CHAPTER 45

WATER REGULATIONS

ARTICLE I

GENERAL PROVISIONS

§ 45.1 Title

This Chapter shall be known and may be cited as the "Village of Mineola Water Regulations Law".

§ 45.2 Purpose

It is the intent of the Village of Mineola to continue to furnish an adequate supply of pure and wholesome water to the residences, business and industrial establishments in the Village of Mineola and also to supply sufficient water with sufficient pressure in its water supply system to adequately protect the buildings in the Village from damage or destruction by fire and to permit the residents of the Village to have the protected rate of the fire rating organizations on their fire insurance for both their buildings and personal property.

This Chapter is therefore enacted in order that the water supply system be properly maintained, improved and extended primarily for the benefit of the water users and taxpayers within the Village limits.

§ 45.3 Applicability of Chapter; Board

A. Applicability of Chapter.

This Chapter shall be applicable to all property owners and water users within the Village, and the provisions of this Chapter shall be applicable to all water users as provisions of a contract in accordance with which water is to be supplied to such users.

B. Board of Water Commissioners.

The Board of Water Commissioners known as the "Mineola Water Commission" shall be comprised of the Mayor and the Board of Trustees of the Village.

C. Powers and duties.

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§ 45.3 MUNICIPAL CODE

The Mineola Water Commission's powers and duties with regard to this Chapter shall include but not be limited to:

1. To draft legislation concerning Village water matters.

2. To conduct informal meetings, forums, workshops and seminars on the subject of Village water matters.

3. To appoint an individual who shall serve as the Secretary to the Water Commission. The Secretary shall serve at the pleasure of the Water Commission. [§ 45.3 amd. LL # 30, 2000, 6/21/2000.]

§ 45.4 Connection with Village water supply system required

The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated 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 water main of the Village water supply system, is hereby required at the owner's expense to install service pipes and all fixtures connected therewith as hereinafter provided in this Chapter.

Any cross-connections with any private water supply system shall be disconnected as provided in Article III of this Chapter.

§ 45.5 Applications

Applications shall be made at the office of the Village Clerk at the time of filing plans for the introduction of water to any premises or for the extension of any pipe for the conveyance of such water and shall be made upon a blank furnished for that purpose. Such application shall truly state all the use for which the water is desired. Expenditures attending the introduction to any premises must be paid by the applicant at the time of making application.

§ 45.6 Licensed plumbers only to make connections

No persons shall make any attachment with the pipes of the water works nor make any repairs, additions to, or alterations of any tap, cock or other fixtures connected with the service water pipe unless he or she be a plumber duly licensed by the Village. A list of the names of the plumbers who are permitted to work from mains will be found at the office of the Village Clerk.

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WATER REGULATIONS § 45.9

§ 45.7 Materials required

All service pipes must conform to Village specifications. Every service pipe must have a stopcock at the sidewalk provided with an iron box and cover, pattern approved by the Village. The stopcock shall always be under the entire control of the Village and its officers.

§ 45.8 Consumers to be responsible for repairs

Water consumers must keep their own water pipes and all fixtures connected therewith in good repair and protected from the frost at their own expense, and no water shall be allowed to run to waste. They must provide a stopcock and wastecock to be properly located inside of the wall of the building and have the pipes so arranged that the water can be drawn from them whenever or wherever there is danger of freezing. Service pipes must be laid at least four (4) feet below the surface of the ground.

§ 45.9 Separate tap connections

Permission will not be granted to supply two (2) or more

[Next page is 45.3.]

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WATER REGULATIONS § 45.14

dwellings from a single tap except upon special permit, and in all cases separate and distinct stopcocks and meters for each tenement building or premises must be provided.

§ 45.10 No Rebate for partial use

On all premises into which water is or shall be introduced, full schedule rates will be charged for all use, and no rebate will be allowed for partial use from walls, cisterns, etc.

§ 45.11 Water pipes to be kept separate

In no case shall any water pipe be allowed to be laid in any sewer or drain trench, nor will any drainage into a water‑pipe trench be permitted.

§ 45.12 Waste of water not allowed

Hydrants, faucets, taps, hose, closets, baths or other fixtures will not be permitted to be kept running when not in actual use. In case of fraudulent representation on the part of any water consumer, or unnecessary waste of water, the supply will be stopped and the payment forfeited.

§ 45.13 Yard fountains, etc.

