[Adopted 8-20-1973 as Subpart L of Part I of the 1973 Code]
As used in this Part 1, the following terms
shall have the meanings indicated:
Includes any liquid, gaseous, solid or other waste substance
or a combination thereof resulting from any process of industry, manufacturing,
trade or business or from the development or recovery of any natural
resources.
Water, other than sewage, that enters a sewage collection
system (including sewer service connections) from the ground through
such means as defective pipes, pipe joints, connection, or manholes.
Infiltration does not include, and is distinguished from, inflow.
[Added 8-7-2012 by L.L. No. 6-2012]
The total quantity of water from both infiltration and inflow,
without distinguishing the source.
[Added 8-7-2012 by L.L. No. 6-2012]
Water, other than sewage, that enters a sewage collection
system (including sewer service connections) from sources such as
roof leaders, cellar drains, sump pumps, missing or defective cleanout
caps, swimming pools, yard drains, area drains, foundation drains,
drains from springs and swampy areas, manhole covers, cross connections
between stonnwater sewers and sanitary sewers, catch basins, cooling
towers, stormwaters, surface runoff, street wash waters, or drainage.
Inflow does not include, and is distinguished from, infiltration.
[Added 8-7-2012 by L.L. No. 6-2012]
Includes garbage, refuse, decayed wood, sawdust, shavings,
bark, sand, lime, cinders, ashes, offal, oil, tar, dyestuffs, acids,
chemicals and all other discarded matter not sewage or industrial
waste.
As used in relation to the term "sewer system," includes
all lateral sewers or all branch sewers or all interceptor sewers
or all trunk sewers and any sewage treatment and disposal works, each
"part" with necessary appurtenances, including sewage pumping stations.
The water-carried domestic human or animal waste, together
with industrial and commercial waste, from residences, buildings,
industrial, and commercial establishments or other places. Neither
infiltration or inflow are components of "sewage."
[Amended 8-7-2012 by L.L. No. 6-2012]
Includes all sewer pipes and other appurtenances which are
used or useful in whole or part in connection with the collection,
treatment or disposal of sewage, industrial waste and other wastes
and which are owned, operated or maintained by the village individually
or jointly with the City of Binghamton, New York, or other additional
municipalities, including sewage pumping stations and sewage treatment
and disposal works.
The Village of Johnson City.
The Village Engineer of the Village of Johnson City.
The Village Treasurer of the Village of Johnson City.
The composite of all flow constituents conveyed in a sewer
including sewage and infiltration and inflow.
[Added 8-7-2012 by L.L. No. 6-2012]
A.Â
Pursuant to Article 14-F, § 452, of the General
Municipal Law, the Village hereby establishes and imposes sewer rents
in the Village for the use of the sewer system or any part or parts
thereof and establishes and imposes such sewer rents as an annual
charge on the real property within the Village using such sewer system.
B.Â
Such sewer rents shall be computed in the following
manner: the first 1,000 cubic feet or less, minimum $50; all over
1,000 cubic feet, $5.25 per 100 cubic feet of water supplied; provided,
however, that in the case of consumers of water who discharge into
the sewer system an amount of sewage substantially less than or substantially
greater than the amount of water supplied to such consumer, the amounts
of the sewage discharged into the sewer system shall be determined
by meters, gauges or other suitable measuring devices acceptable to
the Village designee and installed by such consumer at the consumer's
expense and at no cost or expense to the Village of Johnson City,
and the sewer rent thereon shall be computed as follows: the first
1,000 cubic feet or less, minimum $50; all over 1,000 cubic feet,
$5.25 per 100 cubic feet of sewage discharged into the sewer system.
The Village designee may require the owner of any real property in
the Village to install a meter, gauge or other suitable measuring
device which is acceptable to the Village designee and installed at
the consumer's expense and at no cost or expense to the Village
of Johnson City; provided, however, that any determination of the
Village designee is subject to review and modification by a court
of competent jurisdiction.
[Amended 1-18-1971 by L.L. No. 1-1971; 5-5-1975 by L.L. No.
10-1975; 3-22-1983 by L.L. No. 2-1983; 12-29-1986 by L.L. No.
13-1986; 5-18-1991 by L.L. No, 4-1991; 6-2-1992 by L.L. No.
5-1992; 5 -27-1997 by L.L. No. 4-1997; 5-24-2005 by L.L. No. 2-2005; 7-21-2009 by L.L. No. 3-2009; 7-19-2011 by L.L. No.
