Pursuant to the authority granted by Article
14-F of the General Municipal Law of the State of New York, the City
Council of the City of Glen Cove does hereby establish a scale of
rents to be called "sewer rents" which are hereby levied and assessed
against every lot, parcel of land, building or premises now or hereafter
having any connection with the wastewater collection system of said
city or otherwise discharging domestic sewage, commercial or industrial
waste (water or other liquids) either directly or indirectly into
the wastewater collection system of the city, the revenue from which
shall be used for the payment of the cost of operations, maintenance
and repairs of the wastewater collection and treatment facilities
or such part or parts thereof for which sewer rents have been and
are hereby established and imposed, the interest on and amortization
of, payment of, indebtedness which has been or shall be incurred for
the construction and repair of the sewer system or such parts or part
thereof for which sewer rents have been and are established or imposed
(other than indebtedness, and the interest thereon, which is to be
paid in the first instance from assessments upon benefited real property),
and for the construction of wastewater treatment and disposal facilities
with necessary appurtenances, including pumping stations, or for the
extension, enlargement or replacement of or additions to such wastewater
collection or treatment facilities or a part or parts thereof.
A.Â
Basis. In addition to any and all fees and charges
provided by law, the owner of any parcel of real property within the
city limits connected with the wastewater collection system of the
City of Glen Cove shall pay a sewer rent for the use of such wastewater
collection system based upon consumption of water, as metered either
from the city water system or private well water, to said premises
in an amount to be fixed and determined as hereinafter provided.
B.Â
Users not from city water system. For the purpose
of determining the amount to be charged, premises using the wastewater
collection and treatment facilities whereon the water used is derived
in whole or in part from sources independent of the city water system,
such water shall be measured by a city water meter or by a meter acceptable
to the Director of Public Works, to be installed and maintained by
the owner or occupant thereof, at his or her own cost, and subject
to the supervision, control and inspection by said Director. The sewer
rent charged against such property shall be determined by the metered
consumption of water used on said premises regardless of the source
from which supplied according to the schedule herein and hereinafter
adopted by the City Council. Whenever the owner or occupant fails
to install such meter or where the City Council finds it impractical
to insist upon such meter, the City Council may accept the report
of said property owner as to the amount of water used on said premises
or the City Council may fix and determine the amount ordinarily consumed
upon said premises by such method as it may find practicable in the
light of the conditions and attendant circumstances of the case, in
order to determine the sewer rental charge, all in accordance with
corresponding rates assessed against other similar property.
The City Council shall have the power to make
and enforce such general rules and regulations, both as to public
and private water supply, for the collection, rebating and refunding
or adjustment of such charges for any reason, including diversion
of wastes from the wastewater collection and treatment facilities,
as may be reasonably necessary to avoid injustice, to the end that
all property discharging wastewater in the sewer system will bear
its equitable proportionate share with other property of said wastewater
collection and treatment facilities or any extension, enlargement,
replacement or additions to such facilities or any part or parts thereof.
All revenues derived from the sewer rents imposed
hereunder, together with all penalties and interest thereon, shall
be kept by the Controller in a separate account to be known as the
"Sewer Rent Fund" to be deposited and used as provided by § 453
of the General Municipal Law.
A schedule of rates for sewer rents shall be
fixed and established for every lot, parcel of land, building or other
premises now or hereafter connected to the wastewater collection system
of the city from time to time by the City Council.[1]
[1]
Editor's Note: The fee schedule is on file
in the city offices.
All sewer rents shall be due and payable within
15 days from the billing date which shall be rendered quarterly. In
the event that payment is not received within 30 days from the due
date, an additional charge of 10% shall be added to the amount due
as a late charge. The failure of any user to receive a bill promptly,
i.e., 90 days after the previous billing, shall not excuse nonpayment
of same.
A.Â
All sewer rents shall be based on three month's consumption
of water, and whenever water is supplied through a meter, the rent
shall be charged for a period of three months. If for any reason a
meter is not read quarterly, the charge will be based on the average
consumption. Should the meter not be read for a period of six months,
the total consumption will be divided by two and the result treated
as the consumption for each.
B.Â
If a meter is not read because of lack of access due
to the owner or occupant, the city after written notice of not less
than 10 days may discontinue service until such time as access is
granted. The shutoff charge and turn-on charge shall be set from time
to time by the City Council.[1]
[1]
Editor's Note: The fee schedule is on file
in the city offices.
A.Â
A user of water for irrigation purposes or commercial
or industrial operations shall be entitled to a deduction for the
amount of water used for such purposes and operations and not discharged
into the wastewater collection system.
B.Â
Any user who requests an exemption pursuant to Subsection A herein shall apply to the Department of Public Works for such exemption on forms provided by the city.
C.Â
The Director of Public Works shall examine or cause
to be examined the application and operation or use and determine
the equitable percentage of allowable deduction to which the applicant
or user is entitled from the sewer rent charges.
D.Â
Such deduction shall be computed in accordance with
acceptable standards of the trade, business or industry.
E.Â
The Director of Public Works may, for good cause,
from time to time, change the percentage of allowable deduction either
on application of the user or on his or her own initiative.
A.Â
Sewer rents to constitute lien. Sewer rents shall
constitute a lien upon the real property served by the sewer system.
The lien shall be prior 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.
B.Â
Collection as part of city taxes. The City Council
may annually cause a statement to be prepared by the Controller setting
forth the amount of each lien for sewer rent in arrears, the real
property affected thereby and the name of the person in whose name
such real property is assessed. Such statement shall be presented
to the City Council on or before the date specified by the City Council.
The City Council shall levy the amounts contained in such statement
against the real property liable at the same time and in the same
manner as city taxes, and such amounts shall be set forth in a separate
column in the annual tax rolls. The amounts so levied shall be collected
and enforced in the same manner and at the same time as provided by
law for the collection and enforcement of city taxes.