A. No yard fountain, jet or lawn sprinkler shall be used unless on a meter.

B. No yard fountain, jet or lawn sprinkler shall be used for the purpose of outside watering during the period from June 1 to September 15, except as follows:

Such yard fountain, jet or lawn sprinkler shall not be used on the odd‑numbered side of the street on even‑numbered days of the month, and on the even‑numbered side of the street shall not be used on the odd‑numbered days of the month, except that on July 31 and August 31 such items may be used on both sides of the street.

§ 45.14 Permit required for opening streets

Whenever any street or public place shall be opened for the purpose of making a connection or for laying any water pipe or fixtures, a permit shall be obtained as provided in Chapter 44 of

§ 45.14 MUNICIPAL CODE

this Municipal Code* and whenever a trench is opened, bridges for

the safety and convenience of the public shall be provided, and if left open at night it shall be guarded with barricades, and lights shall be displayed to warn and protect the public.

§ 45.15 Written notice for discontinuing service required

Persons wishing to discontinue the use of water must give written notice thereof to the Village Clerk.

§ 45.16 Owners responsible for rents

Owners of premises shall be held responsible for the water rents and charges of their tenants and the water rent and charges shall be a lien upon the property for the use of which the water is supplied.

§ 45.17 Inspection allowed

The designated Enforcement Officer shall have full power to enter the premises of any consumer at all reasonable hours to examine fixtures, to examine the manner of using water, to read or replace or service meters, or to inspect for leaks. In the event that a consumer shall fail or refuse to permit service to or replacement of a meter, the Department of Building and Code Enforcement shall give written notice by certified and regular mail to the owner of record of the premises that the failure to give access within fifteen (15) days of the date of the letter shall result in the termination of water service to the location. In the event that a consumer shall fail or refuse to permit the reading of a water meter for the purpose of ascertaining an accurate report of consumption for billing purposes, a surcharge of Fifty Dollars ($50.00) shall be imposed upon the consumer for each and every month that access shall be denied or prevented, provided that written notice of this consequence shall have been mailed to the record owner of the premises fifteen (15) days prior to the imposition of the surcharge. The surcharge may be avoided by the granting of access during usual business hours during the fifteen (15) day period. [Added LL # 1, 93, 3/17/93.]

§ 45.18 Permit for alterations required

No addition or alteration whatever in or about public water pipes, or private pipes connected to public pipes, shall be made by

*See § 44.9, supra.

WATER REGULATIONS § 45.21

any person until application therefor has been made to the Department of Building and Code Enforcement and a written permit given therefor. For any violation of this rule a penalty of Twenty-five Dollars ($25.00) will be incurred and the supply of water may be shut off until the same is paid subject to the provisions contained in Article II of this Chapter.

§ 45.19 Permission required to supply other premises

No faucet, hose bib or hose attachment or other fixture shall be placed in any yard or area of any premises so situated as to be accessible to persons living in or occupying neighboring premises; and no water consumer will be allowed to supply water to others except by special permit from the designated Enforcement Officer.

§ 45.20 Permission required to turn on water

When the supply of water to any premises is turned off by the direction of the Village, whoever shall turn it on without permission of the Village, or its appropriate officer, shall pay a penalty of Twenty-five ($25.00) Dollars for each offense.

§ 45.21 Licensed plumbers to perform work; bond

No plumber, except those licensed by the Village, shall be permitted to interfere with any connections with the water system. Every licensed plumber desiring to perform work relating to the Village Water System shall execute and file with the Village Clerk a bond in the sum of One Thousand Dollars ($1,000.00), conditioned that he or she will pay all moneys to the Village for fines or otherwise; that he or she will indemnify and save harmless the Village from all accidents for and by reason of any openings in any street, road, lane or other place in the Village made by him or her or by those in his or her employment for the purpose of putting down or inserting or removing any service pipe or pipes, hydrant or other apparatus for the introduction or discontinuance of Mineola Village water, or for any other object or purpose whatever; that he or she will replace and restore the street and pavement over every such opening in as good state and condition as he or she found it, and keep and maintain the same in good order to the satisfaction of the Superintendent of Public Work for a period of six (6) months thereafter*, that he or she will make true and faithful reports to the designated Enforcement Officer of the situation, size, number and character of all pipes, hydrants,

*See § 44.9, supra.

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§ 45.21 MUNICIPAL CODE

washers, water closets, bath, faucets and all other work or apparatus for conveying, containing or consuming village water made, fixed or inserted by him or her or under his or her direction. He or she shall pay to the Department of Building and Code Enforcement a fee established by Resolution of the Board of Trustees.

