[HISTORY: Adopted by the Board of Trustees
of the Village of Harriman as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-22-1987 as L.L. No. 9-1987]
The specific purpose and intent of this article
is that the Village Board of Trustees shall have the ability to retain
professional consultants on its behalf to advise the Village Board
of Trustees in regard to various applications pending before it. It
is only appropriate that the applicant should pay the fee for any
professional consultants hired by the Village Board of Trustees to
advise the Village Board of Trustees concerning the application.
A.
At the time an applicant comes before the Village
Board of Trustees, the Village Board, in conjunction with the Village
Consulting Engineer and Village Attorney, shall determine whether
or not it is advisable for the Board to retain a professional consultant.
If it is determined that it is necessary for the Village Board to
retain a professional consultant, then the matter shall be adjourned
until the following next scheduled meeting of the Board of Trustees.
At that time, the Village Consulting Engineer and/or the Village Attorney
shall report to the Village Board in regard to the cost estimates
for the professional consultant and their recommendation of who should
be retained as a professional consultant on behalf of the Board. If
the applicant is in agreement as to the amount of the professional
consultant's fee, the Board shall, by resolution, vote to retain that
professional consultant on behalf of the Board and to advise the Board
in regard to the application. Within five days of the Board's resolution,
the applicant shall deposit with the Planning Board Secretary the
estimated professional consultant's fees.
B.
In the event that the entire fee is not utilized by
the professional consultant, the balance shall be returned to the
applicant.
C.
The Board shall not take final action on the application
until the professional consultant's fee is paid in full.
In addition, the applicant shall reimburse the
Village for the Village Consulting Engineer fees and Village Attorney
fees.
[Adopted 5-25-1995 as L.L. No. 2-1995]
The Village Board does hereby establish a comprehensive
schedule of fees to be paid to the Village of Harriman upon the filing
of certain applications for permits or other certificates for activities
taken or approved by the Village Board, Planning Board, Zoning Board
of Appeals, Code Enforcement Officer, Village Engineer and Village
Clerk.
[Amended 4-11-2001 by L.L. No. 3-2001]
The fees payable to the Village of Harriman
upon the happening of the following events are as follows:
A.
Building Department.
[Amended 10-10-2006 by L.L. No. 5-2006; 3-12-2013 by L.L. No. 4-2013; 10-18-2016 by L.L. No. 4-2016]
(1)
Building permits. The fee will be based on the actual cost of construction, including materials and labor, for any building or structure (including accessory structures) for which a building permit is required under § 78-4 of the Village Code. No permit will be issued until the applicable fee is paid in full.
(a)
For any building or structure for which cost/value is $10,000
or less: $200.
[Amended 6-11-2019 by L.L. No. 8-2019; 9-12-2023 by L.L. No. 4-2023]
(b)
For any building or structure for which the cost exceeds $10,000:
$200 (for the first $10,000) plus $20 per $1,000 (above $10,000),
plus excess or extraordinary consulting fees incurred by the Village.
[Amended 6-11-2019 by L.L. No. 8-2019; 9-12-2023 by L.L. No. 4-2023]
(c)
Accessory pools, aboveground and in-ground: same as Subsection A(1)(b) with associated decks and/or fencing included.
(d)
Sign permit: $50. (A permit is not required to reface an existing
sign where there is no change to the location, size or structure of
the sign.)
(e)
Fence permit: $100 plus $9 per $1,000 for fence costs exceeding
$10,000.
[Amended 6-11-2019 by L.L. No. 8-2019]
(f)
Propane/LP or fuel oil tank installation or removal (except
commercial dispensing stations): $100 flat fee.
[Amended 6-14-2022 by L.L. No. 7-2022]
(g)
Heating equipment replacement with change in fuel type: $90
flat fee.
(2)
Extension/renewal of building permit: $100. Valid for six months
from date of issue. Additional renewals, at the discretion of the
Code Enforcement Officer, shall be calculated based on construction
costs, with reduction for work already completed.
[Amended 9-12-2023 by L.L. No. 4-2023]
(3)
Demolition permit: $100. Valid for 30 days from commencement of actual
demolition site activity. Renewable for additional thirty-day periods
at a rate of $50 for each thirty-day period.
[Amended 9-12-2023 by L.L. No. 4-2023]
(5)
Temporary mobile home or mobile office permit: $100 per twelve-month
period.
