Village of Owego, NY Sewer Rents

[Amended 6-2-2014 by L.L. No. 1-2014]

Pursuant to Article 14-F of the General Municipal Law of the State of New York, sewer rent shall be collected from owners of properties which are connected to any portion of the Village sewer system served by any of the Village’s wastewater facilities, including the Pumpelly Farm Sewage Treatment Plant.

§ 166-31 Property within Village limits.

[Amended 1-28-1991 by L.L. No. 2-1991; 6-2-2014 by L.L. No. 1-2014]

The owners of property within the boundaries of the Village of Owego which are served by the Pumpelly Farm Sewage Treatment Plant/system shall be charged a sewer rent based on an equivalent dwelling unit (EDU) basis. The annual sewer rent to be paid per EDU shall be based upon the total village sewer expense minus outside revenue, the difference of which is then divided by the total number of EDUs served by the Village sewerage system. A Table of Equivalent Dwelling Units ("EDU Table") is attached to this chapter as Appendix A and may be amended from time to time by resolution of the Board of Trustees, following a public hearing on not less than five days’ notice. Each parcel being served by the Village sewerage system shall be assessed an EDU value based on the appropriate category in the EDU Table.

§ 166-32 Metered property outside Village limits.

[Added 1-28-1991 by L.L. No. 2-1991; amended 6-2-2014 by L.L. No. 1-2014]

The owners of property outside the boundaries of the Village of Owego which are served by the Pumpelly Farm sewage treatment plant/system to which water service is metered shall be charged a sewer rent based on the cubic feet of water supplied to such property (as evidenced by water meter readings authorized per intermunicipal agreement) during the period for which the sewer rent is billed, a minimum per quarter rate, and a capital improvement fee, as set forth in Appendix B,[1] which may be amended from time to time by resolution of the Board of Trustees, following a public hearing on not less than five days' notice.

[1]

Editor's Note: Said appendix is included as an attachment to this chapter.

§ 166-33 (Reserved) [1]

[1]

Editor's Note: Former § 166-33, Unmetered property, as amended, was repealed 6-2-2014 by L.L. No. 1-2014.

§ 166-34 Surcharge for certain properties.

[Amended 1-28-1991 by L.L. No. 2-1991; 4-21-1997 by L.L. No. 1-1997]

Properties in areas served by sewer extensions constructed after 1964 when connected to the Village sewer system shall pay a surcharge in an amount set forth from time to time by resolution of the Board of Trustees.[1]

[1]

Editor's Note: The current fee schedule is located in Ch. A199, Fees.

§ 166-35 Sewer bills.

[Amended 1-28-1991 by L.L. No. 2-1991]

Bills shall be rendered quarterly and shall be payable at the Village Clerk-Treasurer's office. Bills shall be delinquent if not paid within 30 days after the date of billing. If not paid within 30 days after the date of the billing, a three-percent penalty shall be added to the base amount of the bill, and, if still not paid within 90 days of the date of the billing, an additional ten-percent penalty shall be added to the base amount of the bill.

§ 166-36 Review of rates.

[Amended 6-2-2014 by L.L. No. 1-2014]

The sewer rental rates and EDU Table shall be reviewed annually in January or at any other time the Board of Trustees deems necessary by the Board of Trustees or by a committee appointed by the Board to determine, on the basis of the preceding year's experience, whether such rates or EDUs should be increased or decreased.

§ 166-37 Adjustment of sewer rent.

[Amended 6-2-2014 by L.L. No. 1-2014]

Property outside village limits. A quarterly bill substantially greater than normal for a given property by reason of an undetected leak may be adjusted by the Village Clerk-Treasurer with the concurrence of the Village of Owego Board of Trustees. The normal rent for a given property may be determined by the amount which would have been charged based on an average usage by the average number of people in residence during the quarterly period for which the bill was rendered or by the previous bill for the corresponding quarter if the number of residents in the property is unchanged. The adjusted bill will be not less than the normal rental, as determined by the sewer committee, plus $10. A bill may not be adjusted for more than one period for any given leak. The property owner may initiate the adjustment process by presenting a signed statement stating the nature of the leak and the date the leak was detected and the date it was fixed or is scheduled to be fixed. The penalty for falsifying a statement shall be as stated in § 166-42 of this Part 1.