§ 45.22 Plumbers must obtain permits

No plumber shall be permitted to make any attachment to or alterations in any pipe by which water is supplied to consumers without a written permit.*

§ 45.23 When water may be left connected

No plumber shall leave the stopcock at sidewalk open or allow the water to run on the premises after making any new connection, or after making any new extension or attachment in unoccupied premises except in cases where the work is a simple extension or additional attachment in places where the water is then in use until a final inspection has been made by the Village.

§ 45.24 Unapproved connections

Whenever it shall be found that any pipes other than those conforming to Village specifications have ben laid, the connections shall be removed and the water cut off. Nor shall the connections again be made until the proper pipe is laid and all expenses and damages paid by the owner of the property.

§ 45.25 Village may order meters set or water cut off

The Village reserves the right to order a meter set at any consumer's expense to cut the water off.

§ 45.26 Rights reserved to Village

The right is reserved to the Water Commission to change the rules and regulations; to make special contracts in all proper cases; and to shut off any and all consumers in case of extensions, repairs and other necessity, without claim for damage for loss of water, or which may result from insufficient supply of water from any cause. [Amd. LL #30, 2000, 6/21/2000.]

*See Chapter 29, § 29.31 et seq.

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WATER REGULATIONS § 45.28

§ 45.27 Charges; meter removal

A. Correctness of charges.

Any customer finding an overcharge or undercharge in his or her statement is requested to report the error before paying the bill so that it may be corrected. The consumer guarantees the correctness of the bill when paying it.

B. Meter removal.

In no case shall a meter be removed without a permit issued by the designated Enforcement Officer for its removal.

§ 45.28 Water rates

A. Meter rates, categories and charges.

1. All water supplied by meter shall be charged at the rates set forth in the Water Rate Schedule annexed hereto.

2. Unless otherwise specifically stated in this chapter, water rates shall be based upon two (2) categories of use:

(a) one and two family use

(b) all other uses

3. There shall be a connect charge of Fifty Dollars ($50.00) for initiation of service and a disconnect charge of Fifty Dollars ($50.00)for termination of service.

B. Building construction purpose.

All water supplied for building construction purposes will be at the rate of One Dollar and Fifty Cents ($1.50) per One Thousand Dollars ($1,000.00) of the cost of construction.

C. Automatic sprinkler systems.

1. In any building or structure where automatic sprinkler equipment is installed, there shall be an annual service charge as follows:

a. For systems supplied by a two (2) inch pipe, One Hundred Dollars ($100.00).

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§ 45.28 MUNICIPAL CODE

b. For systems supplied by a three (3) inch pipe, One Hundred Twenty‑five Dollars ($125.00).

c. For systems supplied by a four (4) inch pipe, One Hundred Seventy‑five Dollars ($175.00).

d. For systems supplied by a five (5) inch pipe, Two Hundred Fifty Dollars ($250.00).

e. For systems supplied by a six (6) inch pipe, Three Hundred Dollars ($300.00).

f. For systems supplied by an eight (8) inch pipe, Five Hundred Dollars ($500.00).

2. Where automatic sprinklers are installed in a building or structure, there is to be installed, at the cost and expense of the applicant, a five‑eights‑inch bypass meter; and all connections and pipe necessary to connect said system to the Village water lines shall be installed by the Village of Mineola at the cost and expense of the applicant.

D. Miscellaneous.

The fees charged for miscellaneous water uses shall be:

Water‑supply water‑tank wagon, with a capacity of not more than one thousand (1,000) gallons: Twenty-Five Dollars ($5.00).

E. Rates for nonprofit organizations.

Where water is supplied to nonprofit organizations, such as shcools*, hospitals, religious and charitable institutions, and the amount of water consumed is equal to a greater amount than two million (2,000,000) gallons per month, the rate shall be ninety cents ($0.90) per one thousand (1,000) gallons. However, there will be a monthly minimum charge of Five Hundred Dollars ($500.00) per month.

F. Effective date. The rate changes set forth herein shall be effective for billings subsequent to December 31, 1998. [§ 45.28 amd. LL #3, 989, 1/21/99.]

*So in original.