(6)
Certificate of occupancy: included in permit application fee.
(7)
Certificate of compliance: included in permit application fee.
(8)
Violation search for residential or commercial properties: $250,
including copy of CO or predate letter and street report.
[Amended 6-11-2019 by L.L. No. 8-2019; 9-12-2023 by L.L. No. 4-2023]
(9)
Zoning designation letter: $25.
(10)
Percolation test: actual engineering fees incurred by the Village
and administered by Trust & Agency Account.
(11)
Issuance of a certificate of occupancy (preexisting structure): $75.
(12)
Determination of property location (floodplain certification): $50.
(13)
Floodplain development permit: $250, plus $500 maximum escrow deposit.
[Amended 6-11-2019 by L.L. No. 8-2019]
(14)
Stormwater management permit (except when reviewed by the Planning
Board): $200, plus $500 maximum escrow deposit.
(16)
Periodic inspections:
[Amended 6-14-2022 by L.L. No. 7-2022]
(a)
Operational permit: $25.
(b)
Residential rental registration (includes fire safety inspection):
$50 per dwelling unit.
(c)
Firesafety inspection:
[1]
Residence: $50 per dwelling unit.
[2]
Mixed use: $50 per dwelling unit plus $50 per commercial unit.
[3]
Commercial: $50 per commercial unit plus $10 per 10,000 square
feet of floor area (where area exceeds 10,000 square feet).
[4]
Hotel/motel: $50 plus $5 per sleeping unit/room.
[5]
Because fire safety inspection fees for rental residences are included as part of the initial and annual registration fees, additional fire safety inspection fees for rental residences referred to in § 74-5A(16)(c)[1] and [2] will be assessed only for inspections conducted under § 78-11B of the Village Code.
B.
Consulting services (to be administered by Trust &
Agency Account): The applicant shall be responsible for actual costs
incurred.
[Amended 7-8-2003 by L.L. No. 2-2003]
C.
Zoning Board of Appeals.
(1)
Applications.
[Amended 3-12-2013 by L.L. No. 4-2013]
(a)
(b)
From
the effective date of this Code change, fees may be changed and set
at the annual organizational meeting, provided any proposed increases
are published 20 days prior to the meeting.
(2)
Each applicant shall be responsible for all fees for
publication of notices, not limited to but including public hearing.
Fees for same shall be paid by the applicant to the Zoning Board of
Appeals Secretary within 10 days of the publication of the public
hearing notice.
[Added 8-9-2005 by L.L. No. 2-2005;
amended 11-10-2015 by L.L. No.
5-2015]
D.
Parkland fees pursuant to Village Law: $3,000 for
each:
[Amended 8-9-2005 by L.L. No. 2-2005; 10-18-2016 by L.L. No. 4-2016; 6-11-2019 by L.L. No.
8-2019]
E.
Application for peddling and solicitation license.
[Amended 11-10-2015 by L.L. No. 5-2015; 2-11-2020 by L.L. No. 3-2020]
(1)
Three hundred dollars for every ninety-day period,
or part thereof.
F.
Application for Village highway curb cut permit: a
maximum fee of $200 or such lesser fee as may be established and authorized
by the Village Board in consultation with the DPW Highway Superintendent,
plus an inspection escrow deposit and a performance bond in amounts
approved by the DPW Superintendent.
[Amended 3-12-2013 by L.L. No. 4-2013; 10-18-2016 by L.L. No. 4-2016]
G.
Fees for certain actions before the Planning Board
or Zoning Board of Appeals.
[Amended 7-8-2003 by L.L. No. 2-2003; 6-22-2004 by L.L. No. 4-2004; 8-9-2005 by L.L. No. 2-2005; 3-12-2013 by L.L. No. 4-2013; 9-9-2014 by L.L. No. 5-2014]
(1)
Application
fee; escrow.
