[Adopted 5-24-1965 by L.L.
No. 1-1965; amended in its entirety 5-4-1981
by L.L. No. 5-1981]
As used in this article, the terms "sewer rents," "part," "sewage,"
"industrial waste" and "other wastes" shall be as defined in § 451
of the General Municipal Law.
The sewer system of the village for which rents are hereby established
and imposed is all the sewer pipes and other appurtenances which are used
in connection with the collection, transportation or disposal of sewage, industrial
waste and other wastes and which are owned, operated or maintained by the
Village of Hamburg, including sewage pumping and lift stations but not the
system of stormwater sewers of the village.
The Board of Trustees of the Village of Hamburg does hereby establish
and impose charges and sewer rents for:
A.
Services rendered by the village sewer system to real
property within the corporate limits of the village as hereinafter set forth.
B.
Direct unit charges imposed on the Village of Hamburg
by other agencies for the transportation, treatment and disposal of sewage
beyond the limits of the village.
The Board of Trustees, as part of its budget adoption process, shall
annually estimate the:
A.
The total amount of the sewer rent imposed for each fiscal year shall equal as nearly as possible the total of the two amounts estimated by the Board of Trustees pursuant to § 186-4.
B.
The sewer rent imposed hereby shall be charged to and
paid by the owner of the premises connected to the sewer system. The owner
of the premises shall be the person or party whose name appears as owner on
the most recently filed assessment roll of properties in the Village of Hamburg.
C.
The sewer rent to be paid for each property shall be an amount equal to the unit charge(s) estimated or anticipated to be contained in the next subsequent annual charge to be imposed on the village by the Erie County South Towns Sewer Agency, or a successor thereto, applicable to each property, plus an additional unit charge applicable to each property; such additional unit charge being an amount determined by dividing the amount of the total cost of management, maintenance, operation and repair of the village sewer system, as estimated by the Board of Trustees pursuant to § 186-4, by the whole number of units contained in the properties served by the village sewer system. The sewer rent thus determined for each property shall be billed as of the first day of June of each year to each property owner as a separate item and included on the statement of the annual village tax payable on the property in question in the manner provided by § 1430 of the Real Property Tax Law.
D.
Owners may appeal their assessments to the Village Board
of Trustees. The Village Board of Trustees may reduce the number of sewer
units charged, provided that the owner can provide a valid reason for doing
so and that adequate funds exist in the sewer fund to provide the reimbursement.
[Added 6-15-1998 by L.L.
No. 3-1998]
Such revenues derived from sewer rents, including interest and penalties,
shall be credited to a special fund to be known as the "Sewer Fund."[1]
[1]
Editor's Note: Former Section 8, dealing with surveys and reports
of discharge, which immediately followed this section, was deleted 6-15-1998
by L.L. No. 3-1998.
[Amended 4-19-1999 by L.L.
No. 2-1999]
Sewer rents hereby established and imposed are established and imposed pursuant to Article 14F of the General Municipal Law; the provisions of Article 14F of the General Municipal Law and of Article 14, Title 2 of the Real Property Tax Law shall apply to and provide the manner of the levy and collection of same. Any person failing to pay any sewer rent or any portion thereof, within the time required by this article, shall be subject to a penalty as set forth in Chapter 1, General Provisions, Article II, § 1-14, Penalties assessed against unpaid taxes, sewer rents and invoices.
