[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.]
[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; 7-20-2022 by L.L. No. 4-2022]
Effective July 20, 2022, and to be reflected starting in the
billing for September 1, 2022, a quarterly charge of $94 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.
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.