[Amended 11-10-2015 by L.L. No. 5-2015]
(a)
Where applicable, upon submission of an application
fee to the Village of Harriman Planning Board or Village of Harriman
Zoning Board of Appeals, for an action or approval, the applicant
shall deposit with the Planning Board Secretary an application, fee
of $150 and an escrow to defray the costs incurred by the Village
for all consultant services, including, but not limited to, engineering,
planning and legal as well as clerical costs incurred in the processing
and reviewing of such application. Escrow account to be in a minimum
sum of $1,500, unless a lesser sum is specified and approved by the
Village Board. Each applicant shall be responsible for all fees for
the publication of public hearing notices. Fees for same shall be
paid by the applicant to the Planning Board Secretary within 10 days
of the publication of the public hearing notice. Plans must be submitted
to the Planning Board Secretary in paper and digital format. Applications
must be received 10 business days prior to the Board’s scheduled
meeting, and 10 paper copies must be submitted.
(b)
A
preapplication meeting can be scheduled at the discretion of the Planning
Board chairman, provided that the preapplicant deposits sufficient
funds in escrow to defray the cost of professional management. The
determination of funds shall be made by the Planning Board on a case-by-case
basis based upon such factors including, but not limited to, the estimated
costs of professional services necessary to properly advise the preapplicant.
(2)
Where applicable, the Village of Harriman Planning
Board or Zoning Board of Appeals shall compute the initial escrow
charge in accordance with the following schedule:
(a)
Residential subdivisions: $200 per lot.
(b)
Commercial subdivisions: $500 per lot for each
lot up to five lots and $250 per lot for each lot over five lots.
(c)
Multifamily residential site plans and special
permits: $200 per unit.
(d)
Commercial and other nonresidential site plans
and special permits, variances, interpretations or appeals: $2,000,
plus $50 per 1,000 square feet of building floor area or part thereof.
(f)
Inspection fee for subdivisions: 4% of amount
of performance bond.
(g)
Engineering inspection: 6% of performance bond
or estimated cost of construction, surplus to be returned to applicant
or deficiency to be paid by the applicant.
(3)
Planning review fee deposits shall be made to the
Planning Board Secretary and shall be placed in a separate account
by the Village of Harriman.
[Amended 11-10-2015 by L.L. No. 5-2015]
(4)
No review shall be undertaken by the consultants,
or the matter scheduled before the Planning Board, until the escrow
account and all fees as set forth herein are paid.
(5)
If the escrow account falls below 25% of the initial
deposit, the Planning Board may, if recommended by the consulting
engineer, planner or Attorney, require that the applicant pay additional
funds into the escrow account up to 100% of the initial deposit.
(6)
In the event that an applicant shall withdraw his
application at any stage of the proceedings or when the application
review and approval process has been completed, the balance of funds
in the applicant's account, shall be either remitted to the applicant
within 60 days of final action by the Planning Board or, if so directed
by the applicant, shall remain on deposit as the applicant's initial
payment during the post-approval inspection requirements.
(7)
The applicant shall be responsible for all the foregoing
fees, notwithstanding that the escrow account may be insufficient
to pay for said fees or expenses.
(8)
In the event that the Planning Board, in the course of reviewing an application, determines that the proposed action requires a positive declaration under SEQRA, all costs incurred by the Board for the review of any environmental impact statements, whether of a professional or clerical nature, shall be borne by the applicant pursuant to 6 NYCRR 617.8(a). Such costs shall be covered by an escrow account established pursuant to this section within 30 days of said positive declaration, in an amount as set forth in Subsection G(2) above.
(9)
All applicants with matters pending before the Planning Board as of the effective date of this Subsection G shall be required to post an escrow in the manner and upon the terms and conditions set forth below:
(a)
The Planning Board, in consultation with the applicant, shall compute the amount of the escrow to be posted with the Village. Such amounts shall be reasonably related to the costs attendant to the Village's review of the application as of the effective date of this Subsection G. Under no circumstances shall the escrow include amounts attributable to any costs incurred by the Village prior to the effective date of this Subsection G.
(b)
Once computed and established by resolution
of the Planning Board, the applicant shall, within 15 days of said
resolution, post the escrow fees with the Planning Board Secretary.
Failure to deliver said escrow fees may result in delay of the further
processing of the application.
[Amended 11-10-2015 by L.L. No. 5-2015]
(10)
A maximum of five-percent service fee may be charged
by the Village to defray the cost of maintenance and operation of
escrow accounts held to secure performance of obligations of a depositor.
Said fee shall not be imposed upon letters of credit or other forms
of surety acceptable to the Village which do not require handling
by the Village Treasurer.
[Amended 11-10-2015 by L.L. No. 5-2015; 9-12-2023 by L.L. No. 4-2023]
H.
