N.Y. Comp. Codes R. & Regs. tit. 21 § 1950.8

Current through Register Vol. 46, No. 50, December 11, 2024

Section 1950.8 - Water rates and bills

(a) All users shall pay and shall be liable to pay the water board such fees, rates and other charges as the water board may establish from time to time in accordance with and pursuant to the authority in the Water Board Act. A schedule of such fees, rates and charges are set forth in section 1950.20 of this Part.

(b) For the purpose of billing users for the consumption shown by the water meter, the demand charges, and for the delivery of water bills, the following districts shall be established and shall be known as meter districts:

(1) District 1. Beginning at the Niagara River and the east line of Hyde Park Boulevard to the northeast corner of Hyde Park Boulevard and Pine Avenue (Niagara Falls Boulevard), thence east along the north side of Pine Avenue (Niagara Falls Boulevard) to the easterly city line (56th St. Extended), thence north along the easterly city line (56th St. Extended), to the south side of Pierce Avenue produced easterly to said city line; thence west along the south side of Pierce Avenue but not to include any portion of Pierce Avenue to the top of the high bank of the Niagara River, thence along the contour of such south and east to the point of beginning.

(2) District 2. Beginning at the Niagara River and the east side of Hyde Park Boulevard to the northeast corner of Hyde Park Boulevard and Pine Avenue (Niagara Falls Boulevard), thence east along the north side of Pine Avenue (Niagara Falls Boulevard) to 56th Street, thence easterly along said north city line to the easterly city line; thence in a southerly direction along said easterly city line; thence in a westerly direction along the contour of the bank of such river to the point of beginning.

(3) District 3. Beginning at the Niagara River and at the south side of Pierce Avenue; thence north and east along the top of the high bank of said river to the north city line; thence east along the said north city line to the northeast corner of Garfield Avenue and Hyde Park Boulevard; thence south along the east side of Hyde Park Boulevard to the northeast corner of the Lockport Road; thence east along the said east city line to the south line of Pierce Avenue; thence east along the prolongation of the south line of Pierce Avenue to the point of beginning.

(c) Bills for the consumption of water in the various districts shall become due on the first day of the following months and in accordance with the following schedule:

District 1. January, April, July, October

District 2. February, May, August, November

District 3. March, June, September, December

Nonresident February, May, August, November

(1) Charges for the consumption of water by those consumers classified as a significant industrial user shall be billed on a monthly basis by the water board. The first and second monthly billings in each quarter shall be estimated and shall be one-third of the total billing in the immediately preceding quarter. The third monthly bill in each quarter shall be based upon actual metered readings of water consumption for that quarter and shall reflect adjustments for the estimated billings in that quarter.

(2) The owner of the premises or user, as the case may be, supplied through the water meter shall be held responsible for all water registered by it and no reduction in bills rendered shall be allowed for leakage or when part of the water has been used by a contractor, or by any other person.

(d) All water bills shall be payable when due. They shall be mailed or delivered to the property owner or user, as the case may be, as a matter of convenience. Failure of a property owner or user, as the case may be, to receive a water bill shall not release the property owner from the payment of such bill together with any fee or penalty which may accrue or become existent by virtue of non-receipt of bill.

(e) Such water bills shall constitute a lien upon the real property upon which or in connection with which the water is used, which lien shall be prior and superior to every other lien or claim except the lien of an existing tax, assessment or other charge imposed by or for the State or a political subdivision or district thereof.

(f) Upon written notice of a property owner, the water board shall mail or deliver, as it may elect, water bills to the tenant or user of the premises. However, in doing so, the water board shall not be responsible for the failure of the tenant or user to receive such bill.

(g) Bills due the water board for water consumption, demand charges, or any other service, if not paid within 20 days from the date of issue, shall be subject to a penalty of six percent per quarter on the unpaid balance such penalty to be collected together with the amount of the bill.

(h) Whenever a property is receiving water from the water board and is without a water meter, the water board shall bill the property owner or user, as the case may be, for an estimated reasonable amount of water during the time that the property has been occupied without a meter.

(i) When a water meter is found to be not registering or is stopped, the consumption shall be estimated according to the consumption for similar occupancies and a bill rendered for such estimated consumption. The fact that the bill has been estimated shall be indicated on the bill.

(j) When it is impossible or unpractical to obtain a regular quarterly reading of any meter for any reason, the consumption shall be estimated according to the consumption for similar occupancies and a bill rendered for such estimated consumption. The fact that the bill has been estimated shall be indicated on the bill.

(k) Any water account of any nature remaining unpaid on September 30th of each year, shall be placed upon the first general city tax roll made up after such date, should the water board be unable to make collection in any manner other than civil action. If placed upon the tax roll, a water account shall become a part of said tax roll and shall become due with the same and shall be subject to the same penalties and interest as such taxes imposed or levied by the city.

(l) Complaints of overcharge on water bills must be made on or before the 16th day of the month in which such bills are rendered and all water bills against which no claim has been made within such time set forth above shall be considered correct and must be paid in the amount rendered.

(m) When property becomes vacant, upon receipt of written notice from the owner of the same, the water board shall, at its option, remove the water meter and/or seal the service in a manner that at will prevent any possibility of water usage without charge. A meter so removed will be replaced by the water board upon payment of an account re-establishment fee as set forth in the board schedule of rates, when the property is reoccupied.

(n) The billing charge on any building permanently demolished shall be discontinued when conclusive proof of demolition is presented to the water board and upon payment of any existing bills up to the date of such demolition including the cost of capping at the corporation cock. Any account wherein the building is demolished and the service not properly removed from the main shall continue to receive a regular billing charge until the service is capped at the corporation stop.

(o) Water bills shall not be rendered otherwise than quarterly, and in the full amount due for all of the water consumed for the fall quarter as registered by the water meter except as otherwise provided herein.

(p) Persons purchasing or otherwise acquiring property shall make arrangements with the seller or transferor of such property regarding any settlement for the partial payment for water consumed during any portion of any quarter.

(q) Persons requesting a meter reading and bill at any time other than when scheduled by the water board shall pay a final read fee as set forth in the board schedule of rates, which fee will be added to the water bill.

(r) In the event that a property owner or user fails to pay his or her water charges, after they become due and payable, the water board may discontinue or disconnect the supply of water for non-payment of such water charges after the water board gives written notice of its intention to do so, upon 15 days in advance, to the owner of the premises or user thereby affected, or in lieu thereof, to the person to whom or which the last preceding bill has been rendered, and from whom or which the water board has received payment therefor, and to the superintendent or other person, if any, in charge of the building or premises thereby affected, if it can be readily ascertained that there is such superintendent or other person in charge. Such notice in every case shall be served either personally on the person to whom or which it is directed, or by mailing such notice in a postpaid wrapper to the address of such person.

(s) The water board shall not effect the discontinuance of water service to a residential user for non-payment of bills rendered for water service on Friday after 12:00 noon, Saturday, Sunday, public holiday, or a day on which the main business office of the water board is not open for business. The term public holiday refers to those holidays enumerated in the State General Construction Law.

(t) Discontinuance for non-payment of bills rendered for water service of residential services can only take place between Monday and Thursday between the hours of 8:00 a.m. and 6:00 p.m. and Fridays, before 12:00 noon.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 1950.8

Amended New York State Register March 29, 2017/Volume XXXIX, Issue 13, eff.3/10/2017