[HISTORY: Adopted by the Board of Trustees
of the Village of Holley as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-10-1974 by L.L. No. 2-1974]
In order to establish and operate the Sewer
Department and the Sewage Treatment Plant of the Village of Holley
as a separate utility and to ensure its proper operation, repair and
maintenance, it shall be the policy of the Village of Holley to establish
and impose an annual charge, to be billed quarterly, for the use of
the sewer system or any part or parts thereof.
As used in this article, the following terms
shall mean and include:
Any owner or occupant of real property outside the corporate
limits of the Village of Holley who is connected with and served by
the Village of Holley's sewer system as of the effective date of this
article.
Includes all lateral sewers or all branch sewers or all interceptor
sewers or all trunk sewers and the sewage treatment and disposal works
and each part with necessary appurtenances.
Any garbage which has been passed through a proper garbage
disposal unit, or decomposable matter of any kind, water or any liquid
matter which can be chemically treated for discharge by the Sewage
Disposal Plant.
The rent, rate or charge imposed or levied by the Village
of Holley for the use of the sewer system or any part or parts thereof.
The sewer system owned by the Village of Holley and shall
include all sewer pipes and other appurtenances which are used or
useful in part in connection with the collection, treatment or disposal
of sewage, industrial wastes and other wastes and which are owned,
operated or maintained by the Village of Holley, including pumping
stations and sewage treatment and disposal works and all extensions,
additions and improvements which may be made to such system.
A single-family residential dwelling, or each apartment or
flat contained within any building or structure. The term "unit" shall
also include and mean, in the case of a school, each group of 15 persons,
or part thereof, in any school building located within the Village
of Holley, including enrolled pupils, teachers, administrators, maintenance
and cafeteria personnel, but excluding bus drivers, grounds keepers
and others whose usual place of employment is outside the school building,
notwithstanding such persons shall not be in actual attendance during
school vacation, holidays or weekends.
The sewer rent imposed upon an owner or occupant of a unit;
or in the case of a school, the sewer rent imposed for each unit.
Each 50,000 gallons of water, or part thereof consumed annually.
The term "water unit" shall be used, as hereinafter provided, in determining
the sewer rent to be charged all businesses, commercial and industrial
users of the sewer system, including but not limited to doctors, lawyers,
and other professionals; barbers and hairdressers; stores, shops and
taverns; hotels; laundromats; churches; and any other user of the
sewer system not determined by the Board of Trustees of the Village
of Holley, for their duly authorized representative, to be a unit.
The sewer rent imposed for the use of a water unit.
The Village of Holley does hereby, establish
and impose a scale of sewer rents for the service rendered by the
sewer system to the real property connected with and served by the
sewer system upon the following basis:
A.
Each unit, or the owner or occupant of the unit, or
the school or school district in the case where a unit is determined
by the number of persons in attendance or otherwise employed in a
school building, which is connected with and served by the sewer system
shall be charged an annual sewer rent determined by multiplying the
number of units to be charged times the annual unit rate of $120 annually,
plus $1 for each 1,000 gallons of water consumed.
[Amended 10-13-1987 by L.L. No. 5-1987; 1-15-1991 by L.L. No. 1-1991]
B.
All other users of the sewer system who are not charged a sewer rent under Subsection A above, and except as hereinafter provided, shall be charged an annual sewer rent based upon the number of water units consumed, determined by multiplying the number of metered water units consumed times the water unit rate of $112 per 50,000 gallons of water consumed with a minimum charge of $50 per quarter in the event that less than 50,000 gallons are consumed.
[Amended 10-13-1987 by L.L. No. 5-1987; 1-15-1991 by L.L. No. 1-1991]
C.
In the event that the user of the sewer system is charged a rent on the basis of a water unit rate and such user contains other units as defined in § 199-2, the users shall be deemed to be a joint user and shall be charged based upon the water unit rate charged to business, commercial and industrial users as well as a separate charge based upon the unit rate for each unit located therein.
[Added 1-15-1991 by L.L. No. 1-1991]
D.
For any user of the sewer system charged a sewer rent on the basis of water units and which is not supplied with water from the municipal water supply system, or is supplied with water from the municipal water supply system, but is not metered for water consumption by the municipal water supply system, or is supplied with metered water from the municipal water supply system, and also the metered water supplies a unit for which the user is charged a sewer rent under Subsection A above, then the Board of Trustees of the Village of Holley, or its duly authorized representative, shall fix the sewer rent or charge for such property, as shall nearly as possible be equivalent to the sewer rent or charge imposed under Subsection A for individual units, and Subsection B for all other users who are metered individually for use of water by their business or industry.
