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HomeMy WebLinkAbout1976 LL 2 - Water Rates & Service 1976 - Local Law No. 2 A local law providing for the institution, administration, reg- ulation, and collection of water rates and other charges relating to water service® Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Definitions. A. "Water Rate" shall mean the water rent, rate, charge, or surcharge imposed or levied by the Town of Ithaca, New York, for the use of water through the municipal water system. B. "Dwelling Unit" is a dwelling, or portion of a dwelling, providing complete living facilities for one family. C. "Municipal Water System", also referred to herein as "Water Works System" or "Water System" shall mean the water system, or any por- tion thereof, either separately owned, operated, and maintained by the Town of Ithaca or owned, operated, and maintained jointly with other municipalities and administered by the Southern Cayuga Lake Intermunicipal Water Commission, and shall include all component parts and facilities thereof including, without limitation, reservoirs, mains, pipes, treat- ment plants, storage tanks, intake facilities and all other appurtenances which are used or useful in whole or in part for the collection, impound- ing, treatment or distribution of water. D. The to "Contracting Municipality" shall mean any Municipality, public authority, public agency or public benefit corporation with whom the To contracts to deliver, receive, treat and distribute a supply of water® E. "Commission" shall be deemed to mean the Southern Cayuga Lake Intermunicipal Water Commission unless otherwise expressly stated. F. "Charge" or "Charges" shall also be deemed to include any surcharges whicM may be established under this law. Section 2. All revenues imposed hereunder, together with all interest and penalties thereon, shall be designated in such manner as to identify them as water revenue funds® All such revenues derived from such water service and operation of the water system shall be applied towards the payment of the cost of operation and maintenance of the water works system and the facilities, extensions and improvements thereof, and toward the payment (i) of the cost of construction thereof including the payment of principal and interest on outstanding serial bonds or other obligations issued or incurred in connection with such water works system. Section 3® For the use of water and for the purposes hereinabove set forth, the scale of water rates, rents or charges, as set forth in Schedule "A" annexed hereto and made a part hereof is hereby established and imposed. Section 4. A. All water rates and charges due hereunder shall be paid to the To Clerk of the Town of Ithaca at the Town offices at 126 East Seneca Street, Ithaca, New York. oowy B. The Town Clerk or other person authorized by the Town Board shall keep a record of all properties within the Town of Ithaca which are connected to the municipal water system and the municipal sewer system and bills shall be mailed to the owner or any other person to whom a water bill is addressed, billed or mailed by the To and at the address appearing on said bill® The failure of any person to receive a bill shall not excuse non-payment thereof, nor shall it operate as a waiver of the penalty herein prescribed® Notwithstanding any other pro- vision in this law, all water rates, charges, including surcharges, or otherfees relating to water service, shall be a charge against the owner of the premises connected with the municipal water system, and such owner shall be liable for the payment of all such rates and charges, including penalties and interest. C. If water rates or other charges payable under this law are not paid within 20 days from the date on which they are due, and addi- tional charge or penalty of ten per cent (10%) shall be added to the water rates or charges due® The To Supervisor or other person desig- nated by him in the event such rates or charges are not paid within 30 days from the data on which they are due, may cause a notice to be de- livered or mailed to the owner or to any other person designated by the owner, addressed to the address to which bills are to be sent, and to the occupant of the premises, addressed at the premises, stating the amount due and demanding payment thereof within a period of at least ten (10) days of the date of the notice and stating that if such payment is not made, the water service may be discontinued, without further no- tice, and, at the expiration of such period the TO Supervisor, or 0 any ,l employee or officer of the Town or of any contracting municipality r th Commission, designated by the Supervisor or the Town Board, may enter on said premises and cause the water service to be disconnected. In ad- dition to any charge due to the contracting municipality, there shall also be due to the Town a charge of $25.00 for disconnecting and a charge of $25.00 for re-connecting such water service. D. Water rates and charges, including any surcharges thereto, shall constitute a lien on the real property served by the water system and shall be a charge against the owner or agent of such real property. The priority of such lien, and the enforcement and collection thereof and of such rates and charges shall be in accordance with paragraph (d) of subdivision 3 of Section 190 of the Town Law and in accordance with all other provisions of the Town Law and Tax Law of the State of New York, and this local law, riot inconsistent with the said paragraph, sub- division and section. All delinquent accounts for the payment of water rates and other charges hereunder which remain unpaid as of the end of each year