SACKETS HARBOR MUNICIPAL WATER
LAW
Local Law # 1, 2010
§1-0 Application of
provisions; definitions.
A.
The following rules and regulations as established by the
Board of Trustees of the Village of Sackets Harbor, or as hereinafter amended
or modified, are hereby made a part of any and all agreements or contracts with
each consumer, property owner, taker or user of water furnished directly or
indirectly from the mains of said Village.
Those desirous of making permanent connections to the mains
of the water system of the Village shall make application for permission
therefore for each connection which is requested to be made. The aforesaid refers to any installation
where part of the service as extending from the distribution main to the curb
stop is under the highway. Nothing in
this section shall be construed, however, as prohibiting the Superintendent of
Public Works from requesting a greater charge for connections to the Village
mains when, in his opinion, conditions or other circumstances are such that a
greater charge is merited. It shall be
in the discretion of the Superintendent of Public Works to fix and determine
the charges for this service.
B.
Each and every consumer, property owner, user or taker of
water from the Village water system shall be in all respects bound by and shall
be considered to have agreed to the rules, regulations, requirements and
schedules of water rates and other charges as hereinafter set forth, or amended
or modified by the Board of Trustees, as a condition precedent to the rights of
service from said water system.
C.
Definitions. As used
in this chapter, the following terms shall have the meanings indicated:
SEASONAL USER: Any
person, firm or corporation who takes and uses water furnished directly or
indirectly from the mains of the Village to their residence, business, or other
premises for not more than 274 consecutive days per year.
USER: Any person,
firm or corporation who takes and uses water furnished directly or indirectly
from the mains of the Village to their residence, business, or other premises.
PROPERTY OWNER. Any
person, firm or corporation that owns real property to which the Village
provides water service by permanent connection from the mains of the Village.
§ 1-1 Connection to
Village system required; hookup fee.
A.
All users of the sewer system within the limits of the
Village of Sackets Harbor are hereby required to connect to the Village water
system, provided that they have reasonable physical access thereto.
B.
The Board of Trustees is enabled to establish the minimum
rate of $500 for new water hookup fees, with the authority to charge the actual
cost of time and materials above and beyond the minimum, or to otherwise modify
the rate, by simple resolution of the Board.
C.
Each water service line shall be separately metered.
Standard 5/8-3/4 inch meters are supplied and maintained by the Village Water
Department. Larger-size meters are available to be purchased by a property
owner through the Department of Public Works at cost.
D.
It shall be the obligation of the property owner to provide
a suitable location for the piping adapted to receive the water meter and an
operable hand valve on the service side of the meter.
E.
Upon application to and approval by the Village Department
of Public Works, a water service will be installed from a water main located in
the street upon which the applicant's premises fronts to a curb stop or shutoff
valve located approximately at the applicant's property line or curb line. It
shall be the responsibility of the applicant/property owner to complete the
installation of the water service to the curb stop or shutoff and to the
building which is to be served. Before installing the main tap and covering the
trench in which the water service pipe is laid from the main tap to the
building, the property owner shall first notify the Village Department of
Public Works and provide access thereto for inspection and approval. Any
corrections required by the Village Department of Public Works shall be made by
the property owner at the property owner's expense prior to initiation of water
service. In the event that the property owner shall fail to provide the Village
Department of Public Works with an adequate opportunity for inspection, the
Village Department of Public Works may enter onto the property, re-tap the main
line, retrench the pipe and complete the proper inspection. In the event that
repairs are required following said inspection, the property owner shall have a
period of 15 days to complete those repairs. In the event that the property
owner fails to complete those repairs within the 15 days, the Village
Department of Public Works may complete the repairs to bring the service to
proper standards prior to initiation of service. The cost to the Village for re-tapping,
retrenching and any repair required shall be billed to the property owner based
upon the prevailing labor rates in effect for the Village of Sackets Harbor at
the time the work is performed, plus the cost of any materials provided by the
Village. In the event that the property owner fails to remit payment for labor
and materials within 30 days from the billing date, the amount thereof shall be
subject to the provisions of § 1-12 of this local law.
F.
