[HISTORY: Adopted by the Town Board of the Town of Greece 11-4-2004 by L.L. No. 2-2004. Amendments noted where applicable.]
Sewers and sewage disposal — See Ch. 164.
This chapter shall be known and may be cited as the "Town of Greece Sanitary Sewer Rent Local Law."
The Town Board of the Town of Greece hereby finds and determines that the most equitable manner of collecting funds from the various properties within the Town served by its sanitary sewer system, hereinafter referred to as the "system," is to calculate sewer rents based upon the consumption of water on the premises connected with and served by said system.
For the purposes of this chapter, the definitions set forth in § 451 of the General Municipal Law shall be controlling.
Imposition. Pursuant to Subdivision 1 of § 198 of the Town Law and pursuant to Article 14-F of the General Municipal Law, the Town hereby establishes and imposes sewer rents for the use of the system or any part or parts thereof and establishes and imposes such sewer rents as a minimum charge and a water use surcharge on the real property using the system within the boundaries of the sanitary sewer districts and extensions thereof.
The boundaries of the sanitary sewer district and its extensions are as follows:
Beginning at a point, said point being on the shores of Lake Ontario at the intersection of the northwest corner of the Town of Greece and the northeast corner of the Town of Parma; thence, (1) southerly along the west boundary line of the Town of Greece, said line being the east boundary line of the Towns of Parma and Ogden, for a distance of 56,072 feet, more or less, to a point, said point being the southwest corner of the Town of Greece and the northwest corner of the Town of Gates; thence, (2) easterly along the south boundary line of the Town of Greece, and part of a boundary of the City of Rochester for a distance of 24,104 feet, more or less, to a point, said point being the intersection of the southeast corner of the Town of Greece and an angle point in the westerly boundary of the City of Rochester; thence, (3) generally north along the various courses comprising the easterly boundary of the Town of Greece and the westerly boundary of the City of Rochester, for a distance of 43,920 feet, more or less, as measured along the various courses comprising the last mentioned boundaries to a point on the shore of Lake Ontario, said point being the northeast corner of the Town of Greece and the northwest corner of the City of Rochester; then, thence (4) northwesterly along the various courses along the shoreline of Lake Ontario which courses form the northerly boundary of the Town of Greece, a distance of 48,800 feet, more or less, as measured along said courses, to the point and place of beginning; being intended to describe the entire area within the boundaries of the Town of Greece.
The boundaries described above are intended to include all the property within said boundaries shown on the map of the system on file in the Town Clerk's Office; intending to include the remaining portions of Town not currently within any sewer district boundaries.
Computation. The sanitary sewer rent shall be calculated on the basis of water consumption data, as provided to the Town of Greece by the Monroe County Department of Environmental Services, Division of Pure Waters. This charge is subject to change based on the financial obligations of the districts.
All sewer rents imposed hereunder shall be due and payable in the same manner and at the same time as the combined Town and county taxes are due and payable, which is traditionally the 10th day of February of each year.
If any owner of real property on which a sewer rent has been imposed deems himself aggrieved because such real property is not served by the system or an error has been made in computing such sewer rent, the owner may apply for a refund of all or part of such sewer rent. Such application shall be verified by the owner and shall set forth the amount of refund sought and the grounds therefor. Such application shall be presented to the Town, which may refund all or part of such sewer rent.
Sewer rent shall constitute a lien upon the real property served by the system or such part or parts thereof for which sewer rents are hereby established and imposed. The lien shall be prior to every other lien or claim except the lien of an existing tax assessment or other lawful charge imposed by or for the state or political subdivision or district thereof
Revenue derived from sewer rent, including penalties and interest, shall be credited to the Town's sanitary sewer fund. Moneys in the fund shall be used to maintain and improve the system.