[Adopted by L.L. No. 1-1991]
Sewer and water service is provided to various
residents and to various properties within the Town of LeRay by sewer
and water districts and improvement areas as a service to citizens
and property owners of the Town of LeRay. The lowest possible sewer
and water rates are established for the users of these services to
cover the costs of capital construction of the sewer and water systems
and of the costs of operation and maintenance associated with the
provision of those services. There is no so-called profit factored
into the establishment of sewer and water districts or water improvement
area budgets and, therefore, the nonpayment of sewer and water charges
create fiscal burdens to the remainder of the users receiving these
services. Prompt payment of sewer and water charges presented by the
users of the Town's services is essential to maintain fiscal and economic
fairness to all of the users of the services. The purpose of this
article is to provide for the prompt collection of sewer and water
charges and to set forth penalties and costs for those users who fail
to pay their charges promptly.
This article is enacted pursuant to §§ 1,
2 and 3 of the Municipal Home Rule Law and §§ 135 and
198 of the Town Law.
This article shall be known as the "Delinquent
Sewer and Water Charges Law of the Town of LeRay."
A.
Every person, firm, corporation, association or other
entity purchasing services from a sewer and/or water district, an
improvement area, or a water quality distribution district, or using
any municipal sewer or water service within the Town shall pay all
charges associated with such service promptly. Charges, interest and
penalties, if any, may be established by resolution of the Town Board
from time to time.
B.
For the purposes of this article "user" and "purchaser
of sewer or water service" shall mean the record owner of the parcel
or property being served with such service.
The Town Board is hereby authorized to terminate
sewer or water service to any user of said service who has not paid
all lawful charges within 60 days from the date due, provided that
the following notice and hearing requirements have been met.
Notices to sewer and water users who have failed
or neglected to pay for lawful charges shall be served with a notice
prior to termination of service containing the following:
A.
A description of the premises.
B.
A statement of the amount due for sewer or water service
provided.
C.
A statement that service may be terminated on a specified
date unless for good cause shown such time should be extended.
D.
A date, time and place for hearing before the Town
Board which hearing shall be scheduled not less than 10 business days
from the date of service of the notice. Said hearing shall afford
the sewer or water user or its agents the opportunity to present evidence
and give testimony as to the issues of the charges due.
E.
A statement that the Town Board is authorized to assess
all expenses connected with the collection of the delinquent sewer
or water service bill against the users which could be accomplished
by the institution of a special proceeding in court to collect said
costs (including but not limited to actual legal and engineering costs
incurred by the Town).
F.
A statement that said costs will be assessed against
the land and/or improvements on the particular tax parcel which has
been benefitted from the sewer or water service.
A.
The said notice shall be served by:
(1)
Mailing by certified mail, return receipt, a copy
thereof upon the owner, executor, administrator, agent, lessee or
any other person having a vested interest or contingent interest in
the property benefitted by the sewer or water service as shown by
the records maintained by the Town Clerk or other official responsible
for delivering sewer or water bills. If the mailing is returned as
undeliverable, then the notice shall be published once a week for
two weeks in a newspaper of general circulation within Jefferson County;
(2)
By personal service of a copy of such notice upon
any adult person residing in or occupying the premises being served
with such service if such person can be reasonably found; and
(3)
By securely affixing a copy of such notice upon any
building or structure benefitting from sewer or water service.
The Town Board is hereby authorized after conducting
a hearing as set forth above to terminate service if it determines
that no lawful reason exists for the failure to pay the sewer or water
charges imposed. The Town Board shall, after the hearing, make its
decision on the record and shall notify the user by mailing a notice
of said decision by first class mail within 10 days of the date the
decision was rendered to the address appearing in the Town Clerk's
sewer or water bill records, as the case may be.
[Amended 12-13-2001 by L.L. No. 4-2001]
If sewer or water service is restored to a parcel
after being disconnected pursuant to the terms of this article, all
unpaid charges, together with any interest and penalties must be paid
before such service is restored. In addition thereto, a reconnection
charge in an amount as set from time to time by resolution of the
Town Board shall be imposed for all single or double residential structures/units.
All other users shall pay a reconnection charge equal to 1/3 of the
total of the bills of the last three months of full service issued
to the sewer or water user.
In addition to any other remedies herein or
other remedies provided by law, the Town may commence a special proceeding
under Article 4 of the Civil Practice Law and Rules in a court of
competent jurisdiction to collect any outstanding charges due for
sewer or water service incurred within the Town. All costs incurred
by the Town in enforcing this article through a special proceeding
shall be recovered from the users benefitting from the service. The
costs shall include, but not be limited to, actual attorneys' fees
and disbursements, actual engineering fees and disbursements, actual
costs of any other professional or technical services secured in investigating
the sewer or water usage and/or charges imposed therefor, actual costs
of serving and/or publishing notices and actual costs for title and
tax searches. Should the Town recover and be paid all outstanding
charges for sewer or water service through such a special proceeding,
the assessment rolls and tax records shall be adjusted accordingly
to properly credit the amounts so paid and recovered. All costs incurred
in relation to the special proceeding commenced hereunder shall be
paid in full prior to any credit being given.
