[Adopted 4-21-1969]
A.
Pursuant to the authority of the Town Law of the State
of New York and any and all amendments thereto, there is hereby established
and imposed sewer rents as a means of producing revenue for the East Bloomfield
Sanitary Sewer District No. 1 in the Town of East Bloomfield, Ontario County,
New York.
B.
Sewer rents are hereby established and imposed for the
East Bloomfield Sanitary Sewer District No. 1 serving the sewer district now
existing, those hereafter created and extensions of either on behalf of said
sewer districts.
As used in this article the following terms shall mean and include:
A waste drain from each sink, watercloset, urinal, shower or tub
or any other structure draining from any premises into said sewer system.
As used in relation to the term "sewer system," all lateral sewers
or all branch sewers or all interception sewers or all trunk sewer and each
part with necessary appurtenances, including pumping stations.
The water-carried human or animal waste and permissible industrial
waste from residences, buildings, industrial establishments or other places.
A scale of quarterly charges established and imposed in the East
Bloomfield Sanitary Sewer District No. 1 in the Town of East Bloomfield for
the use of the sewer system or any part or parts thereof.
All sewer pipes and other appurtenances which are used or useful
in whole or in part in connection with the collections of sewerages, water,
industrial waste and other wastes and which are owned, operated or maintained
by East Bloomfield Sanitary Sewer District No. 1 in the Town of East Bloomfield,
including sewage pumping stations operated or maintained by said Sanitary
Sewer District.
The Town Board shall annually fix and determine the amount of the sewer
rent to be charged for each classification of property within the respective
Sanitary Sewer District No. 1.
Equivalent single house units shall be determined as follows:
A.
Each residence, commercial business, industry or other
parcel of real property within said sewer district connected to the system
shall constitute a number of equivalent units based on the average quarterly
water consumption, as recorded for the previous year or applicable part thereof.
(1)
The following quarterly water consumption shall govern
for determining the applicable number of units:
|
Average Meter Reading per Quarter In Gallons
|
But Not More Than
|
Number of Equivalent Units
| |
|---|---|---|---|
|
0
|
7,500
|
3/4
| |
|
7,500
|
30,000
|
1
| |
|
30,000
|
37,500
|
1 1/4
| |
|
37,500
|
45,000
|
1 1/2
| |
|
45,000
|
52,500
|
1 3/4
| |
|
52,500
|
60,000
|
2
|
(2)
For each additional 7,500 gallons per quarter consumed,
add 1/4 unit.
(3)
In the case of residences, the determination of rental
shall be based on the average meter readings of the first, second and fourth
quarters of the immediate preceding calendar year.
(4)
All other real property connected to the system shall
be determined by the four quarters average consumption of the immediate preceding
year, except as noted under demand charge.
(5)
If a dwelling has been connected for less than a year,
they will have an estimated unit charge determined by the Town Board and they
will be charged a full quarter rental charge payable in advance of connection
to the system.
(6)
A demand charge may be imposed by the Town Board on any
commercial or industrial development that uses less water than the minimum
established above. Said charge will be based on the number of employees, the
square footage of structure occupied, size of water service and size of sewer
lateral of each establishment within the district. This charge will also be
reviewed annually by the Commission.
B.
A single-family dwelling shall constitute one unit.
C.
Premises occupied or designated to be occupied by two
or more families, including two-family dwellings and multifamily dwellings
and apartments, apartment houses and such shall consist of one household unit
for each apartment or living quarters or separate family unit contained in
or on such premises.
D.
Premises occupied as a gas station shall be considered
so that each gas station shall be the equivalent of one household unit.
E.
Motels. Premises occupied by a motel shall be considered
so that each unit in said motel shall be the equivalent of 1/2 household unit.
For example, a motel with 10 units, whether occupied or unoccupied, shall
be considered as five household units.
F.
Premises occupied as a restaurant shall be considered
as being equal to three household units, provided that said premises have
four fixtures or less in said premises. Any restaurant having more than four
fixtures will be rated according to the number of said fixtures.
G.
Garages. Premises occupied as a garage without gas pumps
shall be considered to be 1 1/2 household units, provided that said premises
have four fixtures or less in said premises. Any garage having more than four
fixtures will be rated according to the number of said fixtures.
H.
Premises occupied as a retail store shall be considered
to be equal to one household unit, provided that said premises have four fixtures
or less in said premises. Any retail store having more than four fixtures
will be rated according to the number of said fixtures.
I.
Premises occupied by any classification known as a laundromat,
whether self-service or otherwise, shall be considered as equal to one household
unit for every two appliances used for either washing or drying. A washer-dryer
combination appliance shall be considered as two appliances.
J.
For premises occupied as a trailer park, whether occupied
or not, and based upon the total number of licensed units by the Town of East
Bloomfield, each unit shall be considered as 3/4 of a household unit. For
example, a trailer park licensed for 100 units shall be considered as 75 household
units.
K.
Any parcel of real property or usage which does not fall
in any of the above classifications will be charged a rate as determined by
the Town Board, as Sewer Commissioners. Said rate will be based on the quarterly
water consumption of the industry or business concerned plus demand charge
where applicable.
L.
In the event that any parcel of real property falls within
more than one of the above classifications, that classification which produces
the greatest number of household units shall be the one applicable. In the
event, however, that any parcel of real property is divisible according to
actual sewer connections, to be divisible into one or more classifications,
the number of household units in each classification shall be determined and
the total thereof shall constitute the number of household units applicable
to the entire parcel.
A.
Sewer rents shall be due and payable quarterly in advance
on April 1st, July 1st, October 1st and January 1st in each year.
B.
The Town Board as Sewer Commissioners, shall quarterly
cause a statement to be prepared setting forth the amount of the sewer rents
for each of the properties subject thereto and the name of the person in whose
name such real property is assessed, which shall be mailed to said taxpayer
quarterly.
C.
The Town Board, as Sewer Commissioners, shall further
cause a statement to be prepared setting forth the amount of the sewer rents
which have accrued before the enactment of this article on each of the properties
which have been connected to the sewer system and shall be charged under the
proper, classification from the first of the month during which connection
was made.
D.
If rents are not paid within 30 days of the above posted
dates, a penalty in the amount of 10% of such bill shall on the first of May,
August, November and February become due and payable.
E.
If bills are not paid by the 15th of the month succeeding
the date due, a notice of at least seven days will be sent to the owner demanding
payment and/or advising that the sewer service is subject to discontinuance
and after the expiration of the period specified in said notice such sewer
service shall be subject to discontinuance without further notice.
F.
Sewer rents, together with the amount of any penalty
which shall become due and owing as provided in this article, shall constitute
lien upon the property served by the sewer system, etc., and such rents and
penalties may be included in the town tax levy pursuant to § 198
of the New York State Town Law or the provisions of Article 14-F of the New
York State General Municipal Law, and any and all laws amending or replacing
such statutory provisions.
Revenues derived from sewer rents shall be credited to a special fund
to be known as the "Sewer Rent Fund." Moneys in such fund shall be used only
in the manner and for the purpose specified and in the order required by the
Town Law of the State of New York.
[Amended 7-14-1997 by L.L. No. 1-1997]
Sewer rents shall be established from time to time by local law and
are on file in the Town Clerk's office.
