City of Newburgh, NY Article I Sewer Rents

[Adopted 3-30-1970 by L.L. No. 1-1970]

§ 248-1 Imposition; method of determination.

[Amended 1-12-1976 by L.L. No. 1-1976; 5-8-1978 by L.L. No. 1-1978; 12-22-1980 by L.L. No. 8-1980]

There is hereby established and imposed sewerage facilities rents and sewer use rents, which rents are to be imposed upon the owners of real property and which rents are to be determined as follows:

A. Sewer facility unit charge.

[Amended 6-13-1988 by L.L. No. 4-1988; 12-11-1989 by L.L. No. 4-1989; 6-20-2011 by L.L. No. 4-2011]

(1) The sum of all units derived in the manner set forth in Chapter 163, Fees, of this Code shall be divided into the annual cost of debt service to determine the sewer facility unit charge.

(2) The owner of each property in the City shall pay a sewer facility unit charge equal to the number of units assigned to that property multiplied by the sewer facility unit charge determined in Subsection A(1) above.

(3) The minimum sewer facility unit charge shall be as set forth in Chapter 163, Fees, of this Code.

B. Sewer use rents.

(1) The sewer use rent shall be 108% of the customer's annual water bill, except as specified in Subsection B(2) and (3).

[Amended 2-10-1986 by L.L. No. 1-1986; 2-9-1987 by L.L. No. 1-1987; 1-25-1988 by L.L. No. 1-1988; 12-11-1989 by L.L. No. 4-1989; 12-10-1990 by L.L. No. 3-1990; 11-25-1991 by L.L. No. 7-1991; 2-28-1994 by L.L. No. 2-1994; 12-12-1994 by L.L. No. 6-1994; 12-9-1996 by L.L. No. 4-1996; 12-13-1999 by L.L. No. 5-1999[1]; 7-15-2002 by L.L. No. 2-2002; 3-12-2018 by L.L. No. 2-2018; 12-10-2018 by L.L. No. 5-2018]

[1] Editor's Note: This local law provided that it would take effect 1-1-2000.

(2) When a user takes water from a source other than the City of Newburgh water supply system and discharges such water into the sewer system of the City of Newburgh, the quantity of such sewage discharge must be measured by a metering device to be installed by the customer at his own expense. In the alternative, the amount of water taken from the other source must be measured by a meter installed at the expense of the customer. Such metering device and the installation thereof must be approved by the Superintendent of the Water Department and shall be kept in good repair at the expense of the customer. The Superintendent shall direct the type of meter, the manufacturer thereof and the placement of the meter. Thereafter, he shall be given full access to read the meter described above at reasonable times. The sewer rent for such water shall be the same as if it had been taken from the City water supply system.

[Amended 8-9-1993 by Ord. No. 10-93]

(3) When the City of Newburgh obtains water from the New York City Aqueduct and a surcharge of 14% to finance such water services is added to a customer's bill pursuant to § 293-38B of the Code of Ordinances, such surcharge of 14% shall not be added to the customer's sewer use rent.

[Added 7-15-2002 by L.L. No. 2-2002]

§ 248-2 When due and payable; filing and confirmation of rolls.

A. The above-mentioned sewer rents shall commence on April 1, 1970, and shall be payable on a quarterly basis on the first days of July, October, January and April in each year.

B. At the same time the roll of water rents has been completed, the roll of the above-mentioned sewage rents shall be completed, and they shall be filed in the same manner in the office of the City Clerk as are rolls of water rents. These rolls shall be delivered to the Council and confirmed in the same manner as provided in § C8.85 of the Charter of the City of Newburgh and the provisions of §§ C8.85, C8.86 and C8.89 referring to the collection of water rents and bills shall be in all ways applicable to the collection of the sewer rents herein and before referred to.

[Amended 8-8-2011 by L.L. No. 7-2011]

§ 248-3 Facilities covered.

[Amended 5-26-1981 by L.L. No. 5-1981]

The sewer system referred to above for which sewer rents have been established and imposed includes the existing sanitary sewer system, the sewage treatment plant, intercepting sewers and appurtenances, together with any future additions thereto, which service the real property located within the boundaries of the City of Newburgh. Sewer fund money may be expended upon this sewer system as provided in § 453 of the General Municipal Law.

§ 248-4 Collection; fixing fees and penalties; enforcement.

A. Said sewer rents or charges shall be collected in the same manner as is or may be prescribed by law for the collection of taxes for the City of Newburgh for City purposes. Like notices shall be given by the Collector of Taxes of said City.

B. Like fees and penalties shall be fixed by the Council, and in all respects like proceedings shall be had by the City Collector as is or may be provided by law for the collection of taxes for City purposes.

C. The amount so levied shall be collected and enforced in the same manner and in the same time as may be provided by law for the collection and enforcement of City taxes.