[Amended 5-22-2000 by L.L. No. 2-2000; 8-23-2010 by L.L. No. 2-2010]
In order to establish and operate the Sewer
Department and the sewage treatment plant of the Village as a separate
utility and to ensure its proper operation, repair and maintenance,
it shall be the policy of the Village to establish and impose a scale
of annual charges for the use of the sewer system or any parts thereof.
The annual charge will consist of:
A.
A minimum
fee called the “fixed user cost,” defined as the cost
of all indebtedness, fixed operational costs, and other costs deemed
fixed by the Village, divided by the total number of users;
B.
A fee
called the “variable user cost,” defined by the Village
as operating and maintenance costs; and
C.
Equivalent
dwelling units. The Table of Equivalent Dwelling Units is attached
to this chapter[1] and may be amended from time to time by simple Board resolution,
following a public hearing on not less than five days’ notice.
[1]
Editor's Note: The Table of Equivalent Dwelling Units is included
at the end of this chapter.
As used in this article, the following terms
shall have the meanings indicated:
The rent, rate or charge imposed or levied by the Village
for the use of the sewer system or any part or parts thereof.
[Amended 4-11-1978 by L.L. No. 3-1978; 5-3-1983 by L.L. No.
1-1983; 5-29-1984 by L.L. No. 2-1984; 1-6-1987 by L.L. No.
2-1987; 5-30-1996 by L.L. No. 2-1996]
A.
The Village hereby establishes and imposes the following
scale of annual charges as sewer rents for the use of or connection
to the Village's sewer system or any part or parts thereof on the
real property connected to the Village's sewer system.
B.
Annual charges.
[Amended 5-22-2000 by L.L. No. 2-2000; 8-23-2010 by L.L. No. 2-2010]
(1)
The annual charge, hereafter referred to as "total
user cost," shall be billed in installments every four months, on
or about March 1, July 1, and November 1, in each and every year.
The total user cost is comprised of three parts, as follows:
(2)
The total user cost (TUC) equals the fixed user cost
times the EDU plus the variable user cost. Formula: TUC = (UC/F x
EDU) + UC/V.
(3)
The
fixed user cost is applied to each parcel in the Village of Clayton,
whether improved or capable of improvement, including vacant parcels
deemed able to be developed. The variable user cost is assessed to
metered users per each 1,000 gallons or part thereof. In the event
of non-metered users, the Village Board will assess the variable cost
each year.
(4)
Outside
users will be billed for fixed costs at a rate 1 1/2 times that which
a similarly categorized resident within the Village would pay, and
1 1/2 times what a Village resident would pay for the variable user
cost.
(5)
The
Village Board of Trustees has the authority to modify these charges
by simple resolution on or before the first regular meeting in June
of each year, following a public hearing on not less than five days’
notice.
It shall be the duty of the Superintendent or
other designated official to make a survey annually or at such 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
sewage or other wastes which, in the opinion of such Superintendent,
contain unduly high concentrations of solids or any other substances
adding to the operating costs of the sewer system. Upon completion
of such survey, he shall file with the Board of Trustees a report
of his findings, indicating whether additional sewer rent charges
should be levied for such sewage or other wastes, 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 rent charge
therefor as shall be equitable in addition to the sewer rents provided
for by the preceding sections of this article.
[Amended 1-6-1987 by L.L. No. 2-1987; 5-22-2000 by L.L. No.
2-2000]
All sewer rents shall be due and payable at
the office of the Village Treasurer at the same time as the water
rent for such period shall be due and payable or on such other date
or dates or for such other periods as may be determined by the Board
of Trustees. In addition to the sewer service charge or rental provided
in this article according to the rate set by the Board of Trustees,
a further charge, as fixed by the Board of Trustees, shall be added
thereto in each case of failure to make payment on or before the date
on which the rent for such period is due, and the total thus obtained
will be the sewer rental in each case.
Bills will be sent out to all users, but the
Village will not employ a collector, and the failure of any user to
receive a bill promptly shall not excuse nonpayment of the same, and
in the event the user fails to receive a bill promptly, he shall demand
the same at the Village Treasurer's office.
[Amended 1-6-1987 by L.L. No. 2-1987]
If bills are not paid when due, a notice of
at least 10 days may be sent out to the user, demanding payment or
advising that the sewer service and/or water service are subject to
discontinuance and after the expiration of the period specified in
such notice, such sewer service and/or water service may be discontinued
without further notice. All sewer rents remaining due and unpaid at
the time the annual Village tax levy is made out shall be included
therein pursuant to the General Municipal Law and levied against the
real property on which the same has been used, and shall be collected
and enforced with and in the same manner and at the same time as other
Village taxes.
