LL #01-198595
TOWN OF WAPPINGER
DUTCHESS COUNTY, NEW YORK
LOCAL LAW NO. 1, OF 1985
A Local Law Amending Local Law No. 9 of the Year 1980, Amending
Local Law No. 1 of the Year 1982 and Deleting Local Law No. 9 of the Year 1984
relating to the Imposition, Charge and Consumption and Use of Water for the
Tall Trees 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. Section 1 of Local Law No. 9 of the Year 1980 is
hereby amended by deleting certain provisions thereof and by substituting the
following provisions in their place:
A. All water rates are payable quarterly ending on the
last day of the months of January, April July and October, 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 as the request of the owner. The minimum rate
shall be payable even though water has been shut off when such discontinuance has
been made by someone not authorized by the district.
B. The owner of any residence served by the Tall Trees
Water District shall be obligated to pay the minimum charge of Forty -Nine ($49.00)
Dollars per each quarter for consumption of water regardless of the consumption of
water for said quarter, provided said owner is connected to the system at any time
during the quarter.
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.
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%) per cent of the amount unpaid shall be added to
that bill for the water.
B. Said water charges shall constitute a lien upon the
real property served by thewater system of the district, and such lien shall be
prior and superior to every other lien or claim except the lien of an existing tax,
assessment, water rate, sewer rate or other lawful charge imposed by the Town.
SECTION 3. If any owner of the real property on which a water 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 charges. Such
application shall be verified by such party and shall set forth the amount of
refund sought and the grounds therefor. Such application shall be presented to the
Town Comptroller, who 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 charges.
SECTION 4. This local Law shall supersede all prior Local Laws
imposing water rates and penalties and providing for the manner of collection
thereof for this district.
SECTION 5. In addition to any rates heretofore set forth, there
shall be a special water charge of Sixty eight and 32/100 ($68.32) Dollard for a
period of two (2) years due only on March 1 of the years 1985 and 1986 and payable
within sixty (60) days thereafter, said special charge to be separately billed
by the district.
SECTION 6. This Local Law shall take effect immediately upon
adoption and as prescribed by Municipal Home Rule Law.