Those desiring the use of water for temporary purposes shall
make application therefore to the Board of Trustees setting forth in detail the
reasons therefore and the exact use which is to be made of the water, and the
Board may issue the necessary permit under such terms and conditions as it may
determine.
G.
No work shall be performed upon the Village mains or upon
the services connected thereto between the main and the curb stop except by
employees or agents of the Village of Sackets Harbor.
§1-2 Connections to
Water System
A.
The installation of the service pipe from the curb box to
the meter shall be performed to the satisfaction of the Village and its
representative. The curb stop shall
remain closed and shall not be opened by anyone other than a Village employee
or agent.
B.
Except with the written permission of the Village of Sackets
Harbor, a separate tap and service shall be installed for each premises located
on a street in which there is a Village water main, and no consumer will be
allowed to supply water to another person or premises. When the word “premises” is used herein, it
shall be taken to designate a building under one roof owned or leased by one
party and occupied as a residence or for a business, commercial, educational or
governmental purposes. Each premises
having its own frontage upon a street upon which there is a water main shall
have its own individual service; except, however, that in all cases where two
or more buildings in the same lot have frontage on the street upon which there
is a water main, the buildings which do not have a water service may connect to
the waterline of the building having such service, provided that when such
connection is made, due notice is given to the Village by the party so
connecting before any water is drawn from the connection so that the Village
may require a separate meter for each building using water under such
conditions. Any person who violates the
provisions of this subsection shall be guilty of disorderly conduct and subject
to a penalty of not less than $250 for the first offense and a penalty of $500
for each additional offense.
C.
No connection of any kind shall be made to the service pipe
between the main and the meter.
D.
Where an application is made for a connection for which an
existing service pipe is provided to the curb box only, all work shall be
performed in accordance with these rules and regulations and specifications as
far as they are applicable. It shall be
the expense of the applicant or his agent to determine that the portion of the
connection previously installed is in satisfactory condition and to make any
repairs thereto which may be required by the Village or its
representative. Detailed methods of
connection to the existing service pipe shall be in accordance with the
instructions of the Village or its representative. The applicant must pay any charge which was
outstanding for the service connection previously installed upon application
for such service connection.
E.
Where an application is made to increase the size of the
service pipe or for any other change to be made in said pipe which serves any
user, the valve controlling such service must be closed at the main prior to
any withdrawal of water through the reconstructed service pipe.
F.
All work incident to the digging of any trench, the laying
of pipe and the backfill in making the connections referred to hereinabove and
the installation of the water meter shall be at the sole expense of the
applicant and must be performed to the satisfaction and under the supervision
of the Village Superintendent of Public Works or his representative.
§1-3 Use of other
water sources.
A different source of water may be used if it is not
intended to be the primary source of water for human purposes or if the user
does not have reasonable access to the Village water system.
§1-4 Water service
disconnection and reconnection.
A.
No water service shall be initiated or terminated and no
water meter shall be installed or removed except by employees of the Village
Sackets Harbor Department of Public Works.
No unauthorized persons shall be permitted to open or shut
any fire plug, hydrant, gate, shut-off or curb stop attached to any Village
water meter. Except in cases of fire, no
person or persons shall take water from the fire hydrants of said Village for
any purpose whatsoever without having obtained a special permit from the Clerk
of said Village, which permit shall be conditioned in accordance with the
circumstances involved at the discretion of the Board. In case of fire, said fire hydrants shall be
opened and water taken there from only by Village employees or active members
of the Fire Department.
C.
Meters will be installed or removed only during regular
working days of the Water Department and will not be installed or removed on
weekends or holidays.
D.
A request for meter installation or removal or initiation or
termination of service must be made in writing by the property owner not less
than 48 hours prior to the requested date for installation or removal, excluding
weekends and holidays. Such request shall be made to the Village Office, and
the fee for service, set annually by the Board, will be assessed on the next
water bill. Any such fee that is not paid within 30 days from the date of
assessment shall be subject to the provisions of § 1-12 of this local law. The Clerk shall cause a Village employee to
shut off the service at the curb box.