Upon approval of a subdivision or site plan, the following
fees shall be due prior to the stamping of the plat:
(1)
Residential subdivisions: $250 per lot.
[Amended 9-12-2023 by L.L. No. 4-2023]
(2)
Commercial subdivisions: $1,000 per lot for each lot
up to five lots and $500 per lot for each lot over five lots.
[Amended 9-12-2023 by L.L. No. 4-2023]
(3)
Multifamily residential site plans and special permits:
$250 per unit.
[Amended 9-12-2023 by L.L. No. 4-2023]
I.
Water fees, rates and billing.
(1)
Fees.
[Amended 4-11-2001, effective 5-1-2001]
(a)
Tapping fees. The tap is the responsibility
of the applicant. The Village may perform the three-fourths-inch and
one-inch tap at the discretion of the DPW Superintendent.
[Amended 10-18-2016 by L.L. No. 4-2016; 2-11-2020 by L.L. No. 2-2020]
|
Inside Village
| |
|---|---|
|
Tap Size
(inches)
|
Fee
|
|
3/4
|
$500.00
|
|
1
|
$750.00
|
|
2
|
$3,400.00
|
|
4
|
$4,300.00
|
|
6
|
$5,100.00
|
|
8
|
$6,800.00
|
|
10
|
$8,500.00
|
|
12
|
$10,200.00
|
|
Outside Village
| |
|---|---|
|
Tap Size
(inches)
|
Fee
|
|
3/4
|
$1,000.00
|
|
1
|
$1,500.00
|
|
2
|
$10,000.00
|
|
4
|
$12,500.00
|
|
6
|
$15,000.00
|
|
8
|
$20,000.00
|
|
10
|
$25,500.00
|
|
12
|
$30,500.00
|
(b)
A loop system (connection to Village of Harriman
water mains at two points) shall be charged the average of said mains
if different in size.
(2)
Service charges.
(a)
Service charges shall be as follows:
[Amended 6-8-2004 by L.L. No. 3-2004; 8-9-2005 by L.L. No.
2-2005; 10-10-2006 by L.L. No. 5-2006; 3-12-2013 by L.L. No.
4-2013; 12-11-2013 by L.L. No. 6-2013; 11-10-2015 by L.L. No. 5-2015; 10-18-2016 by L.L. No. 4-2016; 6-11-2019 by L.L. No. 8-2019]
|
Service
|
Fee
|
|---|---|
|
Discontinuance of service. The fee for discontinuance
of service shall be incurred at the time a public works employee is
dispatched to the property to turn off the water service and shall
be nonrefundable, whether or not service is discontinued.
|
$50*
|
|
Restoration of service
|
$50*
|
|
Special meter reading
|
$50*
|
|
Repair and/or replace meter
|
Cost of repair
|
|
Meter test
|
Cost actually incurred by Village in conducting
test
|
|
Hydrant use
|
$50 per day Monday through Friday, plus gallonage,
except legal holidays, unless work is being conducted on weekends
and such legal holidays, in which case the fee of $50 per day will
be charged.
|
|
Delinquency charge for account 30 days in arrears
for accounts within the Village
|
$30
|
|
Service fee to be imposed for delinquent account
relevied upon the Village tax bill (in addition to all other charges
imposed)
|
$75
|
|
Delinquency charge for account 30 days in arrears,
outside Village users
|
$105
|
|
Returned check fee, including e-checks
|
$30
|
|
NOTES:
| |
|
*During normal business hours $50; otherwise Subsection I(2)(b) applies.
|
(b)
For any other service that involves the Water Department or other Village departments that is not listed and is not the responsibility of the Village of Harriman, that person shall be charged the prevailing wage scale per hour (time and one-half for weekends and double time for holidays and after normal work hours) for each Village employee, plus the cost of materials and equipment (whatever the commercial rental rate is for backhoes, loaders, dump trucks, etc., at that time). Note: Highway Department scales may be greater, depending on contract or times involved. In addition, services performed by Village employees will also be calculated in accordance with the Village of Harriman collective bargaining agreements and any other Village of Harriman employment agreements and union contracts, with a minimum charge of one hour for each Village employee. Charges for employees who are "called out" will be calculated as per the applicable provisions of the collective bargaining agreements, at a minimum of three hours at time and one-half, or as such provisions may be amended. All such charges shall be in addition to the service fee as provided in Subsection I(2)(a) of this section.
