As used in this article, the following terms
shall mean and include:
The combined amount of county operation and maintenance (O&M)
sewer rents and county benefit assessments made by the Orange County
Sewer District No. 1 (OCSD No. 1) to properties within the village.
A unit used for billing and charge purposes intended to reflect
the average usage of a single-family dwelling as determined from time
to time by the Board of Trustees. The Board shall take into account
such factors as amount of flow, quality of effluent, peak flows and
benefits conferred upon the property in establishing EDU'S.
The rent, rate or charge imposed or levied by the Village
of Kiryas Joel in accordance with the benefit conferred on all properties
within the village derived from the village wastewater treatment and
collection facilities. It shall be primarily, but not exclusively,
for the payment of capital expenditures and the annual debt redemption
on the indebtedness incurred for the construction, enlargement, expansion
and addition to the sewage treatment plant.
The rent, rate or charge comprising the scale of annual charges
imposed or levied by the Village of Kiryas Joel for the use of the
sewer system or any part or parts thereof. It shall be primarily,
but not exclusively, for the payment of operation and maintenance,
including replacement, of the sewage treatment plant and collection
facilities. This charge shall be made to properties within the village
not paying O&M sewer rents to the OCSD No. 1.
The Village of Kiryas Joel does hereby establish and impose a scale of sewer facilities and use of rents for the use of services rendered by the sewer system to the real property within the corporate limits of the village upon the following basis: The total amount of the annual wastewater operation budget and annual debt service, together with necessary reserves, less in allowance for connection charges collected pursuant to Article III shall establish the annual amount to be collected by sewerage facilities and use rents. This total amount shall be divided by the total number of EDU's in the village, provided that the ratio between the sewerage facilities rents and the sewer use rents shall be determined so that the total amount of sewerage facilities rents, sewer use rents and county charges shall be approximately equivalent per EDU.
It shall be the duty of the Sewer Superintendent
to make a survey annually or at such other times as may be required
by the Board of Trustees to determine whether there is being discharged
into the sewer system from any real property within the corporate
limits of the village sewage or other waste which, in the opinion
of such Superintendent, contains unduly high concentrations of solids
or any other substance adding to the operating costs of the sewer
system. Upon the completion of such survey, he shall file with the
Board of Trustees a report of his finding, indicating 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. The
Board of Trustees is authorized to fix and determine such additional
sewer use rent charges therefor as shall be equitable, in addition
to the sewer use rents provided for by the preceding sections.
The Board of Trustees shall, by resolution or
by agreement with the OCSD No. 1, determine the date when sewer use
rents shall begin to accrue.
A.
All sewer use and sewerage facility rents shall be
due and payable at the office of the Village Clerk quarterly each
year commencing as provided for herein. Sewer use rents may be based
on estimated consumption.
B.
Bills will be sent out to all property owners by the
village. The village will not employ a collector, and the failure
of any property owner to receive a bill promptly shall not excuse
nonpayment of the same. In the event that the property owner fails
to receive a bill promptly, he shall demand the same at the Village
Clerk's office.
C.
Terms of payment. Bills will be rendered at the net
amount and will be due when presented.
D.
If bills are not paid within 30 days from the date
due, a penalty of 10% will be added to the same.
E.
Sewer use rents shall constitute a lien upon the real
property served by the sewer system or such part or parts thereof
for which sewer use rents are hereby established and imposed, and
sewerage facilities rents shall constitute a lien upon the real property
against which they have been imposed. The lien shall be prior to and
superior 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 a political subdivision or district thereof.
F.
The Village Clerk shall annually certify the amounts
of all unpaid sewer use rents and sewerage facilities 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, and shall present such certificate to the
Board of Trustees and shall enter the same or an abstract thereof
in the minutes of the meeting. 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 separate columns
in the annual tax roll. The sewer use fund and sewerage facilities
rents shall be credited with the amount of all such unpaid sewer rents,
including penalties, and such amounts, when collected, shall be credited
to the general fund.