When it is desired to resume service, similar notification shall be
given to the Clerk, and, upon payment of all indebtedness, a Village employee
will turn on the water at the curb box.
The charge made for turning the water on or off shall be $50.00 during
regular working hours.
E.
The Village Department of Public Works may discontinue water
service on any part of its system at any time deemed necessary in order to make
repairs or extensions. The Village Department of Public Works will attempt to
provide advance notice of any discontinuation of service to all users affected
thereby, but shall not be required to do so when circumstances do not permit delay.
F.
The Village Department of Public Works may discontinue water
service to any property for nonpayment of any charges or fees due under this local
law or for failure to comply with any of the provisions of this local law.
G.
In case it is desired to abandon a service, the Clerk of the
Village of Sackets Harbor shall be notified and the service will be
disconnected at the main. The work shall
be performed at the expense of the property owner. Service shall be controlled at the curb
stop, and water will be charged for as long as the curb stop is open. The water shall be turned off and on only by
employees of the Village of Sackets Harbor and only after the Village Clerk has
received a written request for such action by the property owner or Village
Board. Violations of this rule shall be
sufficient cause for discontinuing the service as set forth above.
H.
The Board of Trustees of the Village of Sackets Harbor shall
not be liable for any damages which may result to consumer’s pipes, appliances
or other fixtures from the shutting off of water mains or service pipes for any
purpose whatsoever, whether previous notice has been given or not. No deductions from the service charge will be
made for periods when the service is shut off.
§ 1-5 Repairs, and
maintenance.
A.
It shall be the responsibility of the property owner to
repair and maintain the service pipes from the Village's curb stop or shutoff
to and into the building serviced. All damages to and/or leaks in piping,
appliances and outlets shall be promptly reported to the village and repaired
by the property owner. If such repairs are not promptly and properly made the
Village Department of Public Works may discontinue service to the property
owner upon twenty-four-hour notice. Any such discontinuation of service shall
be for cause under the provisions of this local law.
B.
Any damage to the Village's curb stop or shutoff caused by
the property owner or any person hired by the property owner shall be repaired
or replaced by the Village Department of Public Works, and the cost of the
labor provided by the Village at the prevailing wage in effect for the Village
plus the cost of the materials shall be charged to the property owner. Any such
charges not paid within 30 days from the date of billing shall be subject to
the provisions of § 1-12 of this local law.
C.
The Board of Trustees and the Department of Public Works of
the Village of Sackets Harbor shall have control of the installation,
maintenance, repair and adjustment of taps, main, curb boxes, service pipes and
meters. The Board of Trustees and
Department of Public Works of the Village of Sackets Harbor shall not be
responsible for breaks, obstructions or intermission in service arising from
any cause whatsoever, except that it may take such steps as are reasonable,
upon proper notification, to make such repairs as may be necessary to restore
service from the main to the curb stop.
Charges for such repairs are to be made in accordance with this local law.
D.
The Board of Trustees of the Village of Sackets Harbor and
the Department of Public Works do not guarantee service from the street main to
the meter or through the house or through any piping, valves or connections
therein.
E.
Damaged meters shall be repaired by the Board of Trustees and/or
the Department of Public Works of the Village of Sackets Harbor at the expense
of the consumer or property owner, except where the damage is caused by
ordinary wear and tear.
F.
All persons are forbidden to interfere with or remove a
water meter from any service. Any person
violating the provisions of this subsection shall be guilty of disorderly
conduct and subject to a fine and penalty of not less than $250.00 for the
first offense and $500.00 for each additional offense.
G.
No seal placed by the Board of Trustees of the Village and/or
the Department of Public Works of Sackets Harbor for the protection of any
meter, valve, fitting or other water connection shall be tampered with or
defaced. It shall not be broken, except
with written authorization from the Board of Trustees and/or the Department of
Public Works of the Village of Sackets Harbor.
Where the seal is broken, the Board of Trustees and/or the Department of
Public Works of the Village of Sackets Harbor reserves the right to order the
meter removed for testing at the expense of the consumer.
H.