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§ 45.29 MUNICIPAL CODE

§ 45.29 Water billings

A. Water billings shall be as follows:

1. Book Nos. 1 and 2: to be billed every February 1 and August 1, with the Billable Year commencing on February 1.

2. Book Nos. 3 and 4: to be billed every March 1 and September 1, with the Billable Year commencing on March 1.

3. Book Nos. 5 and 6: to be billed every April 1 and October 1, with the Billable Year commencing on April 1.

4. Book Nos. 7 and 8: to be billed every May 1 and November 1, with the Billable Year commencing on May 1.

5. Book Nos. 9 and 10: to be billed every June 1 and December 1, with the Billable Year commencing on June 1.

B. All water services for meters one (1) inch or smaller shall be billed every six (6) months.

C. All water services for meters greater than one (1) inch shall be billed on a monthly basis. The first monthly bill in each Billable Year shall include the minimum charge, regardless of usage, together with the appropriate charges for consumption in excess of the minimum.

D. All bills shall be dated the first of the month following meter reading and payable on or before the first of the month after billing date.

E. Any water charge or bill not paid within the specified time shall carry a penalty of five percent (5%) for the first month and one percent (1%) for each month or fraction of the month thereafter.

F. Delinquent water charges and bills shall be subject to the provisions of § 11‑1118 of the Village Law and Article II of this Chapter.

§ 45.30 Responsibility for mains and pipes

The Village of Mineola shall be responsible for all water mains and service pipes up to and including the curb box. The property

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WATER REGULATIONS § 45.33

owner shall be liable for all maintenance and service lines from the curb box to the building and all services inside the building.

ARTICLE II

TERMINATION OF SERVICE

§ 45.31 Termination of service for violation and nonpayment

Notwithstanding any of the provisions of this Chapter, except in case of emergency, temporary interruption necessitated by repairs, extensions or maintenance operations, shortage of water or similar situations, no service shall be terminated by the Village without complying with the following procedures.

§ 45.32 Notice of violation and hearing

Upon the determination by the Superintendent of Public Works or Village Clerk that a violation has occurred pursuant to this Chapter or that a bill for services or other charges has become delinquent, the Village Clerk shall notify in writing the occupant or occupants of the affected premises as well as the owner thereof either personally or by certified mail at the last known address of such persons, setting forth specifically the grounds for termination of service and the time and place of hearing within the Village. Such notice shall be served at least fifteen (15) days prior to the date of the hearing and shall contain a warning that unless such person or persons shall request in writing within ten (10) days after receipt of same that the hearing be held and such person or persons appear and offer proof or other evidence at such hearing, the service may be terminated without further notice.

§ 45.33 Conduct of hearing

At the time and place specified in the notice, the Village official designated by the Water Commission, hereafter referred to as the hearing officer, shall conduct the hearing and receive such proof or evidence that may be presented by the Village and the other interested parties. [Amd. LL #30, 2000, 6/21/2000.]

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§ 45.34 MUNICIPAL CODE

§ 45.34 Determination

At the close of the hearing, the hearing officer may order the termination of the service or other appropriate action as he or she may determine.

§ 45.35 Appeal

Any person aggrieved by the action of the hearing officer shall have the right to appeal to the Water Commission. Such appeal shall be taken by filing within fourteen (14) days after notice of the action complained of has been mailed to such person's last known address, together with a written statement setting forth fully the grounds for the appeal. The Water Commission shall set a time and place for the hearing on such appeal and notice of such hearing shall be mailed to the applicant at his or her last known address at least five (5) days prior to the date set for the hearing. The decision and order of the Water Commission shall be final and conclusive. [Amd. LL #30, 2000, 6/21/2000.]

References:

Additional sources, approval by DEC required. ECL § 15-501.

Excessive rates. Central School District No. 1 v Vil of Schoharie, 42 AD2d 1008.

Expansion of facilities to accommodate private persons prohibited. Op St Compt. 67-1051.

Federal aid for water resources. ECL § 15-0315.

Governmental function. "Acquisition and distribution of a supply of water for the needs of the modern city involves the exercise of essential governmental functions." Co. of Nassau v Water District, 62 AD2d 380. See, however, Mtr of County of Monroe, 72 NY2d 338.

Joint water, sewage or drainage project. Gen Mun L § 119-c.

Tampering with service to avoid payment; Class A Misdemeanor. Penal L § 165.15(4).

Termination of service. The United Sates Supreme Court has decided that providing water is a property right which may not be terminated without due process (Memphis Light, Gas and Water Division v Craft, 436 US 1 [1978]). Due process requires the provision of an opportunity for the presentation of a complaint by the customer and the opportunity to be heard before the service may be terminated. Op Atty Gen, 81-56.