Village of Clyde, NY
Wayne County
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[HISTORY: Adopted by the Board of Trustees of the Village of Clyde 3-2-1989 by L.L. No. 2-1989 (Ch. 146 of the 1972 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Board of Water Commissioners — See Ch. 44.
Sanitary sewers — See Ch. 144.
Sewer use — See Ch. 148.
Water — See Ch. 184.
[Amended 5-4-1995 by L.L. No. 3-1995; 5-16-1996 by L.L. No. 2-1996; 4-10-2008 by L.L. No. 1-2008; 2-25-2015 by L.L. No. 1-2015; 11-8-2017 by L.L. No. 8-2017]
Effective November 8, 2017, and to be reflected starting in the billing for March 1, 2018, a quarterly charge of $79 per unit is hereby imposed upon every person, firm or corporation whose premises are served by the sanitary sewer system of the Village of Clyde, either directly or indirectly, for the use and support of the facilities of the said sanitary sewer system, and for connection therewith. The quarterly charge will be billed on June 1, September 1, December 1 and March 1 of each year, requiring that all charges be due and payable within 20 days or be considered delinquent, and any account delinquent as of April 30 will be added to the Village tax roll.
A. 
The sewer rental is due as hereinafter described whether or not the property is connected to the main sewer by the required lateral.
B. 
The sewer charge will be based on a sewer unit, and said units are described as follows:
(1) 
Each dwelling, single occupancy occupied or unoccupied: one unit.
(2) 
Each apartment, occupied or unoccupied: one unit. (Note: An "apartment" is defined as living quarters with a separate sink or lavatory or toilet facility.)
(a) 
When a property owner wishes a change in the number of sewer rental units, he/she must first change the classification of the property. For example, if a person owns a two-family home and reports that he/she is no longer renting one of the apartments, before the sewer units can be changed a new certificate of occupancy must be issued by the Code Enforcement Officer. The owner must also fill out a building permit application for a change of use and have it reviewed, signed and dated by both the Chairman or Deputy Chairman of the Zoning Board and by the Town of Galen Assessor. When the permit application is signed by both officials and returned to the Village Office with the new certificate of occupancy, then and in such events, the change will become effective upon receiving all such documents. If such documents are received by the Village Clerk on or before the 15th of the month, the charge shall be modified for that entire month, and if received after the 15th of the month, the charge will not be modified until the following month.
(b) 
The issuance of any new certificate of occupancy will adversely affect the classification of the property and will be deemed an immediate loss of such use.
(3) 
Dwellings, incorporating professional or business offices, commercial operations for each operation with separate water facility: one unit.
(4) 
Tourist homes, rooming houses. For every five rooms or fraction thereof rented or available for rent: one unit.
(5) 
Hotels, motels. For every five rooms or fractions thereof offered for occupancy: one unit. For each full-time occupancy by owner, manager or employee: one unit.
(6) 
Each parsonage, rectory, convent or building or part of building used by religious, fraternal, civic or governmental organization: one unit. (NOTE: Main church buildings are to be exempt from sewer rental charges.)
(7) 
Public and parochial schools, for every five students and employees, excluding bus drivers: one unit. (NOTE: The count on schools is to be recorded as of September 15 of each year and shall be applicable for a twelve-month period.)
(8) 
Industrial plants, commercial operations, professional or business offices employing five or more employees or fraction thereof: one unit.
(a) 
Surcharge for extra water, up to 80,000 gallons per quarter. For each additional 1,000 gallons or fraction thereof $0.50: one unit.
(b) 
Unit charges will be on the basis of employee count or water usage, whichever is greater.
C. 
If such sewer rents be not paid within 20 days after they have become due and payable as set forth in this chapter, a penalty in the sum of 10% of the original bill shall be added thereto.
No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the municipal sewage works. Any person violating this provision shall be subject to immediate arrest under the charge of disorderly conduct.
The Superintendent of Public Works or any other duly authorized officials of the Village bearing proper credentials and identification shall be permitted to enter upon all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter.
A. 
Any person found to be violating any provision of this chapter shall be served by the Village with a written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B. 
A violation of this chapter beyond the time limit provided in § 144-14 of the Municipal Code shall constitute disorderly conduct and a person violating this chapter shall be a disorderly person subject to arrest, prosecution and punishment as provided by § 144-36 of the Municipal Code. The penalty for each violation of this chapter shall be and is hereby fixed in an amount not exceeding $250 or imprisonment for not more than 15 days for each violation, and the costs of the proceeding. Each day in which any such violation shall continue shall be deemed a separate offense.
[Amended 9-22-2010 by L.L. No. 1-2010]
C. 
Any person violating any of the provisions of this chapter shall become liable to the Village for any expense, loss, or damage occasioned by reason of such violation.
[Amended 9-22-2010 by L.L. No. 1-2010]
Pursuant to § 452 of the General Municipal Law, sewer rents shall be established by resolution of the Village Board. A resolution establishing and imposing sewer rents shall be adopted only after a public hearing upon five days' public notice.
[Amended 1-18-1990 by L.L. No. 1-1990; 2-25-2015 by L.L. No. 1-2015]
All sewer permit fees to the sanitary sewer after January 18, 1990, will be subject to the following charges:
Charge for new service: $500 plus all costs.