Whenever a seal on a water meter shall be found to be
broken, it shall be presumptive evidence that it was broken by the property
owner or occupant of the premises in which it is located. Any person violating the provisions of this
subsection shall be guilty of disorderly conduct and subject to a fine and
penalty of not less than $250.00 for the first offense and $500.00 for each
additional offense.
§ 1-6 Individual
Services.
Each property serviced by the Village of Sackets Harbor
water system must be supplied by an independent service pipe from the water
main. No user or property owner shall permit water to be supplied from his
premises to another property except upon special permission granted in advance
by the Board of Trustees of the Village.
§1-7 Pollution and
contamination prohibited; remedies.
It shall be unlawful for the property owner or occupant of
property or the user of Village water, to introduce or permit the introduction
into the Village's water supply system pollution or contamination of any kind.
Whenever the Superintendent of Public Works finds cross-connection to another
water supply into the Village system or any other condition which presents the
possibility of contamination or pollution, he shall disconnect and discontinue
immediately the water supply to the premises where such condition is found or
other premises from which cross-connection is made and shall restore such water
supply only when the cross-connection is eliminated or the other condition
remedied. The Superintendent may permit
or require a backflow preventer of pattern and design which the New York State
Department of Health approves as reasonably adequate to prevent contamination,
if the Superintendent of Public Works determines that a complete physical
separation from the Village water supply is not practicable or necessary or
that adequate inspection for cross-connection cannot readily be made or that
such backflow preventer is necessary because of existing or possible backflow
resulting from special condition, use or equipment.
§1-8 Liability for
expenses.
Any corrective measure, disconnection or change on private
property shall be at the sole expense of the owner of such property. Any
expenses necessitated by changes required in the Village system outside such
private property or between the meter and the supply line or distribution
system and any charges for cutoff or disconnection shall be added to the
charges for water rents against the premises necessitating such expenditure.
§1-9 Conformance of
connections with standards.
A.
All physical connections which constitute potential
cross-connections are prohibited unless constructed, maintained and operated in
accordance with the provisions of the New York State Sanitary Code, Ten State
Standards for Water Systems, and the American Water Works Association
Standards.
B.
In cases where boilers or other special equipment are
supplied with water, or coils or other devices are installed in heating
furnaces or separate devices for the purpose of providing domestic hot water,
approved check and relief valves must be installed at the expense of the
property owner in the supply or feed pipe between the meter and the source of
the heat. This is not only to be installed
at the expense of the owner, but also at his peril. The Board of Trustees of the Village of
Sackets Harbor assumes no responsibility for the proper operation and function
of said valves.
C.
Meters shall be the size determined by the requirements of
each particular installation and shall be adequate for delivering and measuring
accurately the peak loads which they be required to handle.
D.
In all other cases which are not specifically covered by
Subsections A through C of this section, the judgment and discretion of the
Village of Sackets Harbor Board of Trustees and the Village Superintendent of
Public Works is final and binding.
§1-10 Private fire protection systems.
A.
In cases where it is desired to install connections to a
private fire protection system, written application shall be made to the Board
of Trustees or the designee of the Village of Sackets Harbor setting forth the
details thereof. The application shall
be accompanied by a sketch or diagram showing the plan of the system to be installed. This plan must be approved by the Board of
Trustees or the Department of Public Works of said Village previous to any work
being done.
B.
The Board of Trustees of the Village of Sackets Harbor
reserves the right to impose specific regulations and rates in connection with
the supply to private fire protection systems, including sprinkler systems,
stand pipes, and private hydrants.
C.
All installations necessary to serve private fire protection
systems shall be constructed and maintained at the sole expense of the property
owner or applicant. Connections for
private fire protection purposes shall be properly valved at the expense of the
property owner in order to prevent the use of water for any other purposes than
those which are contemplated by this section.
§1-11 Charges for
metered service.
A.
Within the corporate limits of the Village of Sackets
Harbor, water shall be charged to all property owners, customers, users or
takers in accordance with the rates established by resolution of the Village
Board of Trustees, as authorized by Subsection E of this section.
B.
