Village of Fonda, NY
Montgomery County
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[Adopted 3-10-2014 by L.L. No. 2-2014]
As used in this article, the following terms shall have the meanings indicated:
The rent, rate or charge imposed or levied by the Village of Fonda for the use of the sanitary sewer system or any part or parts thereof.
The sewer system owned and operated by the Village of Fonda and the proportionate share of any treatment plant and disposal works sewer pipes and all other appurtenances which are used or useful, in whole or in part, in connection with the collection, treatment or disposal of sewage, industrial wastes and other waste and all extensions, additions and improvements which may be made to such system.
All revenues imposed hereunder, together with all interest and penalties thereon, shall be kept in a separate fund to be known as the "Sewer Rent Fund."
For the service rendered by the sewer system to the owners of real property within the corporate limits of the Village and to other users connected with and served by the sewer system, and for the payment of the cost of construction, operation, maintenance and repair of said system as hereinbefore defined, there is hereby established a scale of sewer rents based upon:
The metered use of Village water at the rates heretofore established by the Village Board of Trustees times the multiplier factor of 5.75.
From time to time when necessary, revise a schedule of sewer rents and charges which shall be such that the revenues derived therefrom will at all times be adequate but not in excess of amounts reasonably necessary to pay all reasonable expenses of the operation and maintenance of the sewer system, including reserves to make any necessary or appropriate replacements, extensions or improvements to the sewer system and to pay punctually the principal and interest on any bonds, and shall give such public notice of such change as the Village Board of Trustees has deemed to be proper.
From time to time when necessary, change the unit classification and/or basis for determination of sewer rent for properties served as it may deem advisable or appear necessary to achieve a more equitable basis for determining the costs to the property owners for the use of the sewer system, and shall publish such public notice of such change as the Village Board of Trustees has deemed to be proper.
Sewer rates shall be due and payable at the office of the Village Clerk on the first day of April and October in each year. If bills are not paid within a period of 60 days from the date such bill is due, a penalty in an amount equivalent to 5% of the amount of the bill will be added to the amount due.
While bills will be delivered or mailed by the Village Clerk, the failure of any owner or other user to receive a bill promptly shall not excuse nonpayment of the same when due as herein proved, and, in the event that the owner or other user fails to receive a bill promptly, he shall obtain the same at the office of the Village Clerk.
The Village Clerk or other person authorized by the Board of Trustees shall keep a record of all owners of real property within the Village of Fonda and bills shall be mailed to the owners of such property at the same address to which Village tax bills are mailed unless the owner of the property shall direct the Village, in writing, on forms which can be obtained from the Village Clerks office, to mail such bills to him or to his agent at any other address. If bills for sewer rents and charges are mailed to a person other than such owner and such bills are not paid, such owner shall nevertheless be liable for the payment of all sewer rents and charges, including penalties and interest.
If sewer rents or charges are not paid within 60 days from the date on which they are due, the Board of Trustees may cause a notice to be delivered or mailed to the owner, addressed as provided for in the Subsection C above, and to the occupant of the premises addressed at the premises stating the amount due and demanding payment thereof within a period of at least 10 days of the date of the notice and stating that if such payment is not made, the water service or the sewer service or both shall be discontinued without further notice, and, at the expiration of such period, the Board of Trustees or the duly designated employees or officers of the Village may enter on said premises and cause the water service or the sewer service, or both, to be disconnected and discontinued. A charge of $30 for reconnecting each of such services on account of nonpayment of sewer rents the collection of which charge or charges shall be made and shall be enforceable in the same manner as sewer rents.
A separate charge shall be made and a separate bill shall be rendered for each water meter when there is more than one such meter on any one property or structure. Each unit for which there is a separate water or sewage meter shall be deemed to be a separate sewer service account and will be billed separately even if there be but one sewer connection with the structure or property in which said unit is located.
The minimum charge for sewer rentals established by this article shall be charged even if the property is unoccupied and no consumption of water is shown on the water meter or if no sewage is discharged into the sewer system.
A charge of $30 will be made whenever any water service is disconnected or reconnected because of nonpayment of sewer rent or other charges relating to the use of the sewer system.
Notwithstanding any other provision of this article, to the contrary, sewer rents pursuant to this article shall not be imposed upon nor collected from any industrial user with which the Village has in effect a contractual arrangement for the payment to the Village by such industrial user of the fair allocable share of the cost of the amortization operation and maintenance of the sewer system.
The Board of Trustees may bring an action as upon a contract to collect sewer rents in arrears, including any penalties and interest, which may from time to time be adopted from any owner or occupant served by the sewer system or from any other user of said system.
Sewer rents shall constitute a lien upon the real property served by the sewer system, and such lien shall have such priority over and superiority to every other lien or claim as is permitted by law.
The collection of such sewer rents and the enforcement of any such lien shall be in accordance with the statutes pertaining to such collection and enforcement.
Any costs and expenses or other charges incurred by the Village of Fonda because of any repair or other work to the sewer system or otherwise for which the owner of any property served by or connected with the sewer system is obligated under this article or any other ordinance statue or provision of law shall be collected in the manner provided for the collection of sewer rents in this section and shall be a lien upon the property and enforceable in accordance with the provisions of this article.
Any duly authorized officer, employee, contractor or agent of the Village or other person duly authorized by the Village shall be permitted to enter on any property at a reasonable hour for the purpose of reading meters, inspecting, disconnecting, repairing, or for any other purposes reasonably necessary to carry out the provisions of this article.