[HISTORY: Adopted by the Village Board of the Village of Williamsville 4-26-2004 by L.L. No. 2-2004.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Sewer use — See Ch. 81.
[1]
This local law also repealed former Ch. 78, Sewer Rents, adopted 1-14-1991 by L.L. No. 2-1991.
The purpose of this chapter is to establish and impose sanitary sewer rents, pursuant to Article 14-F of the General Municipal Law of the State of New York, on all properties located within 150 feet of a sanitary sewer and all properties outside the Village where the Village has contracted to provide sanitary sewer services.
A. 
The sanitary sewer rents for properties located within the Village corporate limits shall be established annually by resolution of the Board of Trustees after a public hearing.
B. 
Properties located outside the Village corporate limits, which are connected to the Village sanitary sewer system, shall pay an annual sewer rent as established by resolution of the Board of Trustees after a public hearing.
C. 
Properties shown on the Village Tax Map as unimproved land shall pay a sewer rent based on an annual rate per $1,000 of assessed value.
D. 
For all other properties in the Village subject to the payment of sanitary sewer rents, a scale of charges shall be established by resolution of the Board of Trustees in accordance with the following:
(1) 
That part of the total cost attributed to capital costs shall be based upon the total assessed value of the premises connected with and served by the sewer system. That part of the total cost attributed to operation and maintenance costs shall be based upon the volume of water consumed.
(2) 
Residential, industrial, institutional or commercial property whose water supply is not exclusively provided by the Village water system but which is connected to the sewer system may, at the discretion of the Village, be required to install and maintain a meter or other suitable device, at the expense of the owner, subject to the approval of the Village, for the purpose of measuring the amount of sewage discharged into the Village sanitary sewer system.
[Amended 5-23-2016 by L.L. No. 4-2016]
A. 
The part of the total cost attributed to capital costs shall be due and payable at the same time and in the same manner as general Village taxes and shall be included therein. The part of the total cost attributed to operation and maintenance shall be due and payable at the same time and in the same manner as general Village taxes and shall be included therein.
B. 
Sanitary sewer rents attributed to capital costs and not paid when due, plus penalties and interest, shall become a lien on the real property to which the unpaid rents were charged and shall be added to the next succeeding county property tax bill. Sanitary sewer rents attributed to operation and maintenance costs and not paid when due, plus penalties and interest, shall become a lien on the real property to which the unpaid rents were charged and shall be added to the next succeeding county property tax bill.
C. 
Interest and penalties on the part of the sanitary sewer rent attributed to capital costs shall be levied in the same manner as interest and penalties on the Village taxes. Interest and penalties on the part of the sanitary sewer rent attributed to operation and maintenance costs shall be levied in the same manner as interest and penalties on the Village taxes.
D. 
The Board of Trustees may direct that an action be brought in any court of competent jurisdiction for the collection of sanitary sewer rents, penalties and interest.
In the case of any possible preexisting agreements which address the reservation of capacity in the local treatment plant or the charges to be collected by the Village in providing wastewater treatment services, transporting services or reserving capacity, the system outlined herein for the establishment and collection of sanitary sewer rents shall take precedence over any terms or conditions of agreements or contracts between the grantee and users, including users, special districts, other municipalities, federal agencies or installations, which are inconsistent with the requirements of Section 204(b)(1)(A) of the Clean Water Act of 1977 and the rules and regulations contained in 40 CFR Part 35, Subpart E (Grants for Construction of Treatment Works, Clean Water Act).