[Amended 8-12-1975 by L.L. No. 1-1975]
E.
Notwithstanding any inconsistent section of this article,
the Board of Trustees of the Village of Holley may fix the sewer rent
to be charged any large nonresidential water user. In the event sewer
rents are charged under this subsection, the sewer rents so charged
shall be in lieu of the rents otherwise charged under this article.
In no event shall sewer rents fixed by this subsection exceed the
rents the large water user would otherwise be charged under this article.
[Amended 8-12-1975 by L.L. No. 1-1975]
F.
The Board of Trustees of the Village of Holley, or
its duly authorized representative, shall prescribe a reasonable sewer
rent or charge for any property or for the owner of any property which
is used for an industrial or commercial purposes of such a nature
that water supplied to it cannot be entirely discharged into the sewer
system. The sewer rent or charge prescribed pursuant to this subsection
shall be based, as far as practicable, upon the amount of sewage discharged
into the sewer system as estimated by the Village of Holley or its
engineers, or where an estimate of such amount is impracticable, upon
any other basis bearing a reasonable relationship to the amount of
sewage discharged into the sewer system.
G.
Outside users shall pay a sewer rent on the same basis
as Village users so that the total cost of water and sewer to outside
users will be the same as the total cost to said outside users if
they were Village users.
H.
It shall be the duty of the Superintendent of Public
Works of the Village of Holley, or other designated official, to make
a survey annually or at such times as may be required by the Board
of Trustees, to determine whether there is being discharged into the
sewer system from any real property, sewage or other wastes which,
in the opinion of such Superintendent, contain unduly high concentrations
of solids or any other substance adding to the operating costs of
the sewer system. Upon the completion of such survey, he shall file
with the Board of Trustees a report of his findings indicating whether
additional sewer rent charges should be levied for such sewage or
other wastes, and if so, he shall set forth recommended charges for
the same. The Board of Trustees is authorized to fix and determine
such additional sewer rent charges therefor as shall be equitable,
in addition to the sewer rents provided for by the preceding subsections
of this section.
I.
All sewer rents shall be due and payable at the office
of the Village Clerk quarterly at the same time as the water rent
for such period shall be due and payable, or on such other date or
dates as may be determined by the Board of Trustees. In addition to
the sewer service charge or rental provided in this section, according
to the rate specified herein, a further charge of 10% of the amount
so determined shall be added thereto in each case of failure to make
payment on or before the date on which rent for such period is due,
and the total thus obtained shall be the sewer rental in each such
case.
J.
Bills will be sent out to all users, but the Village
will not employ a collector, and the failure of any user to receive
a bill promptly shall not excuse nonpayment of the same, and in the
event the user fails to receive a bill promptly, he shall demand the
same at the Village Clerk's office.
K.
If bills are not paid when due, the sewer service
and/or water service are subject to discontinuance, and after the
expiration of the period specified on the bill, such sewer service
and/or water service may be discontinued upon 15 days' notice. Said
notice shall be either personally served or served by ordinary mail
upon the user of the system. All sewer rents remaining due and unpaid
at the time the annual Village tax levy is made out shall be included
therein pursuant to the General Municipal Law and levied against the
real property on which the same has been used, and shall be collected
and enforced with and in the same time as other Village taxes.
[Adopted 9-10-1998 by L.L. No. 5-1998]
The proper functioning and operation of the
sanitary sewer system in the Village of Holley is a matter of significant
and immediate concern to the health and welfare of Village residents.
It is necessary to protect health and welfare of Village residents.
It is also necessary to provide appropriate billing schedules for
the limited number of residents who are connected to the sanitary
sewer system, but are not presently connected to the public water
mains.
Any Village residents who are consumers of sanitary
sewer services, and are not presently or at the time of annexation
or at the time of initiation of sanitary sewer services by the Village
of Holley also consumers of municipal water from the Village of Holley
shall be required to comply with the following to continue in receipt
of sanitary sewer services:
A.
On the initiation of request for services, and on
the annual anniversary date thereof, the customer shall complete a
household information sheet indicating the number of occupants present
within the household. Transient occupants, who do not occupy the premises
for more than five continuous days in any one month, shall not be
considered occupants. Friends and relatives visiting, but not residing
at the premises, shall not be considered occupants. Any friend or
relative who shall be present in the house for more than 14 consecutive
days shall be deemed to be occupants. Said sheet shall be sworn to
under penalty of perjury of law.
B.
During such time as the consumer shall consume sanitary
sewer services but not metered municipal water services, the following
rates shall be paid to the Village of Holley for sanitary sewer services:
C.
Invoices for services shall be sent at the same time
as regular water/sewer bills to residents.
