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, New York 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, New York, 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: four and one half percent (4.5%) interest shall be added to
amounts unpaid from the first through the thirtieth day after the due date, and
one and one half percent (1.5%) 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 twenty-one percent (21%) of the amount of
each such delinquent account, together with interest as provided herein, that
remains unpaid for more than (1) one hundred twenty (120) days from the due date
for metered accounts, and (2) two hundred ten (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 twenty-one
percent (21%) surcharge.
(g) Civil Action.
The amount of water rates and charges which remains due and unpaid for sixty
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 sixty 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 thirty first. 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 (1) 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 fifteen (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 affect the discontinuance of water service to a residential user for non-payment of bills rendered for water service on Friday after twelve 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 eight (8:00) a.m. and six (6:00) p.m. and Fridays before twelve (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 thirty (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 ninety (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 § 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.