Outside the corporate limits of the Village of Sackets
Harbor, water shall be charged to all customers, users or takers in accordance
with the rates established by resolution of the Village Board of Trustees, as
authorized by Subsection E of this section.
C.
For year-round users there shall be a minimum quarter-annual
charge of $125 per the first 3,000 gallons used, and $3 per each 1000 gallons
used thereafter, pro rated, and per size of the water meter as established by
resolution of the Village Board of Trustees, as authorized by Subsection E of
this section. For seasonal users there
shall be a minimum quarter-annual charge of $50 per the first 1,499 gallons
used, and the year-round user rates shall apply once 1,500 or more gallons per
quarter are used. Seasonal users shall
pay the foregoing rate for all four quarters each year, including any quarter
when water is not used, and no meter is in place.
D.
Connection of users outside corporate limits, contract. The owner, lessor or lessee of property
outside the corporate limits of the Village of Sackets Harbor, New York, may be
allowed to connect with the existing water mains of the Village of Sackets
Harbor, and to purchase water from the Village and to be charged the same base
water rates paid by Village users at the sole discretion of the Village Board,
which shall in no case be obligated to offer or provide such water service,
under the following conditions:
The owner, lessor or lessee of premises located outside the
Village of Sackets Harbor and seeking connection to the existing water mains of
the Village of Sackets Harbor, and to purchase water from the Village, who
desires to be and remain connected thereto and supplied with water by the
Village of Sackets Harbor, New York, in connection therewith, shall enter into
a contract with the Village of Sackets Harbor, New York, setting forth the
terms and conditions under and by which water will be furnished and supplied.
E.
Charges for metered water service within and outside the
corporate limits of the Village of Sackets Harbor shall be established and
imposed, and may from time to time be amended and revised, by resolution of the
Village Board of Trustees, following public hearing and notice of same.
§1-12 Payment and billing.
A.
Any property owner connected to both the Village water
system and a separate water source shall be required to pay for the water used
from the Village water system at existing rates.
B.
Water usage shall be billed to the exact number of gallons
used during the billing period. Each
property owner will, unless it is otherwise provided, receive a bill for the
exact number of gallons of water used quarter-annually, the same to be due and
payable upon presentation. Each of these
bills shall include the charges for water consumed as well as any other charges
which the property owner may have incurred.
C.
The Board of Trustees of the Village of Sackets Harbor shall
fix the water rates each year at the organizational meeting of the Village
Board or within 60 days thereafter at a meeting of the Village Board. In
addition, the Village Board may adopt rules and regulations from time to time
not inconsistent with this chapter or any other law for enforcing the collection
of water rents and relating to the use of the water within the Village of
Sackets Harbor or any debt service incurred by the Village for repair,
maintenance and upgrading of the water system.
D.
In any case where the amount of water used is of such
quantity that the Village shall deem it advisable to issue a bill monthly, it
shall be done notwithstanding the provisions of the foregoing subsection. The decision of the Village Board shall be
binding, and the bills shall become due and payable upon presentation.
E.
The responsibility for payment of all bills for water and
any other fees or charges due under provision of the local law, rests upon the
owner of the premises, who shall be liable for all charged when due and
payable, and such charges shall be a lien upon the premises until fully paid.
F.
Failure to receive a bill does not entitle any consumer or
property owner to avoid the penalty as hereinafter provided. The Board of Trustees of the Village does not
guarantee billing or delivery of bills, notices or orders to any consumer or
property owner.
G.
Each property owner shall be charged for repairs to meters
based upon the cost of the labor provided by the Village at the prevailing
rates in effect for the Village plus the cost of materials. In addition, each
property owner shall be charged for tapping a water main to install a water
service in accordance with the schedule and rate then in effect as published by
the Village of Sackets Harbor.
H.
In the event that a property owner fails to pay for water
usage or any fee imposed pursuant to the provisions of this local law within 30
days following the issuance of a bill by the Village Office, the Village
Department of Public Works may cease and refuse to service such delinquent
consumer and may discontinue the water service, and the amount due for water
service plus penalties and interest shall be added to the tax roll for the
property serviced or the Village may sue for such account and take judgment
thereof on behalf of the Village and issue execution thereon If water service
is terminated hereunder but the amount due on any unpaid bill is paid prior to
the taking of a judgment as aforesaid, the water will be restored only upon
payment of all costs actually incurred by the Village for the collection of
such unpaid bills, including attorney's fees and expenses and court costs
together with an additional charge, at the current rate, for restoration of
water service.
