Pursuant to the authority of the Sewer Rent
Law of the State of New York and any and all amendments thereto, there is hereby established and imposed sewer rents as
a means of producing revenue for Farmington Sanitary Sewer District
in the Town of Farmington.
Sewer rents are hereby established and imposed
for the Farmington Sanitary Sewer District serving sewer districts
now existing, those hereafter created and extensions of either, on
behalf of said sewer districts.
The Town Board shall annually fix and determine
the amount of the sewer rental to be charged for each classification
of property within the respective sanitary sewer districts.
[Amended 1-8-1980 by L.L. No. 2-1980; 6-24-1980 by L.L. No. 3-1980; 11-22-1994 by L.L. No. 3-1994]
A. Sewer rents shall be due and payable on January 1,
April 1, July 1 and October 1 each year.
B. Payments neither postmarked nor actually received
at the Town Clerk’s office during the business hours thereof
during the month such rent becomes due shall be deemed late payments
for which a late penalty of 20% shall be charged. However, if the
last day for payment falls on a Saturday, Sunday or legal holiday,
then the last day on which payment can be postmarked or received by
the Town Clerk’s office without penalty shall be the first business
day thereafter.
[Amended 11-27-2007 by L.L. No. 7-2007; 8-13-2013 by L.L. No. 5-2013]
C. Partial payments of sewer rents shall not be accepted by the Town Clerk for the Town; however, if the amount received is short by $10 or less, then the Town Clerk can accept the payment and the difference will be added on to the next bill cycle without the penalty of 20% nor will the administration fee of $50 be added and a shutoff will not be enforced. Additionally, the Town Clerk can only accept payment of the full amount of a quarterly bill, including payment of the late penalty then due, except as permitted in the preceding sentence. Nothing in Subsection
C shall prevent the Town from utilizing any remedy or right afforded in this chapter to include the cost of legal fees and other associated charges which will be charged back to the person or legal entity responsible for the sewer rents so long as the amount due remains unpaid.
[Amended 11-27-2007 by L.L. No. 7-2007; 8-13-2013 by L.L. No. 5-2013; 8-14-2018 by L.L. No. 6-2018]
D. The Town Clerk shall not accept a personal check from
any customer whose check to the Town or Town Clerk was dishonored
for insufficient funds or for no account within the previous 12 months
unless such dishonor was the fault of the bank upon which the same
was drawn as evidenced by a statement of such fact on stationery of
such bank, signed by an officer of such bank, addressed to the Town
Clerk or Town.
Revenues derived from sewer rents shall be credited
to a special fund to be known as the "Sewer Rent Fund"; moneys in
such fund shall be used only in the manner and for the purpose specified
and in the order required by the Sewer Rent Law of the State of New
York.
[Amended 12-12-1967; 12-17-1968; 11-24-1970; 10-24-1972; 6-24-1980 by L.L. No. 3-1980; 12-11-1984 by L.L. No. 4-1984; 12-30-1985 by L.L. No. 4-1985; 3-28-1989 by L.L. No. 3-1989; 11-22-1994 by L.L. No. 3-1994; 11-28-1995 by L.L. No. 7-1995; 7-27-2004 by L.L. No. 5-2004; 11-27-2007 by L.L. No.
7-2007; 1-27-2009 by L.L. No. 1-2009; 1-24-2012 by L.L. No.
3-2012; 8-13-2013 by L.L. No. 5-2013]
The Town Board shall establish sewer rents by
resolution at least annually. The resolution(s) establishing the sewer
rents shall be kept on file with the Town Clerk, and copies of the
Town Board resolution(s) shall be available from either the Water
and Sewer Department, the bookkeeper or the Town Clerk.
[Added 5-13-1986 by L.L. No. 2-1986; amended 8-11-1987 by L.L. No. 3-1987; 11-21-1988 by L.L. No. 9-1988; 10-23-1990 by L.L. No. 5-1990; 5-25-1999 by L.L. No. 1-1999; 8-12-2003 by L.L. No.
7-2003; 8-8-2006 by L.L. No. 5-2006; 11-24-2020 by L.L. No. 6-2020]
A sewer connection fee shall be paid for each
equivalent single house unit, or for the maximum equivalent unit connection
fee as established by the Town Board and made a part of the Town Fee
Schedule, prior to said unit being connected to the system. Upon application
to the Town Board based upon a demonstration of charitable purpose,
the Town Board may, in the exercise of its discretion, waive or decrease
the imposition of such fee in the appropriate case.
[Added 1-24-2012 by L.L. No. 3-2012]
All charges for sewer rent, sewer connection fees, repairs,
damages caused by carelessness or neglect, penalties, etc., shall
be made against the premises supplied, and the owner of the premises
shall be held responsible therefor. Such charges, if not paid, shall
be a lien on the property benefited. All such unpaid charges shall
be added to the next general tax against property.