Unpaid user fees, including interest, costs, administrative
and legal expenses and collection charges incurred, shall be the personal
liability of the owner and shall also be a lien upon the real property
in connection with which solid waste collection is offered as and
from the due date for services billed and to be offered in the fiscal
year commencing on that date. Notwithstanding any ordinance or local
law to the contrary, this lien shall be superior to any and all other
liens, excepting those for general taxes and local assessments, which
lien can be enforced by foreclosure proceedings instituted at the
expiration of one year from the date of the creation of the lien,
in addition to and notwithstanding any and all other remedies available
to the City for the collection of unpaid user fee bills.
The Comptroller shall establish and maintain a separate fund
to record and report the financial activity related to the public
collection and disposal by the City by of refuse, recyclable and other
solid waste material as designated by the Commissioner and shall be
known as the "Special Revenue Fund." This fund shall be maintained
on the same fiscal year as that of the City. Notwithstanding any other
law to the contrary, the fees, charges, late fees, interest and other
costs and disbursements charged and collected pertaining to public
collection of solid waste shall be paid into the Special Revenue Fund.
[Amended 7-19-2016]
This chapter shall take effect upon its filing with the Secretary
of State or August 1, 2014, whichever is later.