Village of Fayetteville, NY
Onondaga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Fayetteville 10-24-1972 as Art III of Ch. 20 of the Code of Ordinances (1972). Amendments noted where applicable.]
Fire prevention and building construction administration — See Ch. 78.
Subdivision of land — See Ch. 151.
The Board of Trustees of the Village, in order to promote the public health, safety, welfare and convenience of the residents, inhabitants and general populace of the Village, finds that a system of sanitary sewerage, including sewers and force mains, sewage pump works and other related facilities, is necessary and that such facilities, in order to truly serve the inhabitants of the Village, must comply with certain minimum requirements and that the use of such facilities shall be mandatory for the intended benefit to be realized, and that in order to pay the cost of the management, maintenance, operation and repair and for the improvement and extension of such system and for the payment of interest upon the bonds issued and outstanding and to be issued for improvements and extensions and construction of new facilities, and to retire such bonds as they mature, it is necessary to levy and collect a charge or rental upon the lands and premises served by sewerage connection with the sanitary sewer system of the Village, as the same may now be constituted or as the same may be improved or extended; now therefore, pursuant to all of the above and in accordance with the provisions of the laws of the state, the provisions of this chapter are hereby enacted.
Definitions. Unless the context specifically indicates otherwise, the meaning of the terms used in this chapter shall be as follows:
The latest edition of American Society for Testing and Materials.
BOD (denoting "biochemical oxygen demand")
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20º C., expressed in parts per million by weight.
Any person or corporation who undertakes to construct, either under contract or for resale within two years, any habitable building.
That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.
The extension from the building drain to the public sewer or other place of disposal.
A sewer which carries both sanitary sewage and storm- and surface water.
Any person, firm or corporation engaged in the installation of plumbing or repair and maintenance of existing plumbing installations whose name appears on the approved list of licensed plumbers as periodically, published by the Division of Drainage and Sanitation of the Department of Public Works of the County of Onondaga or who is certified by the Village Engineer and the Board of Trustees of the Village.
Any person or corporation who undertakes to construct simultaneously more than one housing unit on a given tract or land subdivision.
Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
A classification which, as bears upon applications, rates, fees or other considerations, shall be determined solely by the Village.
The liquid wastes from industrial processes as distinct from sanitary sewage.
Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
Any individual, firm, company, association, society, person or group having title to real property.
An individual, firm, company, association, society, corporation or group.
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
The wastes from the preparation, cooking and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.
The curbline if the building sewer is to connect with the public sewer in a public street "Property line" shall mean the nearest edge of a sewer right-of-way in those instances where the building sewer connects to the public sewer in a right-of-way.
A sewer in which all owners of abutting properties have equal rights and which is controlled by public authority.
A sewer which carries sewage and to which storm-, surface and ground waters are not intentionally admitted.
A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground-, surface and storm waters as may be present.
Any arrangement of devices and structures used for treating sewage.
All facilities for collecting, pumping, treating and disposing of sewage.
A pipe or conduit for carrying sewage.
Any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration or flows during normal operation.
A sewer which carries storm and surface waters and drainage but excludes sewage and polluted industrial wastes.
The Superintendent of Public Works of the Village, or his authorized deputy, agent or representative.
Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
The professional engineer retained as Village Engineer for the Village, or his authorized deputy, agent or representative.
A channel in which a flow of water occurs either continuously or intermittently.
Word usage. "Shall" is mandatory; "may" is permissive.
It shall be unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the Village or in any area under the jurisdiction of the Village any human or animal excrement, garbage or other objectionable waste.
It shall be unlawful for any person to discharge to any natural outlet, either directly or through any storm sewer, within the Village or in any area under the jurisdiction of the Village, any sanitary sewage, industrial wastes or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. Use of separate storm sewers and sanitary sewers is mandatory where such are in existence and no combined sewers will be allowed.
Except as provided in this chapter, it shall be unlawful for any person to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
[Amended 1-14-1991 by L.L. No. 1-1991]
The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose, situated within the Village and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the Village, are hereby required at their expense to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter within 90 days after the date of official notice to do so, provided that such public sewer is within 100 feet of the property line.