7-2011; 5-22-2012 by L.L. No. 3-2012; 4-15-2014 by L.L. No. 4-2014; 5-15-2018 by L.L. No. 8-2018]
C.Â
Any owner of real property in the Village who claims to be unable
to install a meter, gauge or other suitable measuring device may submit
to the Board of Trustees a written application requesting that the
Board of Trustees grant to said owner a specified extension of time
within which to install such meter, gauge or other suitable measuring
device. In the event that the Board of Trustees shall grant such specified
extension of time, such owner shall install a meter, gauge or other
suitable measuring device on or before the date fixed and prescribed
therefore by the Board of Trustees. Prior to such installation, the
Village designee shall estimate the amount of sewage discharged by
such owner into the sewer system. Such estimate by the Village designee
shall be submitted to the Board of Trustees for its approval or modification,
and the decision of the Board of Trustees with respect thereto shall
be binding and final unless modified by a court of competent jurisdiction
following any review thereof permitted by law. Such owner shall thereupon,
prior to the aforementioned installation of a meter, gauge or other
suitable measuring device, pay sewer rents computed at the rate of
the first 1,000 cubic feet or less, minimum $50; all over 1,000 cubic
feet, $5.25 per 100 cubic feet of estimated sewage discharged into
the sewer system, and the decision of the Board of Trustees with respect
to the amount thereof shall be binding and final unless modified by
a court of competent jurisdiction following any review thereof permitted
by law. Such sewer rents computed at the rate of the first 1,000 cubic
feet or less, minimum $50; all over 1,000 cubic feet, $5.25 per 100
cubic feet of estimated sewage discharged into the sewer system, shall
be due and payable at such time as the Board of Trustees shall fix
and prescribe therefore. In the case of real property in which water
is used exclusively for residential purposes, however, the owner of
such real property shall, prior to the installation of a meter, gauge
or other suitable measuring device, pay sewer rents in the amount
of $200 per year for each dwelling unit.
[Amended 1-18-1971 by L.L. No. 1-1971; 5-5-1975 by L.L. No. 10-1975; 10-18-1976 by L.L. No. 5-1976; 3-22-1983 by L.L. No. 2-1983; 12-29-1986 by L.L.
No. 13-1986; 5-18-1991 by L.L. No. 4-1991; 6-2-1992 by L.L. No. 5-1992; 5-27-1997 by L.L. No. 4-1997; 5-24-2005 by L.L. No. 2-2005; 7-21-2009 by L.L. No. 3-2009; 7-19-2011 by L.L. No. 7-2011; 5-22-2012 by L.L. No. 3-2012; 4-15-2014 by L.L. No. 4-2014; 5-15-2018 by L.L. No. 8-2018]
D.Â
Any owner of real property in the village who fails to submit to the Board of Trustees a written application requesting that the Board of Trustees grant to such owner a specified extension of time within which to install a meter, gauge or other suitable measuring device and any owner of real property in the village whose written application is denied by the Board of Trustees shall pay sewer rents computed in the manner set forth in Subsection B of this section.[1]
[1]
Editor's Note: Former Subsection B, regarding
a minimum sewer rent, which immediately followed this subsection,
was repealed 5-27-1997 by L.L. No. 4-1997.
E.Â
All fees in this section shall remain in effect until June 30, 2019.
Thereafter the fees can be increased or decreased by action of the
Village Board from time to time.
[Added 12-4-2018 by L.L.
No. 18-2018]
[Amended 3-16-1970 by L.L. No. 1-1970; 2-23-1981 by L.L. No. 5-1981; 12-21-1993 by L.L. No.
1-1993]
A.Â
Sewer rents shall be due and payable on the second
day of January in each year and on the first day of April, July and
October in each year and may be paid to the Village Treasurer within
a period of 30 days after they are due and payable without any penalty.
Such sewer rents due and payable on the second day of January shall
be for and relate to the three-month period immediately preceding
such second day of January, and such sewer rents due and payable on
the first day of April, July and October shall be for and relate to
the three-month period immediately following the second day of January
which immediately precedes such first day of April, July and October.
B.Â
Any sewer rent which is not paid within the grace period set forth therefor in Subsection A of this section shall be deemed delinquent, and 12% additional fee shall be added and collected. Such sewer rent together with the additional fee shall be payable on or before the 30th day of April in any year. On and after the 30th day of April in any year, all unpaid sewer rents together with penalties shall be certified by the collecting officer to the Village Clerk and levied against the real estate as a part of the annual Village tax levy, in accordance with General Municipal Law § 452.
Sewer rents shall constitute a lien upon the
real property served by the sewer system to the extent set forth in
Article 14-F, § 452, of the General Municipal Law.
The Village may enforce the collection of delinquent
sewer rents pursuant to Article 14-F, § 452, of the General
Municipal Law.
[Amended 12-21-1993 by L.L. No. 1-1993]
If any owner of real property on which a sewer
rent has been imposed deems himself or herself aggrieved because such
real property is not served by the sewer system or an error has been
made in computing such sewer rent, he or she may file an application
for a refund of all or part of such sewer rent. Such application shall
be verified by him or her and shall set forth the amount of refund
sought and the grounds therefor. Such application shall be presented
to the Village Treasurer, and he or she shall forward such application
to the Board of Trustees with his or her recommendations in relation
thereto. The Board of Trustees may refund all or part of such sewer
rent.