Property inside village limits.

(1)

Any property owner may request a review of the designation of his property in a particular EDU category by submitting a signed, written statement to the wastewater treatment plant operator. In order for property to be considered for adjustment to a new EDU category, the statement shall include the following:

(a)

The full name, address, and phone number of the property owner(s);

(b)

The parcel's tax map number;

(c)

A description of how the parcel is currently being used (ex. two-family residential; commercial - restaurant);

(d)

A copy of all building permits issued for the property within the previous year;

(e)

A copy of one year's water bills for the property in question; and

(f)

Any and all other information necessary for the Village to consider the parcel's EDU categorization.

(2)

The penalty for falsifying any information included in the re-categorization request shall be as stated in § 166-42. Adjustments to a property's EDU categorization shall be made by the wastewater treatment plant operator with the approval of the Village Board of Trustees. The Village may, at its sole discretion, conduct any investigation of the parcel deemed necessary in connection with an adjustment request. If such an investigation includes inspection of the parcel, the Village shall not conduct the inspection until the owner of the parcel is given five days' prior written notice. If an adjustment is made, it will be reflected in the sewer bill in the next quarter immediately following the grant of the request.

§ 166-38 Sewer rental fund.

Revenues derived from sewer rents, including penalties, shall be credited to a special fund to be known as the "sewer rent fund." Moneys in such fund shall be used in the following order:

For the payment of the costs of operation, maintenance and repairs of the sewage system or such part or parts thereof for which sewer rents have been established and imposed.

For the payment of the interest on and amortization of or payment of indebtedness which has been or shall be incurred for the construction or extension of the sewage system or such part or parts thereof for which sewer rents have been established and imposed.

For the construction of sewage treatment and disposal works with necessary appurtenances, including pumping stations, or for the extension, enlargement or replacement of or additions to such sewage system or part or parts thereof.

§ 166-39 Failure to pay rent; lien.

Sewer rents shall constitute a lien upon the real property served by the sewage system for which sewer rents have been established.

Certification of unpaid rents. The Village Clerk-Treasurer shall annually, on or before May 1, certify the amounts of all unpaid sewer rents, including penalties computed to the first day of the month following the month in which the fiscal year commences, with a description of the real property affected thereby. The Village Clerk-Treasurer shall present such certificate to the Board of Trustees and shall enter the same or an abstract thereof in the minutes of the meeting.

Levying of rents against property. The Board of Trustees shall levy such amounts against the real property liable therefor as a part of the annual Village tax levy setting forth such amounts in a separate column in the annual tax roll.

Credit of rents to sewer fund. The sewer fund shall be credited with the amount of an unpaid sewer rent, including penalties, and such amount, when collected, shall be credited to the general fund.

§ 166-40 Damage to sewage system.

No person not authorized by the Village Board of Trustees to do so shall break, damage, destroy, uncover, deface or tamper with any portion of the Village sewage system.

§ 166-41 Sewer bills for abnormal use.

[Added 4-21-1997 by L.L. No. 1-1997]

When a customer experiences an extreme increase in a water bill and receives and adjustment to that bill from the Owego Waterworks, the customer can request an adjustment to the sewer billing which is based on the original Owego Waterworks adjustment. The adjustment shall conform to the following rules:

Water consumption must be at least three times normal.

The Owego Waterworks must have revised the water bill per its current policy.

The sewer customer must request an adjustment and provide a copy of the water bill showing the revised consumption amount.

The Village sewer billing administrator shall calculate the revised bill and resubmit the same to the customer.

If the bill has been paid in full, the sewer billing administrator shall calculate the revised bill and issue a credit for any difference to the customer's next billing.

Any adjustment of this nature will be on a one-time-only basis.