[Adopted 12-27-1967 by L.L. No. 6-1967 (Ch. 54, Art. II, of the 1971 Code)]
[Amended 3-4-1991 by L.L. No. 2-1991]
As used in this article, the term "sewer system," for which sewer rents shall be established and imposed, shall mean and include all sewer pipes and other appurtenances which are used or useful in whole or in 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 of Baldwinsville, including sewage pumping stations.
Pursuant to Article 14-F of the General Municipal Law, the Village of Baldwinsville hereby establishes sewer rents for use of the sewer system and imposes such sewer rents as a charge on the real property within the Village of Baldwinsville using such sewer system.
[Amended 6-15-1970 by L.L. No. 2-1970; 2-7-1983 by L.L. No. 1-1983; 1-5-1987 by L.L. No. 1-1987; 3-4-1991 by L.L. No. 2-1991; 1-19-1994 by L.L. No. 1-1994; 5-20-2004 by L.L. No. 9-2004]
Such sewer rents shall be based on the water supplied by the Village of Baldwinsville to any such real property as measured by the amount charged for such water, except as otherwise provided by § 261-51. Such sewer rates for residential, commercial, business and institutional properties and all properties other than industrial properties, including food markets and bakeries, shall be stated and fixed in a schedule of rates to be established, approved and amended from time to time by resolution of the Board of Trustees of the Village of Baldwinsville.
In the case of a user of the sewer system who discharges into the sewer system an amount of sewage substantially greater than the amount of water supplied directly by the Village of Baldwinsville to such user or if water is obtained by such user from a source other than the Village of Baldwinsville, then the amount of sewage discharged into the sewer system, at the option of the Board of Trustees, shall be determined by a sewage meter, gauge or other suitable measuring device installed at the cost of such user and acceptable to the Board of Trustees, and the amount of the sewer rent shall be computed in the same manner and at the same rate as if the same amount of water had been supplied directly by the Village of Baldwinsville as the amount of such sewage discharged or on a lump sum basis, as determined by the Board of Trustees. If sewer service is available for less than a period of time for which water service is billed, then the amount due for such sewer rents may be estimated and prorated for the time which such sewer service is available.
Users who contribute sewage and/or industrial wastes to the sewer system of a strength and character such that the provisions of Chapter 261, Article I, Sewer Use, are violated shall be subject to a surcharge in their sewer rent. Such surcharge shall be determined by the Board of Trustees and shall remain in effect until the specific violation of Article I, Sewer Use, ceases.
Sewer rents shall be liens against the real property served by the sewer system within the Village of Baldwinsville, in the manner and to the extent set forth in § 452 of the General Municipal Law.
[Amended 1-15-1996 by L.L. No. 2-1996]
The Village of Baldwinsville may enforce collection of delinquent sewer rents as provided in law. A five-percent penalty shall be added to the amount of a delinquent sewer rent for each quarter of a year, or part thereof, that said amount is delinquent.
Revenues derived from sewer rents shall be credited to a special fund, to be known as the "Sewer Rent Fund," pursuant to § 453 of the General Municipal Law, and moneys in such fund shall be used only pursuant to such section.