with no known cross connection, the public water supply shall be protected
by an approved reduced pressure zone device.
(b)
At the service connection to any premises on
which a substance that would be objectionable, but not necessarily
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.
(c)
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 zone backflow prevention device. If an air gap is installed,
it shall be located as close as practical to the water meter, and
all piping between the water meter and receiving tanks shall be entirely
visible. A reduced pressure zone device when installed shall be located
as close as possible to the property line.
(d)
At the service connection to any premises on
which any material dangerous to health, or toxic substance and 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 practical to the water meter, and any 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 zone backflow
prevention device and it shall be located as close as possible to
the property line.
(e)
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. If these conditions cannot reasonably
be met, the public water supply shall be protected with an approved
reduced pressure zone backflow prevention device and it shall be located
as close as possible to the property line.
(3)
Frequency of inspection of protective devices. 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 instances where
successive inspections indicated repeated failure. 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
will be provided to the water user within 72 hours after the test
is made. Records of such tests, repairs and overhaul shall also be
kept and made available to the water user and the local health department
upon request.
E.
Penalties for offenses; recourse for noncompliance.
(1)
Water service connection to any premises shall be
installed or maintained by the water user unless the water supply
is protected as required by this chapter and such other applicable
local, state and federal laws, rules and regulations.
(2)
If any facility served by a water system denies a
Water Department person access to their premises for the purposes
of determining if protection to the public water system is necessary,
the maximum protection condition shall be imposed with the requirement
that the number of devices shall equal the number of service lines.
(3)
The following penalties shall be applicable for a
violation of this section:
(a)
Failure to install the appropriate backflow
prevention device within the prescribed time frame as per the Superintendent
of Public Works and/or his designee after first notice: $250.
[Amended 11-26-2007 by L.L. No. 10-2007]
(b)
Failure to install the appropriate backflow
prevention device within prescribed time frames after second notice:
termination of service.
(c)
Failure to at least annually test the backflow
prevention device: $300 and/or termination of service.
(d)
Failure to replace or repair a backflow prevention
device as required: $1,000 and/or termination of service.
All new water mains installed along any state
highway road, street, lane, or thoroughfare located within the Village
of East Aurora, including but not limited to Main Street, Hamburg
Street and Buffalo Road, must be at least 12 inches in diameter.
In the event that any customer violates any provision of this chapter in respect to making or maintaining the connection of the meter with the water system and fails to correct such violation within five days after notice has been given by the Water Department to do so, or in the event that the customer has failed to install a meter in connection with premises being served through the water system by the date fixed as the final date for making connections, unless said date is extended by public action and notice, the Water Department shall have the right to remedy the violation at the expense of the customer, and the charge therefore, plus a service charge in an amount defined in § 263-5 shall be a lien prior to and superior to every other lien or claim except the lien of an existing tax or local assessment upon real property of said owners so served with water from the date said work is done until it is paid. The bill shall be submitted for the same immediately after the work is completed, and, if it is not paid within 10 days, such amount shall be added to the bill submitted at the next billing period, and if not paid when due, service may be discontinued.
[Amended 11-26-2007 by L.L. No. 10-2007]
In case a house or other building is to be closed or become vacant, notice thereof shall be given to the Water Department in order that the meter may be read and the curb connection closed. The meter shall be removed and stored by the Water Department. Where such notice is not given and pipes burst from freezing or other cause, the value of the water lost based on pipe diameter and available pressure, as well as damages to metering equipment as determined by the Water Department, together with the additional sum defined in § 263-5 to cover labor and expense to the Water Department, shall be added to the next bill and be paid in like manner as regular water charges. Regardless of water usage, minimum quarterly bills will continue to be assessed due to availability of service. Charges cease only when curb connection is completely removed and water service is no longer accessible.
In addition to the above provided penalties,
the Village Board may cause water service to be cut off to any property
where a violation exists. The Village Board may also maintain an action
or proceedings in the name of the Village in a court of competent
jurisdiction to compel compliance with or to restrain by injunction
the violation of this chapter.
Violations of any of the provisions of this
chapter shall be punishable by a fine of not more than $250 or by
imprisonment for not more than 15 days, or both. Each day's continuance
of a violation after notice shall be deemed a separate and distinct
violation and shall be punishable accordingly.