[Amended 12-12-2017 by L.L. No. 3-2018]
(3)
Water rates and billing.
(a)
Rates for supplied water via meters servicing
more than one residential customer shall be computed based upon the
following rates:
[Amended 3-23-2004 by L.L. No. 2-2004; 1-12-2010 by L.L. No.
1-2010]
[1]
Residential and commercial customers other than multifamily; plus applicable meter service charge as set forth in this section and applicable fire protection fees in § 74-5I(8):
[Amended 3-12-2013 by L.L. No. 4-2013; 2-11-2014 by L.L. No. 2-2014; 5-12-2015 by L.L. No. 3-2015; 4-12-2016 by L.L. No. 2-2016; 2-13-2018 by L.L. No. 2-2018; 2-11-2020 by L.L. No. 2-2020; 3-9-2021 by L.L. No. 2-2021; 4-9-2024 by L.L. No. 4-2024]
|
Gallons
|
In Village
|
Outside Village
|
|---|---|---|
|
0 through 50k
|
$4.96/k
|
$12.41/k
|
|
51 through 100k
|
$8.20/k
|
$14.39/k
|
|
101 though 250k
|
$11.66/k
|
$16.43/k
|
|
251k and over
|
$14/k
|
$18.54/k
|
[2]
Multifamily [more than two residential customers served through common
meter(s)]:
[Amended 2-11-2014 by L.L. No. 2-2014; 5-12-2015 by L.L. No. 3-2015; 4-12-2016 by L.L. No. 2-2016; 2-13-2018 by L.L. No. 2-2018; 2-11-2020 by L.L. No. 2-2020; 3-9-2021 by L.L. No. 2-2021; 4-9-2024 by L.L. No. 4-2024]
|
In Village
|
Outside Village
|
|---|---|
|
$6.17/k
|
$14.91/k
|
[3]
Service charges. Each meter through which water is supplied by the
Village of Harriman shall be subject to an annual meter service charge
which shall be paid in equal installments in each billing period based
upon the size of the meter(s) serving each account. Said charge shall
be due without regard to the volume of water consumed and shall be
subject to late payment charges as set forth within this article in
the same manner as billing for water consumption.
[a]
Meter charges:
|
Meter Size
|
In Village
|
Outside Village
|
|---|---|---|
|
5/8 inch
|
$150
|
$225
|
|
3/4 inch
|
$225
|
$337.50
|
|
1 inch
|
$375
|
$562.50
|
|
1 1/2 inches
|
$750
|
$1,125
|
|
2 inches
|
$1,200
|
$1,800
|
|
3 inches
|
$2,625
|
$3,937.50
|
|
4 inches
|
$4,725
|
$7,087.50
|
|
6 inches
|
$10,500
|
$15,750
|
|
8 inches
|
$18,000
|
$27,000
|
|
10 inches
|
$28,500
|
$42,750
|
[b]
Redundant meters. A meter service charge may be waived by the Village
Board where it has determined that the meter is not regularly utilized
and where a second meter also serves the customer's location for which
the meter service charge is collected.
[i]
The Village shall not be responsible for replacement of any
meter for which the meter service charge shall have been waived for
one year or more during the five years immediately preceding the replacement.
In such case the customer will be responsible for the cost incurred
including but not limited to scheduled replacements.
[c]
Inoperable meters. The meter service charge shall be due without
regard to the proper functioning of the meter(s) serving an account.
[d]
Replacement meters. Each account shall be billed based upon the size
of the meter in place at the conclusion of each billing period.
(b)
The owner shall be charged for, and all of the foregoing rates
and charges shall apply to, all water passing through meter.
[Added 12-12-2017 by L.L.
No. 3-2018]
(5)
Fire hydrants. Deposit for standard hydrant wrenches
and reducing caps, furnished by the Department: $250.
(6)
Permit for private well(s) and/or septic system(s): $100 plus actual
engineering fees incurred by Village and administered by Trust &
Agency Account.
[Amended 10-18-2016 by L.L. No. 4-2016]
(7)
Annual license fee for monitoring wells: $50.
(8)
Private fire water services.
[Added 10-18-2016 by L.L.
