[Adopted 11-14-2005 by L.L. No. 6-2005 (Ch. 63, Part 2, of the 1983 Code)]
There is hereby established a Sewer Rent Law for Kingsbury Sewer District No. 1 (hereinafter, the "District"), pursuant to Article 14-F of the General Municipal Law and the Municipal Home Rule Law of the State of New York, in order to pay costs for the District, including all costs for the operation, maintenance and repair of the sewer system.
As used in this Part 2, the following terms shall mean and include:
- INDUSTRIAL WASTE
- 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.
- NONRESIDENTIAL PROPERTY
- A building, structure or land use designed and occupied for any commercial activity or business use.
- OTHER WASTES
- Garbage, refuse, decayed wood, sawdust, shavings, bark, sand, lime, cinders, ashes, offal, oil, tar, dyestuff, acids, chemicals and all other discarded matter not sewage or industrial waste.
- All lateral sewers or all branch sewers or all interceptor sewers or all trunk sewers and sewage treatment and disposal works, and each part with necessary appurtenances, including sewage pumping stations.
- RESIDENTIAL PROPERTY
- A building, structure or land use designed and occupied exclusively as a human dwelling and upon and in which no commercial activity or business use is maintained unless such activity or use is deemed a "home occupation," as defined and as may be amended from time to time in the zoning laws of the Town.
- The water-carried human or animal wastes from residences, buildings, industrial establishments or other places, together with such groundwater infiltration and surface water as may be present. The admixture with sewage, as above defined, of industrial waste or other wastes, as hereafter defined, also shall be considered sewage.
- SEWER RENTS
- As established by the Town Board of the Town of Kingsbury for the respective sewer district identified herein.
- SEWER SYSTEM
- All sewer pipes and other appurtenances which are used or useful, in whole or in part, in connection with the collection, treatment and/or disposal of sewage, industrial waste and other wastes and which are owned, operated or maintained by the sewer district, including pumping stations and sewage treatment and disposal works and all extensions, additions and improvements which may be made to such system. Whenever the term "sewer system" is used herein, it shall refer to the District or all sewer districts as may be required by the context of the paragraph or section in which the word appears.
[Amended 2-11-2008 by L.L. No. 2-2008]
The annual charge for all occupied properties in Kingsbury Sewer District No. 1 shall be $4 per 1,000 gallons of water consumption, as indicated by the current water meter readings, billed on a quarterly basis.
For treatment of industrial wastes or other wastes as defined herein, if any additional treatment is required because of undue concentration of solids or any other substances which add to the operating costs, the Town Board is authorized to fix and determine such additional sewer rent charges therefor, as shall be equitable, in addition to the sewer rents set forth in the preceding section.
Sewer rents shall begin to occur as of January 1 each year for use in that year and shall be billed as early in the year as possible, but not later than May 1 of any year.
Where payable. All sewer rents shall be due and payable at the office of the Town Tax Collector.
Mailing of bills. Bills will be sent out to all property owners by the Town Tax Collector, and the failure of any property owner to receive a bill promptly shall not excuse nonpayment of the same, and in the event that the property owner fails to receive a bill promptly, he shall demand the same at the Town Tax Collector's office.
When due. Bills will be rendered at the net amount and will be due on the last business day of the calendar month in which rendered.
If bills are not paid by the last business day of the calendar month in which rendered, a penalty of 10% shall be added to each billing not paid, except that there shall not be assessed a penalty on a penalty until October 31 when said bills shall be turned over to Washington County for payment and assessed on taxes due the next year.
Sewer rents shall constitute a lien upon the real property served by the sewer system or such part or parts thereof for which sewer rents are hereby established and imposed. The lien shall be prior to and superior to every other lien or claim except the lien of an existing tax assessment or other lawful charge imposed by or for the state or a political subdivision or district thereof.
The Town Tax Collector shall annually, on or before the first day of November, certify the amounts of all unpaid sewer rents, including penalties, computed to the 31st day of October, with a description of the real property affected thereby and the name of the person in whose name such real property is assessed and shall present such certificate to the Town Board, which shall enter the same or an abstract thereof in the minutes of the meeting. The Town Board shall levy such amounts against the real property liable therefor as part of the annual Town tax levy, setting forth such amounts in separate columns in the annual tax roll. The sewer rent fund shall be credited with the amount of all such unpaid sewer rents, including penalties, and such amounts, when collected, shall be credited to the general fund. The amounts so levied shall be collected and enforced in the same manner and at the same time as other Town taxes.
Revenues derived from sewer rents, including penalties, shall be credited to a special fund for the sewer district, to be known as the "Kingsbury Sewer District No. 1 Sewer Rent Fund." Monies in such fund shall be used in the following order:
For the payment of the costs of operation, maintenance and repairs of the sewer system or such part or parts thereof for which sewer rents have been established and imposed.
For the payment of the interest on and amortization of, or payment of, indebtedness which has been or shall be incurred for the construction of sewage treatment and disposal works with necessary appurtenances, including pumping stations, or for the extension, enlargement, or replacement of, or addition to, such sewer system, or part or parts thereof.
For transportation charges imposed by any other municipality or entity for the transport of sewage via such other municipality's sewer mains, interceptors or lines.
Such revenues from sewer rents shall not be used:
To finance the cost of any extension or any part of a sewer system (other than any sewage treatment or disposal works with necessary appurtenances, including pumping stations) to serve unsewered areas if such part has been constructed wholly or partly at the expense of the real property especially benefitted; or
For the payment of the interest on, and the amortization or payment of, indebtedness which is to be paid in the first instance from assessments upon the benefitted real property.
This Part 2 shall take effect upon filing with the Secretary of State and compliance with the provisions of the New York State General Municipal Law and for all billing periods which begin on and after January 1, 2006.