N.Y. Comp. Codes R. & Regs. tit. 21 § 10085.12

Current through Register Vol. 46, No. 45, November 2, 2024

Section 10085.12 - Water rates, bills and payment

(a) Rates to be sufficient. Water rates of the water board shall be fixed at all times so as to produce a revenue sufficient, after the payment of direct and indirect expenses of maintenance and operation, to pay the principal and interest maturities of the bonds issued for the water system and to enable the water board and water system to be placed on a self-sustaining basis at all times in accordance with the Water Board Act.

(b) Payment invoice and due date. All premises, owners, users and other persons that receive services from the water board shall be liable and shall pay to the water board the rates and charges set forth in the board schedule of rates. Unless otherwise provided in these regulations, or in the board schedule of rates, or on an invoice issued by the board, all water board rates and charges for consumption of water or other services shall be due and payable, one month following the month of the invoice billing date. Such invoice may be billed monthly, quarterly or as otherwise determined by the water board. This due date will be set forth as the "due date" on the invoice statement issued by the water board for such rates and charges. The invoice shall be payable to the water board, care of the Buffalo Commissioner of Administration and Finance or such other payment agent as may be set forth on such invoice, at the office of the City of Buffalo Treasury, Room 117, City Hall, Buffalo, NY 14202, or such other location or address as may be provided on such invoice. Invoice statements shall be mailed or delivered to the address of the owner or user, as the case may be, as such address appears on the water board's records. Such mailing or delivery is a matter of convenience. Failure of an owner or user to receive an invoice statement shall not release such owner or user from the obligation to pay such invoice statement, together with any other charges and interest which may accrue on unpaid amounts.

(c) Method of payment. All invoices shall be paid in United States dollars, and may be paid by cash, check or MasterCard and Visa at Room 117, City Hall, Buffalo, NY, such other location or address as may be provided on such invoice, or by telephone as set forth on the invoice. All persons who pay by such charge cards shall pay the water board a fee set forth in the board schedule of rates, for each credit card payment transaction to defray the cost of such credit transaction.

(d) Late fees. All invoices issued by the water board that remain unpaid after the due date shall be charged interest, and such interest shall continue to be charged until such water board rates and charges are paid in full, at the same rate as unpaid city taxes, to wit: 4.5 percent interest shall be added to amounts unpaid from the first through the thirtieth day after the due date, and 1.5 percent shall be added to all amounts that remain unpaid for each succeeding month thereafter.

(e) Non-sufficient funds and returned checks. All persons who present checks that are returned for non-sufficient funds shall be liable and shall pay a charge to the water board that is equal to the amount the bank charges the water board for handling such check.

(f) Fees for collection of delinquent accounts. All persons shall be subject to paying reasonable costs and expenses, including attorney fees, incurred in the collection of water board rates and charges that remain unpaid, as may be determined by the water board, in addition to any other remedy or provision hereof, the water board reserves the right to engage in such collection activities, as it deems appropriate, for all accounts that remain unpaid after the due date, in consideration of such collection activities and to defray the cost thereof, all persons with delinquent accounts shall be liable and shall pay an additional charge of 21 percent of the amount of each such delinquent account, together with interest as provided herein, that remains unpaid for more than:

(1) 120 days from the due date for metered accounts; and

(2) 210 days from the due date for non-metered flat rate accounts. In the event the water board refers any delinquent account to a collection agency, the user shall pay the actual amount such collection agency charges the water board, in lieu of such 21 percent surcharge.

(g) Civil action. The amount of water rates and charges which remains due and unpaid for 60 days, with interest thereon at the same rate as unpaid city taxes and with reasonable attorneys' fees, may be recovered by the water board in a civil action in the name of the water board against such owners or users liable for such unpaid amount.

(h) List of delinquent accounts. The water board shall prepare and transmit to the city on or before the first day of December in each year a list of those persons or property owners within such city who are in arrears in the payment of fees, rates, rents or other charges for a period of 60 days or more after the last day fixed for payment thereof without penalty. The list shall contain a brief description of the properties for which the services were provided, the names of the persons liable to pay for the same and the amounts chargeable to each, including penalties and interest computed to the next succeeding December 31st. The city shall levy such sums against the properties liable and shall state the amount thereof in a separate column in the annual tax rolls of such city under the name of "delinquent water charges" as may be appropriate and as may be directed by the water board.

(i) Liability for invoices. In the event water board rates and charges are not paid within the prescribed time, in addition to all other remedies, the water board may shut off the water service to the premises, in the manner provided herein; and when turned off for nonpayment, and an additional charge for reactivation as set forth in the board schedule of rates, shall be paid before water service is renewed. All water bills for non-metered accounts for a quarterly term or fractions of the quarterly term shall be payable in advance. The owner of the premises shall be personally liable for the payment of bills for water furnished to premises; and the tenant of such premises shall also be personally liable for bills for water so furnished to premises during the term of his or her tenancy.

(j) Lien for water charges. From and after the due date thereof, any and all charges for unpaid water rates and other charges shall be a lien on the premises serviced until paid and shall be superior to any and all other liens, excepting those for general taxes and local assessments, which lien can be enforced by foreclosure proceedings instituted at the expiration of one year from the date of the creation of the lien, notwithstanding any and all other remedies available to the water board for the collection of unpaid water bills.

(k) Notice of discontinuation of service.

(1) No deduction shall be made from any invoice for water for the discontinuance of the water supply to any premises unless the owner or occupant of such premises shall have given notice to the department, in writing, on the register provided, when and where the water is no longer required and have requested the same turned off, and then only upon the payment of the shut off fee as provided in the board schedule of rates, and all unpaid charges to date. All consumers will be charged for the use of water until notice as above is given.

(2) 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.

(3) 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.

(4) 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.

(5) In case any portion of a supply of water is to be disconnected and a reduction from the water bill is to be made, the owners or occupants of such premises must file with the department a plumber's certificate that such fixtures for supplying the water have actually been shut off.

(l) Adjustment of bill.

(1) Notice must be given to the department of any change of occupants of premises supplied with water. The balance of a water bill paid in advance may, on such notice, be transferred to other premises and a due bill of the water board issued for such balance. Due bills may also be issued for balances arising through a change in the service from a flat rate to a meter rate, for the correction of errors occurring by consumers paying the wrong bill, of water rates paid twice or other proper cases, such due bills may be applied on future payments or refunded upon written request, after proper entry of such change has been made upon the books of the department.

(2) The commissioner may make abatements in the water rates in proper cases.

(3) Any invoice for water supplied or service rendered by the water board will be deemed a proper and accurate charge, unless written protest is delivered to the commissioner within 30 days after the date of mailing of such invoice.

(4) No claim hereafter made for the adjustment of a water bill or for the refund of any part thereof overpaid or erroneously paid shall be honored by the commissioner unless the same is presented to him in writing, together with a receipted water bill, within 90 days after the payment thereof.

(m) Senior citizen rates. Water rates for all homeowners who, by virtue of their age, are eligible for real property tax exemption pursuant to the New York Real Property Tax Law, section 467 shall be eligible for exemption or reduction in water rates as set forth in the board schedule of rates.

(n) Contract rates. All water supplied which is not enumerated or prescribed a rate in the board schedule of rates shall be subject to a special or contracted rate as determined by the commissioner, which rate shall be subject to review and confirmation by the water board.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 10085.12