[Code 1964, § 22-23(1); L.L. No. 3-1985, § 1]
(a)
Pursuant to subdivision 26-a of section 20 of the General City Law
and article 14-F [§ 450 et seq.] of the General Municipal
Law, the city establishes a scale of sewer rents for the use of the
public sewers and imposes the rents as a charge on the real property
using the public sewers. The sewer rents shall be charged on all real
property using the public sewers of the city, whether or not the premises
are located within the city limits.
(b)
Where, prior to the adoption of the local law from which this division
is derived, the city has entered into contracts with persons owning
property located outside the city for payment for use of the city
sewers, the contracts may continue in full force and effect until
the expiration of the contracts. Upon the expiration of the contracts,
the premises shall be charged for sewer rents in accordance with this
division.
[Code 1964, § 22-23(2); L.L. No. 3-1985, § 1; L.L. No. 2-1989, § 1]
(a)
Where premises are supplied with water by the city board of water
supply and the consumption is measured by meters, the sewer rent shall
be determined by ordinance of the common council.
(b)
Where the water supplied to the premises from whatever source is not metered by the board of water supply, the amount of water used at the premises shall be measured by whatever reasonable means as may be determined by the city engineer, and the sewer rent charge shall be at the rate set forth in subsection (a) of this section.
[Code 1964, § 22-23(3), (5); L.L. No. 3-1985, § 1]
(a)
The board of water supply shall collect the sewer rent in a manner
substantially the same as that presently used for the collection of
like charges for the Oneida County Sewer District or in such other
manner as may be agreed upon between the board of water supply and
the board of estimate and apportionment. The board of water supply
shall pay over to the city comptroller, on the 10th day of each month,
all of the sewer rents the board of water supply collected in the
previous month. The reasonable compensation to be paid by the city
to the board of water supply for billing and collection services shall
be as agreed upon between the board of water supply and the board
of estimate and apportionment. If the board of water supply and the
board of estimate and apportionment fail to agree on the amount of
such compensation on or before March 15, 1985, the amount of such
compensation shall be as fixed by local law.
(b)
Payment of the sewer rent shall be due when the bill for rent is
mailed. Payment shall be made within 20 days of the date on the bill
without penalty. If payment is made after the expiration of 20 days,
a penalty of 10% of the amount due shall be charged. The city may
enforce the collection of delinquent sewer rents pursuant to section
452 of the General Municipal Law.
[Code 1964, § 22-23(4); L.L. No. 3-1985, § 1; L.L. No. 4-1997, § 1, 11-19-1997]
Sewer rents shall be liens against real property to the extent
set forth in section 452 of the General Municipal Law. Provided however,
such lien shall be extinguished upon the conveyance of such premises
by the city, to the extent of all sewer rents which have accrued prior
to the date of such conveyance.
[Code 1964, § 22-23(6); L.L. No. 3-1985, § 1]
If any owner of real property on which a sewer rent has been
imposed is aggrieved because such property is not served by the sewer
system or an error has been made in computing or assessing such sewer
rent, the owner may file an application for a refund of all or part
of the sewer rent. The application shall be verified by the owner
and shall set forth the amount of refund sought and the grounds for
the refund. The application shall be presented to the city comptroller,
and the comptroller shall forward the application to the common council
with a recommendation in relation to the application. The common council
may, by a two-thirds vote, refund all or part of the sewer rent.
[Code 1964, § 22-23(7); L.L. No. 3-1985, § 1]
(a)
Pursuant to section 453 of the General Municipal Law, revenues derived
from sewer rents shall be credited to a special fund to be known as
the "Sewer Rent Fund." Disbursements from the fund shall be made pursuant
to section 453 of the General Municipal Law.
(b)
To the extent that revenues are received from the sewer rent which
exceed the amount appropriated for operation, maintenance and repair
of the sewer system in any given fiscal year, the excess revenues
shall be set aside in a reserve for bonded indebtedness unless otherwise
directed by ordinance.
[Code 1964, § 22-23(8); L.L. No. 3-1985, § 1]
None of the sewer rents shall be deemed a tax against any real
property within the city.