All installations, connection and construction of facilities shall be completed in accordance with the State Construction Code applicable to plumbing[1] as modified and interpreted by the Division of Drainage and Sanitation of the Department of Public Works of the County of Onondaga.
Editor's Note: Now the New York State Uniform Fire Prevention and Building Code; see Ch. 78, Fire Prevention and Building Construction Administration.
[Amended 1-14-1991 by L.L. No. 1-1991]
All properties requiring sewage disposal facilities that are served by a municipal sewer system shall connect to and use the municipal sewer.
No person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Superintendent.
There shall be two classes of building sewer permits: one for residential and commercial service and one for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the Village. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent. A permit and inspection fee of $5 for a residential and $20 for a commercial building sewer permit and $40 for an industrial building sewer permit shall be paid to the Village at the time the application is filed.
All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the Village from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
A separate and independent building sewer shall be provided for every building, except where one stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, or where it is the opinion of the Superintendent that such private sewer would not accomplish the purposes of this chapter because of soil conditions, proximity of other dwellings or other similar conditions, in which case the building sewer from the front building shall be extended to the rear building and the whole considered as one building sewer.
Where building sewers are to serve multiple-dwelling structures, there shall be at least one separate building sewer provided for each group of six (or less) family dwelling units in such structures unless, in the judgment of the Superintendent of Public Works and the Division of Drainage and Sanitation of the Department of Public Works in Onondaga County, special design of the building sewer system is necessary or desirable which would result in a variance of the above requirement.
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Superintendent, to meet all requirements of this chapter. Where a building is presently served by a septic tank or cesspool, the building sewer shall be connected ahead of the septic tank or cesspool where possible so that all the sewage from such building shall be conveyed to the municipal sewer.
The building sewer shall be cast-iron soil pipe, ASTM Specification A74-42, extra-heavy weight, or equal. Transite or equal asbestos-cement building sewer pipe may be used if approved by the Superintendent. Joints shall be tight and waterproof. Any part of the building sewer that is located within 10 feet of a water service pipe shall be constructed of cast-iron soil pipe with leaded joints. Cast iron pipe with leaded joints may be required by the Superintendent where the building sewer is exposed to damage by tree roots. If installed in filled or unstable ground, the building sewer shall be of cast-iron soil pipe, except that nonmetallic material may be accepted if laid on a suitable concrete bed or cradle as approved by the Superintendent. The building sewer pipe shall have a maximum length of five feet between joints.
The size and slope of the building sewer shall be subject to the approval of the Superintendent, but in no event shall the inside diameter be less than four inches. The slope of such four-inch pipe shall be not less than 1/4 inch per foot.
Wherever possible the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to or within three feet of any bearing wall, which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building sewer shall be laid at uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with properly curved pipe and fittings.
In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged to the building sewer.
No person shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the Superintendent. Pipe laying and backfill shall be performed in accordance with ASTM Specification C12-58T, except that no backfill shall be placed until the work has been inspected by the Superintendent.
All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Village.
All joints and connections shall be made gastight and watertight.
Cast-iron pipe joints shall be firmly packed with oakum or hemp and filled with molten lead not less than one inch deep. Lead shall be run in one pouring and caulked tight The entire joint shall conform to AWWA Specification C600-54T, Section 9a. No paint, varnish or other coatings shall be permitted on the jointing material until after the joint has been tested and approved. The transition joint between cast iron pipe and Transite pipe shall be made with either lead or approved hot-poured jointing material as specified herein.
Material for hot-poured joints shall not soften sufficiently to destroy the effectiveness of the joint when subjected to a temperature of 160º F. nor be soluble in any of the wastes carried by the drainage system. The joint shall first be caulked tight with jute, hemp or similar approved material. Transite asbestos-cement pipe joints shall follow the manufacturer's recommendations. Other jointing materials and methods may be used only by approval of the Superintendent.
[Amended 1-14-1991 by L.L. No. 1-1991]
Except as otherwise provided in this chapter, the size, slope, alignment, materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the plumbing requirements of the New York State Uniform Fire Prevention and Building Code. In the absence of provisions in such code applicable to a particular situation or condition or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and Water Pollution Control Federation Manual of Practice No. 9 shall apply.