No. 4-2016]
(a)
Purpose. The Village Board has determined that the expense for
the maintenance of stand-by water supply for sprinkler systems and
other fire services has been disproportionately charged to the domestic
users within the Village of Harriman water service area and, following
review, has determined that a fee shall be charged to more equitably
apportion the costs of the water held in reserve for private fire
protection.
(b)
(c)
Billing.
[1]
Such fee shall be billed and collected on a quarterly basis
or at such intervals as the Village Board may determine at the annual
reorganization meeting following Village elections.
[2]
The annual charge shall be prorated for new connections or construction
only to the extent such new connection or construction is made following
the end of any billing period. The charge for each billing period
shall be due if service is available for any period of time during
said period. The quarterly charge shall not be prorated.
[3]
New connections or construction shall remit the current charge
at the time of the connection or upon issuance of a certificate of
occupancy or compliance, whichever shall first occur. Such fee shall
be in addition to any and all other fees due for taps and usage.
(d)
Authority of Water Superintendent; review of sprinkler system
designs; appeals.
[1]
The applicant shall supply a design by a licensed engineer setting
forth the size and capacity of the main supply for the sprinkler system.
Such design shall be subject to review and acceptance by the Village.
The Water Superintendent shall have the authority to direct the size
and manner of connection to the Village water supply.
[2]
Any person aggrieved by the decision shall first appeal to the
Village Board of Trustees, which determination shall be deemed final,
and thereafter may seek review pursuant to CPLR Article 78 in a court
of appropriate jurisdiction within Orange County.
(e)
Private fire service rates.
[Amended 2-11-2020 by L.L. No. 2-2020; 3-9-2021 by L.L. No. 2-2021]
|
Size of Connection
(inches)
|
Rate in Village
(per year)
|
Rate Outside of Village
(per year)
|
|---|---|---|
|
3
|
$508
|
$782
|
|
4
|
$928
|
$1,588
|
|
6
|
$1,852
|
$3,172
|
|
8
|
$3,104
|
$6,344
|
|
10
|
$7,408
|
$12,688
|
|
12
|
$11,116
|
$17,776
|
J.
Beginning with the calendar year 2019, the annual fee for a towing
license is $500; or $250 if issued on or after August 1.
[Amended 4-9-2019 by L.L.
No. 5-2019]
M.
Bingo license fee: $18.75 for each occasion.
N.
[5]Taxicabs:
(1)
Temporary drivers' licenses may be issued by the Mayor
or licensing officer designated by the Mayor, upon application therefor
by the operator, which shall state the reason for the need thereof
and recite generally that it is the operator's belief that the proposed
licensee meets the requirements of a permanent license. Such license
shall be valid for a period of 72 hours. The application shall be
accompanied by a fee of $25, and, without the payment of an additional
fee, application for a driver's license to such temporary licensee
may be filed within 10 days after the expiration of such temporary
license.
(2)
Each operator shall pay a license fee of $250 for
each taxicab operated by or under his direction, and each application
for a driver's license shall be accompanied by a fee of $250.
[5]
Editor’s Note: Former Subsection N, Fire prevention and building construction, and former Subsection O, Private sewage disposal, were repealed 10-18-2016 by L.L. No. 4-2016. This local law also provided for the redesignation of former Subsections P through S as Subsections N through Q, respectively.
Q.
Parades and assemblies.
[Added 12-13-2000 by L.L. No. 5-2000]
[Added 8-9-2005 by L.L. No. 2-2005]
The Village Board may amend the fees by resolution
of the Village Board.
[Added 2-13-2007 by L.L. No. 4-2007;
amended 6-13-2017 by L.L. No. 3-2017; 12-12-2017 by L.L.
No. 3-2018; 4-9-2019 by L.L. No. 4-2019; 6-11-2019 by L.L. No. 8-2019]
A.
Invoices for water charges shall be prepared and sent to each owner of real property on a quarter-annual basis as provided in § 136-4A(2) of the Village Code. All water rates and charges are due and payable in full by the due date. The due date will be shown on the invoice issued by the Village and will be 30 calendar days after the billing date shown on the invoice.
B.