shall be placed on the tax roll for collection in accordance with the provisions of Section 198 of the Town Law or other applicable provisions of law. (a) Real property shall be deemed to include all property, dwelling units or other structures which M are connected with the water system or (ii) are not connected with the water system but which can be connected by a building lateral running from any structure on said premises to a transmission main or lateral in an adjacent public street, alley, or thoroughfare, or in a public easement running to such premises from any such transmission main or lateral, or (iii) are not connected with the water system but for which the Town has agreed to accept an easement on such premises and to construct, at public expense, a water main in such easement of a point which is either the point of connection of any building lateral with a public water main serving such premises prior to the construction of the Southern Cayuga Lake Intermunicipal water system or a point on such premises which is no closer than fifty (50) feet to the foundation wall of any building on such premises shish is to be connected with the water system. (b) If the property is not connected to the municipal water system, then the Town Board or the Town Supervisor or other Town officer or employee shall (i) determine the quarterly water bill for said prop- erty which shall be the average amount paid by owners or users of a representative number of structures of comparable size, water use or occupancy or (ii) a minimum sum of dollars for each structure or, if a dwelling unit is contained on said structure, a minimum of $1.00 for each separate dwelling unit in said structure, whichever is the larger of M and (ii) . E. To enforce the collection of water rates or other charges of fees due under this law, including all interest and penalties, the Town may bring an action (a) as upon contract for such water rates, charges and other sums, or (b) to foreclose liens for water rates and such charges; (c) in addition, all such unpaid charges and rates may be collected and enforced as provided for in paragraph (d) of subdivision 3 of Section 198 of the Town Law. The To may pursue any one or more of the aforesaid remedies, separately or simultaneously until all sums due to the Town have been collected in full. Section 5. Any costs and expenses or other charges other than those hereinbefore described, incurred by the Town because of any repair or other work to the water system or otherwise for which the owner of any propery served by or connected with the water system is obligated under this law or any rule, regulation, resolution or other ordinance, statute or provision of law, shall be colla ed in the manner provided for the collection of water rates in this law, and shall be a lien upon the property and enforceable in accordance with the provisions of this law or any other applicable probision of law. Section 6. Any duly authorized officer, employee, contractor, or agent of the Town or other person duly authorized by the Town Super- visor, the Town Board or by the Commission shall be permitted to enter on any property at reasonable hours for the purpose of reading meters, or inspecting, disconnecting, repairing or replacing the same or for any other purpose reasonably necessary to carry out the provisions or purposes of this law. Section 7. Each property owner shall comply with all laws, ordinances, rules and regulations ov(i) the Town of Ithaca and, when not inconsistent with the foregoing, or (ii) the Commission and any contracting municipality pertaining to and applicable to consumers of water in the Town of Ithaca. Section 8. A. No person, association, corporation or a other group of persons shall (i) connect with or use the Town water system without applying for and obtaining a permit from the Town Clerk and such other person or agency designated by the Town Board, and (ii) install, repair, alter, or otherwise tamper with a water meter unless authorized by the Town Supervisor, Town Board or the Commission, or unless such work is done pursuant to a permit. B. No such permit shall be issued unless a valid building permit has been granted or the erection of any structure for sich the water connection is sought, whether such structure has been hereto- fore or hereinafter erected, or a valid certificate of occupancy has been issued. C. Any duly authorized officer or employee of the Town may refuse to issue such permit or amy revoke such a permit unless a valid building permit or certificate of occupancy is issued and delivered to such officer or employee. Section 9. The invalidity of any section, clause, sentence or provision of this law shall not affect the validity of any other part thereof which can be given effect without such invalid part or parts. Section 10. The violation of each provision of Sections 7 and 8 of this law shall constitute a violation. The punishment for each such violation shall be a fine not exceeding $100.00 for each such separate violation of the provisions of said sections or imprisonment for a period of not more than thirty (30) days, or both. The Town may also proceed to recover a civil penalty in the amount of $100.00 for the violation of each such separate provision of the aforesaid sections. The Town Board may also maintain an action or proceeding in the name of the To in a court of competent jurisdiction to compel compliane with, or to restrain by injuction the violation of, any such provisions of the aforesaid sections. Section 11. The prior ordinance and regulations adopted July 10, 1972, as they may have been amended, are hereby repealed. Section 12. This law shall take effect immediately.