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LL #11-1980TOWN OF WAPPINGER DUTCHESS COUNTY, NEW YORK LOCAL LAW NO.1I,YEAR 1980 A LOCAL LAW RELATING TO THE IMPOSITION, CHARGE AND COLLECTION OF WATER RATES FOR THE CONSUMPTION AND USE OF WATER FOR THE WATCH HILL WATER DISTRICT AS WELL AS THE PENALTIES AND ENFORCEMENT THEREOF --------------------------------------------------------------------------- BE IT ENACTED by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: SECTION 1. IMPOSITION AND COMPUTATION OF WATER RATES A. All water rates are payable quarterly ending on the last day of the months of March, June, September and December and the minimum rate shall be payable even though no water is consumed, so long as the service shall be considered as connected with the district main unless shut off by authority of the district at the curb box or otherwise at the request of the owner. The minimum rate shall be payable even though the water has been shut off when such discontinuance has been made by someone not authorized by the district. B. The owner shall be obligated to pay the minimum charge of Thirty - Five and 00/100 ($35.00) Dollars per each quarter, regardless of the con- sumption of water for said quarter, provided said owner is connected to the system at any time during the quarter. 3ln addition to the foregoing, there shall be the following charges: Number of Gallons Rate Per Thousand Gallons In excess of 2, 500 cu. ft. $1.40/100 cu. ft. C. Such water rates shall be payable for each of the four quarters of the year and shall be subject to the penalties hereinafter provided. Charges for water will be payable for the full quarter irrespective of the date of the last preceding meter reading. In the event that such readings shall be determined by the average charge for water for a three month period such average to be determined by the last readings of said water meter. SECTION 2. PAYMENT AND ENFORCEMENT OF WATER RATES A. All water bills shall be due and payable within thirty-two (32) days of the billing date. After the expiration of thirty-two (32) days, a penalty equal to ten (10) percent of the amount unpaid shall be added to that bill for that quarter. B. Said water charges shall constitute a lien upon the real pro- perties served by the water system of the district and such lien shall be prior and superior to every other lien claim except the lien of an exist- ing tax, assessment, water rate, sewer rent, or other lawful charge imposed by the Town. SECTION 3. If any owner of real property on which a Ovate r charge has been imposed deems himself aggrieved because such real property is not served by the water system or an error has been made in computing such water charge, he may file an application for a refund of all or part of such water charge. Such application shall be verified by him and shall set forth the amount of refund sought and the grounds therefor. Such appli- catio n shall be presented to the Town Comptroller and he shall forward such application to the Town Board with his recommendations in relation thereto. The Town Board may refund all or part of such water charge. SECTION 4. As to those customers served by water meter, if, after two attempts, themeter reader is unable to read any meter because of the un- availability of the property owner or due to any cause of user, notice shall be left at the property in a conspicuous place and the owner shall be billed for water usage on an estimated basis and the due date for paying the estimated bill shall be the same as if the meter had been read. The user or owner shall have opportunity to make an appointment for the meter to be read during any regular working day of the Town Comptroller within thirty days of mailing of estimated billing without penalty. Any meter reading made after thirty days of estimated bill mailing shall carry a ten dollar service charge. If the estimated bills are lower than the actual billing should have been on a prorated basis, the user shall be billed for the additional usage. If the estimated bills are higher than the actual billing should have been on a prorated basis, any over- payment made, at the discretion of the Town Comptroller, may be re- funded or credited toward the following payment. SECTION 5. This Local Law shall supercede all prior local laws imposing water rates and penalties and providing for the manner of collection thereof for this district. SECTION 6. This Local Law shall take effect January 1, 1981.