I.
All billings made to a property owner under the provisions
of this local law not paid within 30 days of the date of the billing shall be
subject to interest at the rate of 10% of the outstanding bill.
J.
Notwithstanding the provisions of the foregoing subsection,
there shall be a penalty of 10% added to any current bill if any previous
account of the party to whom the bill is rendered has not been paid in full.
§ 1-13 Penalties for
offenses.
Any person violating the terms or conditions of this local
law shall be subject to a fine not exceeding the sum of $250 for the first
offense and $500 for each offense thereafter, or to imprisonment for a term not
exceeding 15 days, or both, for each violation, unless other fines or penalties
are specified in this local law. Each 7
days that a violation continues will be deemed a separate violation.
§ 1-14 Authorization
to grant injunctions.
The Board of Trustees is hereby authorized to grant an
injunction prohibiting any person from improperly using the water or sewer
system.
§1-15 Authority of Board
of Trustees to restrict Use/Limitation of Liability and Damages.
A.
During periods when the supply of water is inadequate or
there is an imminent threat that it will become inadequate, the Village Board
is authorized temporarily and during the existence of such period of inadequate
supply or threat thereof to issue an order prohibiting the use of water from
the Village supply for watering of lawns and gardens, washing of automobiles or
other nonessential uses.
B.
In case of violation of such order or orders, the
Superintendent of Public Works is further authorized to cut off the supply of
water to the person or firm so violating such order or orders.
C.
The Board of Trustees of the Village of Sackets Harbor and
its agents, officers and employees shall not be liable for any damage sustained
by reason of its failure to supply water to any consumer at any time or for any
cause. It reserves the right to control
the amount of water supplied in the event that the supply becomes short for any
reason.
D.
The Village of Sackets Harbor does not assume responsibility
for frozen services notwithstanding the fact that the installation of any
service which may subsequently become frozen had been installed and/or approved
by its representatives.
§1-16 Collection of
unpaid bills.
Unpaid bills for water service charges or other charges
incurred by the consumer are a lien upon the property. The Board of Trustees of the Village of
Sackets Harbor may enforce the collection of unpaid bills by cutting off the
supply of water after penalties start to accrue on the unpaid bills.
§1-17 Right to shut off water for Emergencies,
repairs or additions.
A.
The Village reserves the right at all times and without
notice to shut off the water in case of a break in a water main or in a water
pipe and also for repairs on a water main or on a water pipe or for extension
of a water main, and such right reserved to shut off water as aforesaid shall
be exercised without damages therefore against the Village.
B.
In addition to the foregoing, the Village may, without
notice to the property owner, consumer or occupant of the premises, discontinue
water service if, in the judgment of the Village Superintendent of Public
Works, it is necessary to discontinue the water supply to prevent immediate
serious and substantial injury to the waterlines or to persons or property
located on or near the premises to which the water is supplied.
§1-18 Right of entry.
The Village through its duly authorized agents shall at all
times have the right to enter upon any premises or into any building thereon
served by the Village Water System for the purpose off reading water meters,
inspecting, repairing or replacing service connections, water meters and other
property owned by the Village, or inspecting for compliance with this Local
Law.
§1-19 Interpretations
of Regulations.
The Board of Trustees of the Village of Sackets Harbor shall
be the sole judge as to the meaning of these rules and regulations. Its interpretation shall be final and binding
upon all applicants for water service and upon all users, consumers and
property owners.
§1-20 Severability.
Should any section or provision of this Local Law be
declared by a court of competent jurisdiction to be invalid or
unconstitutional, such decision shall not affect the validity of this Local Law
as to the whole or any part thereof other than the part so declared
unconstitutional or invalid.
§1-21 Effective date.
The provisions of this Local Law shall take effect on
September 1, 2010.