The connection of the building sewer into an existing public sewer shall be made within five feet of the property line. If a lateral connection has not previously been provided, the lateral will be constructed from the existing public sewer to within five feet of the property line by the Department of Public Works upon submittal of a proper request by the property owner. The method of connection of the lateral to the public sewer will be dependent upon the type of sewer material used and in all cases shall be approved by the Superintendent.
The applicant for the building sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer lateral. The connection shall be made under the supervision of the Superintendent or his representative.
When trenches are opened for the laying of house sewer lateral pipes, such trenches shall be inspected by the Superintendent before the trenches are filled, and the plumber performing such work shall notify the Superintendent when the laying of the house sewer is completed. The filling of a trench before inspection is made will subject the plumber to whom a permit is issued to a penalty for a violation as provided in § 133-42.
[Amended 1-14-1991 by L.L. No. 1-1991]
In case of a violation of any of the rules and regulations of the Village by a plumber, his journeymen plumbers or other persons in his employ, he (the plumber) may be suspended or his recognition may be revoked by the Village.
All extensions to the sanitary sewer system owned and maintained by the Village shall be properly designed in accordance with the most recent State Construction Code applicable to plumbing as modified and interpreted by the addendum of the Division of Drainage and Sanitation of the Department of Public Works of Onondaga County, and in the absence of applicable provisions of such code or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society for Testing and Materials and the Water Pollution Control Federation Manual of Practice No. 9 shall apply.
All designs shall comply with the requirements of the State Department of Health. Plans and specifications for sewer extensions shall be submitted to and approval obtained from the Superintendent of Public Works of the Village and the State Department of Health before construction may proceed. The design of sewers must anticipate and allow for flows from all possible future extensions or developments within the immediate drainage area.
Applications for sanitary sewer service connections within the Village of Fayetteville or within any Town sewer district served by the Village shall not be granted without first complying with the following requirements:
[Added 1-27-2014 by L.L. No. 3-2014]
Applicants for sanitary sewer service connections shall submit, with their application, an estimate of the anticipated sewer flows from the proposed structure, prepared by a licensed professional engineer. Such estimate shall be submitted to the Village Engineer for review and approval, and such additional information as the Village Engineer may require shall be provided by the applicant. Applications determined by the Village Engineer to involve 300 gallons per day or less of estimated sewer flow shall be approved, and a permit shall be issued upon payment by the applicant of a sewer connection fee as established by the Board of Trustees.
Applications for sewer service connections to serve a single-family residence or dwelling unit with an individual lateral connection shall be deemed to involve less than 300 gallons per day of sewer flow and shall be exempt from the requirements of this section.
Applications determined by the Village Engineer to involve more than 300 gallons per day of estimated sewer flow shall require a remediation plan, to be prepared by the Village Engineer and submitted for approval to the OCDWCP, as required by those agencies. Such remediation plan shall demonstrate specific improvements designed to eliminate 1:1 infiltration and inflow for each gallon of estimated sewer flow from the proposed structure.
The costs of design and implementation of such remediation plan shall be borne by the applicant who shall, upon request by the Village, deposit an initial sum of money with the Village Clerk/Treasurer equal to $4 per gallon of infiltration and inflow to be removed. Such deposit shall be disbursed by the Village Clerk/Treasurer upon presentation of vouchers for work performed. Applicants shall similarly deposit such additional sums as may be required to complete the design or implementation of a plan of remediation.
Permits for sanitary sewer connections shall be granted only upon the approval of above parties as listed.
Sewer extensions, including individual building sewer laterals to the property line, may be constructed by the Village if, in the opinion of the Village Board of Trustees, the number of properties to be served by such extension warrants its cost. Under this arrangement, the property owner shall pay for and install the building sewer from the property line to his residence or place of business in accordance with the requirements of this chapter. Thereafter, each property owner served by the extended public sewers will be charged at the full service charge as outlined in this chapter. Property owners may propose sewer extensions within the incorporated Village by drafting a written petition, signed by a majority of the benefiting property owners, and filing it with the Village Board of Trustees.