Accounts not paid in full by the due date will be granted a three-business-day grace period. Such accounts shall be deemed delinquent at the end of the grace period (payment not received by 4:00 p.m. on the last day of the grace period). Delinquent accounts will be assessed fees as of the date of such delinquency, as provided in Subsection D(1) and (2) of this section. If such fees have not been posted when payment is made on a delinquent account, the fee or fees shall be added to the amount due in the next invoice. Partial payments will be applied against the outstanding balance due, including fees, rates, charges and penalties. Accounts against which partial payments are made remain delinquent accounts, and are subject to all the provisions of this article relating to delinquent accounts.
C.
Delinquent accounts are subject to having water service discontinued
and charged the fees for shutoff.
D.
Delinquent accounts shall be charged the following fees:
(1)
Village accounts:
(a)
Water bills that remain unpaid after 30 days and after the grace
period expires will be subject to a penalty of 10% per quarter on
the entire outstanding water bill account balance.
(b)
In addition, if the outstanding balance is not paid on or before
the 30th calendar day after the due date, $30 shall be added to the
outstanding balance.
(c)
If any or all amounts due on an account are levied upon the
Village tax bill, an additional $75 shall be added to the outstanding
balance levied.
(2)
Outside-Village accounts:
(a)
Water bills that remain unpaid after 30 days and after the grace
period expires will be subject to a penalty of 10% per quarter on
the entire outstanding water bill account balance.
(b)
In addition, if the outstanding balance is not paid on or before
the 30th calendar day after the due date, $105 shall be added to the
outstanding balance.
(c)
If an outstanding bill continues into subsequent billing quarters,
an additional late charge of 10% will be assessed against the total
outstanding balance and added to the amount due.
[Added 6-11-2019 by L.L.
No. 8-2019]
A.
The provisions of this section shall be applicable to all late and delinquent fees, charges and accounts payable under this chapter, other than water accounts, including, but not limited to, charges and fees under § 74-3 (consulting engineer and Village Attorney); § 74-5B (consulting services); § 74-5D (parkland fees); any fine imposed pursuant to any section of this chapter; § 74-5G (fees for certain actions before the Planning Board); and replenishment of any escrow funds required by this article.
B.
Fees and charges under Subsection A of this § 74-8 shall be due and payable as provided in Chapter 74. Where no provision is made for a date or time within which a payment is due for a fee or charge required under this chapter, an invoice will be prepared by the Village and sent to each owner, applicant, user or other responsible party. The due date will be shown on the invoice issued by the Village and will be 30 calendar days after the billing date shown on the invoice.
C.
Accounts not paid by the due date will be granted a three-business-day grace period. Such accounts shall be deemed delinquent at the end of the grace period (payment not received by 4:00 p.m. on the last day of the grace period). Delinquent accounts will be assessed fees as of the date of such delinquency, as provided in Subsection D(1), (2) and (3) of this section. If such fees have not been posted when payment is made on a delinquent account, the fee or fees shall be added to the amount due in the next invoice.
D.
Delinquent accounts shall be charged the following fees:
(1)
Invoices that remain unpaid after 30 days and after the grace period
expires will be subject to a penalty of 10% per quarter on the entire
outstanding account balance.
(2)
In addition, if the outstanding balance is not paid on or before
the 30th calendar day after the due date, $30 shall be added to the
outstanding balance.
(3)
If any or all amounts due on an account are levied upon the Village
tax bill, an additional $75 shall be added to the outstanding balance
levied.
[Added 6-11-2019 by L.L.
No. 8-2019]
A.
If the Village incurs costs, including legal fees, to collect the
amounts owed from any delinquent account under this chapter, such
costs will be charged to and made part of the amount owed to the Village.
Except as may otherwise be provided in this chapter, any fee, charge,
rate or assessment due pursuant to this article which shall remain
unpaid for more than 30 days shall be deemed delinquent.
B.
Upon resolution of the Village Board, any delinquent fees, rates
and charges under this chapter may be levied, together with all accrued
late fees and/or interest, upon the ensuing Village tax billing. The
levy of delinquent charges upon the Village tax billing shall not
constitute an election of remedies by the Village.
C.
The actions authorized in this chapter do not limit or preclude the
Village from pursing a civil action to recover the current and past-due
amounts to the county for collection in lieu of or in addition to
any action or remedy taken by the Village. The amount of rates and
charges that remain due and unpaid for 30 days, with fees and interest
thereupon, and with reasonable attorneys' fees, may be recovered by
the Village in a civil action in the name of the Village against such
owner(s) or user(s) liable for such unpaid account.
