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.
[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).