If the Village does not elect to construct a sewer extension, the property owner, builder or developer may construct the necessary sewer extension if this extension is approved by the Village Board of Trustees. He or they must pay for the entire installation, including all expenses incidental thereto. Each building sewer installed must be installed and inspected as previously required by the Superintendent of Public Works. Design of such sewers shall be as previously specified. The installation of the sewer extension must be subject to full-time inspection by the Superintendent of Public Works and the Village Engineer, and the expenses for this inspection shall be paid for by the owner, builder or developer. The decision of the Superintendent shall be final in all matters of quality and methods of construction. The sewer as constructed must pass an exfiltration test to be conducted by the Division of Drainage and Sanitation of the Onondaga County Department of Public Works and such other tests as in the opinion of such agency are necessary to assure that the construction complies with the provisions of this chapter. The cost of the sewer extension thus made shall be absorbed by the developers or property owners.
All sewer extensions constructed at the property owner's, builder's or developer's expense, after final approval and acceptance by the Superintendent of Public Works, shall become the property of the Village and shall thereafter be maintained by the Village. Such sewer extensions after their acceptance by the Village shall be guaranteed for one year. This guaranty shall be in a form provided by the Village. In the sole discretion of the Village, a surety bond may be required from the property owner, builder or developer and/or contractor which will guarantee proper execution and completion of the work without damage to the Village.
No builder or developer shall be issued a building permit for a new dwelling or structure requiring sanitary facilities within the Village until such time as a plumbing permit has been issued by the Division of Drainage and Sanitation of the Department of Public Works of the County of Onondaga and the Superintendent of Public Works of the Village. All new developments must have approved system of sanitary sewers.
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters to any sanitary sewer.
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or combined sewers or to a natural outlet approved by the Superintendent. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the Superintendent, to a storm sewer or natural outlet.
Except as provided in this chapter, no person shall discharge or cause to be discharged any of the following-described waters or wastes to any public sewer:
Any liquid or vapor having a temperature higher than 150º F. (65º C.).
Any waters or wastes which contain fats, wax, grease or oil, whether beneficial or not, or other substance that will solidify or become discernibly viscous at temperatures between 32º and 150º F.
Any waters or wastes containing emulsified oil and grease exceeding an average of 50 parts per million (417 pounds per million gallons) ether-soluble matter.
Any gasoline, benzine, naphtha, fuel oil or mineral oil or other flammable or explosive liquid, solid or gas.
Any noxious or malodorous gas, such as hydrogen sulfide, sulfur dioxide or nitrous oxide, or other substance which either singly or by interaction with other wastes is capable of creating a public nuisance or hazard to life or of preventing entry into sewers for their maintenance and repair.
Any garbage that has not been properly comminuted or triturated.
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, paunch manure, hair and fleshings, entrails, lime slurry, lime residues, beer or distillery slops, chemical residues, paint residues, cannery waste bulk solids or any other solid or viscous substance capable of causing obstruction to the flow of the sewers or other interference with the proper operation of the sewage system.
Any waters or wastes, acid and alkaline in reaction, having corrosive properties capable of causing damage or hazard to structures, equipment and personnel of the sewage system. Free acids and alkalis must be neutralized, at all times, within a permissible pH range of 6.0 to 9.5.
Any cyanides in excess of two parts per million by weight as CN.
Any long half-life (over 100 days) of toxic radioactive isotopes without a special permit.
Any waters or wastes that for a duration of 15 minutes have a concentration greater than five times the average of that of normal sanitary sewage (defined in Subsection N) as measured by suspended solids and BOD and/or which are discharged continuously at a rate of exceeding 300 gallons per minute except by special permit.
Any stormwater, cistern or tank overflow, cellar drain, discharge from any vehicle wash rack or water motor, or the contents of any privy vault, septic tank or cesspool or the discharge of effluent from any air-conditioning machine or refrigeration unit
Any waters or wastes containing a toxic or poisonous substance, a high chlorine demand or suspended solids in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals or create any hazard in the receiving waters or the effluent of the Village sewage treatment plant. Such toxic substances shall be limited to the average concentrations listed hereafter in the sewage as it arrives at the treatment plant, and at no time shall the hourly concentration at the sewage treatment plant exceed three times the average concentration. If concentrations listed are exceeded, individual establishments will be subject to control in volume and concentration by the Superintendent.
