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.
Supp. #5, 1/29/2001
§ 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.
Supp. 35, 1/29/2001
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.]
Supp. #5, 1/29/2001
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.
Supp. #5, 1/29/2001
§ 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.
Supp. #5,1/29/2001
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).
Supp. #4, 12/31/99
§ 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.
Supp. #4, 12/31/99
§ 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
Supp. #4, 12/31/99
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.]
Supp. 35, 1/29/2001
§ 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.