(A) Requests for adjustments. The village shall hear and consider complaints by any property owner or occupant who desires to contest a water bill. The village shall determine whether an adjustment shall be made in the bill.
(B) Claims and allowances.
(1) In all cases where any rebate or allowance is claimed, the claim therefore shall be made to the village in writing.
(2) The village is prohibited by the Constitution of the State of New York from giving public funds to private parties based upon the sense of justice or kindness of its officers and may only settle compromise and pay claims which are enforceable against it and are not the primary liability of another party.
(3) The village is not an insurer and will not allow payment of claims by the village unless negligence of the village is proved. Claims must be presented to the village, in writing, within 90 days of the occurrence or within 30 days subsequent to the billing date.
(4) Such claims shall be:
(a) Reduced by any proportion that the negligence or actions of the claimant contributed to the damage or loss;
(b) Disallowed if it is covered by a contract of insurance;
(c) Disallowed if it is not presented in writing within the period of time allowed by applicable statutes.
(5) No rebate will be granted for water lost on the customer's side of a meter.
(6) No rebate for unoccupied structures will be allowed unless the water is shut off at the curb, by a village representative, and then only from the time the village is notified.
(7) No rebate will be made when the charge results from the failure on the part of the owner or consumer to comply with the village laws or water supply policies or to promptly repair any broken, frozen or defective building fixture or service pipe.
(8) No rebate or allowance on any bill sent out by the village shall be made by the Village Treasurer, except as approved by the Village Board.
(Ord. 2-2009, passed 3-23-2009)