Limits of Toxic Substances in Sewage
Iron, as Fe
5.0 ppm
Chromium, as Cr (hexovalent)
4.0 ppm
Copper, as Cu
1.0 ppm
Zinc, as Zn
5.0 ppm
Chlorine demand
15 ppm
10 ppm
Cyanide, as CN
2.0 ppm
"Normal sanitary sewage" shall be construed to fall within the following ranges at the effluent of the industrial plant in question:
Normal Range
Suspended solids
180 to 350 ppm
140 to 300 ppm
Chlorine demand
5 to 15 ppm
Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand and other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent and shall be located as to be readily and easily accessible for cleaning and inspection.
Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight.
Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times and shall be readily accessible and open to inspection by the Superintendent of Public Works at any time.
The admission into the public sewers of any waters or wastes having a five-day biochemical oxygen demand greater than 300 parts per million by weight, or containing more than 350 parts per million by weight of suspended solids, or containing more than 15 parts per million of chlorine demand, or containing any quantity of substances having the characteristics above the previously described limits, or having an average daily flow greater than 2% of the average daily sewage flow of the Village shall be subject to the review and approval of the Superintendent.
Where necessary in the opinion of the Superintendent, the owner shall provide, at his expense, such preliminary treatment as may be necessary to reduce the biochemical oxygen demand to 300 parts per million and the suspended solids to 350 parts per million by weight, or reduce the chlorine demand to 15 parts per million, or reduce objectionable characteristics or constituents to within the maximum limits provided for in this chapter, or control the quantities and rates of discharge of such waters or wastes. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Engineer and of the Water Resources Commission of the state, and no construction of such facilities shall be commenced until such approvals are obtained in writing.
Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
When required by the Superintendent, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Engineer. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with Standard Methods for Examination of Water and Wastewater, published by the American Public Health Association, upon suitable samples taken at the control manhole provided for in § 133-33. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.
Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. All such sampling shall be carried out by the Superintendent of Public Works or such qualified governmental agency or department designated by the Superintendent.
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain any of the substances or possess the characteristics previously enumerated or which contain substances or possess characteristics which, in the judgment of the Superintendent or Division of Drainage and Sanitation of the Department of Public Works of Onondaga County, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:
Reject the wastes;
Require pretreatment to an acceptable condition for discharge to the public sewers;
Require control over the quantities and rates of discharge and/or;
Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or other sewer charges under the provisions of this chapter.
No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the Village and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Village for treatment, subject to payment therefor by the industrial concern.
[Amended 1-14-1991 by L.L. No. 1-1991]
No unauthorized persons shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the Village sewage works. Any person violating this provision shall be guilty of a violation of § 145.15 of the Penal Law and shall be punishable accordingly.
The Superintendent and other duly authorized employees of the Village bearing proper credentials and identification shall be permitted to enter upon all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter.
The source of the revenues for construction, improving and maintaining a public sewer system, including retiring debt service, capital expenditures and operation, shall be a sewer service charge assigned to owners of property within the area served by the sanitary sewer system of the Village.
The sewer service charge shall be comprised of a unit charge of use basis and an assessment charge based on the assessed valuation of the property served. The basic unit shall be the equivalent of a single-family residence. Such sewer charge shall be determined by the Village Board of Trustees on an annual bases.
[Amended 4-14-1975 by L.L. No. 2-1975]
In the event a lot, parcel of land, building or premises of any kind discharges into the sewerage system of the Village sewage or other wastes which, in the opinion of the Superintendent of Public Works, contain unduly high concentrations of any substances which add to the operating or maintenance costs of the sewage disposal system, then the Board of Trustees of the Village may elect to establish special rates of charge, based on the quantity of these substances, which rate of charges may be established in such manner as the Village Board of Trustees may elect, or it may elect to exclude such sewage or trade wastes from its facilities. It shall be the duty of the Superintendent of Public Works or other designated official to make an annual survey to determine whether there is being discharged into the sewage disposal system sewage of the type heretofore designated which adds to the cost of operation or maintenance of such system. Upon completion of such survey the Superintendent shall file a report of his findings with the Village Board of Trustees, together with his recommendation as to whether additional sewer rent charges should be levied for such sewage or other waste, and, if so, he shall set forth recommended charges for the same.
A special sewer rent may be assigned to any industrial firm or organization whose waste disposal situation is such that it would be in the public interest to waive the previous rate provisions. The Village, after appropriate study and advice from the Superintendent, shall assign a special sewer rent charge to the industrial firm by separate agreement with such firm. The applicable portions of the preceding provisions as well as the equitable rights of the public shall be the basis for such an arrangement.
All revenues derived from the sewer rents imposed hereunder, together with all penalties and interest thereon, shall be kept by the Village Treasurer in a separate fund to be known as the "Sewer Fund." Expenditures chargeable against such Sewer Fund shall be incurred only for such purposes as such Sewer Fund has been established as hereinbefore provided and as allowed by § 279 of the Village Law of the State of New York.[1] If in any year it appears that there will be a deficit in such fund, the Village Board of Trustees may make up such deficit by the assessment of general taxes.
Editor's Note: Section 279 of the Village Law was omitted when the Village Law was recodified in 1973. However, see General Municipal Law § 453, Sewer rent fund.
The Village reserves the right to change the basis for determining sewer rent charges.
All sewer rent charges shall be levied by the Village on an annual basis and shall be due and payable at the office of the Village Treasurer on such date as may be determined by the Village Board of Trustees.
Bills will be sent out to all users and shall be paid within 30 days. If not paid when due, a notice of at least 10 days shall be sent out to the user demanding payment or advising that the sewer service is subject to discontinuance, and after the expiration of the period specified in such notice, such sewer service shall be subject to discontinuance without further notice. The expense of discontinuance and recommencement of such sewer service shall be borne solely by the owner of such property, and such expense, if unpaid, will become a lien upon such property in the same manner as the sewer rent charge itself as hereinafter provided.
In addition to the foregoing, such sewer rent charge shall constitute a lien against the real property benefited and such lien is prior and superior to every other lien or claim except a lien of an existing tax, water charge or local assessment. Such unpaid sewer rent charges, upon certification by the Village Treasurer, shall be placed upon the real property tax bill for that year with interest and penalties.
Interest will be charged at the rate of 6% per annum upon all sewer rentals and other charges after the due date. A further charge of 10% of the unpaid amount may be added thereto in each case of failure to make prompt payment,and the total thus obtained shall be the sewer rent charge in each such case.
Such collection procedures for delinquent sewer rents shall be in accordance with § 452 of the General Municipal Law of the State of New York and § 279-7 of the Village Law of the State of New York.[1]
Editor's Note: Section 279 of the Village Law was omitted when the Village Law was recodified in 1972.
The cost of the building sewer to serve for all buildings requiring sewer service shall be borne by the property owner.
Subdivisions utilizing any portion of the Village works shall bear the cost of the installation of public sewers and building sewers in the subdivisions.
A sewer service charge for transportation, treatment and operation and maintenance costs will be levied against property owners within such subdivisions.
Any person found to be violating any provision of this chapter, except for provisions of § 133-37, shall be served by the Village with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
See Ch. 113, Penalties for Offenses.
[Amended 1-14-1991 by L.L. No. 1-1991; 1-23-2012 by L.L. No. 4-2012]
In the alternative, upon violation of this chapter, the proper authorities of the Village, in addition to other remedies, may institute any appropriate action or proceedings, including any injunction, to prevent such unlawful use, construction or maintenance of cesspools, septic tanks, sewage disposal systems, pipes or drains, to restrain, correct or abate such violation or to prevent the occupancy of any building, structure or land where such violations of this chapter are found.
Any person violating any of the provisions of this chapter shall become liable to the Village for any expense, loss or damage occasioned by reason of such violation.