[Enacted by Local Law No. 2-2019 (December 16, 2019).]
[1]
Editor's Note: Former Art. XV, Area of Assessment for Local Improvements, was repealed 11-19-1964 by L.L. No. 4-1964.
SANITARY SEWER AND STORMWATER SYSTEMS
The systems for the collection of sewage, including all mains, pumping stations, appurtenances or other facilities, which are owned, operated and maintained by the City of New Rochelle, whether in or outside the City.
SANITARY SEWER AND STORMWATER FEE ("FEES")
A schedule of annual charges established and imposed by the City of New Rochelle for the use of the sanitary sewer and stormwater systems.
PROPERTY OWNERS
The record owners of improved real properties located in the City of New Rochelle.
RESIDENTIAL UNIT FEE
Any improved property classified as residential on the Assessor's records, including 1, 2 and 3 family homes, apartments, condominiums and co-ops; whereby each dwelling unit is one unit.
NONRESIDENTIAL UNIT FEE
Any improved property not considered residential, except hotels; the fee for which is based upon parcel size, as follows:
< .2 acre: 1 unit.
.21 - .5 acre: 2 units.
.51 - 1 acre: 3 units.
1.01 - 2 acres: 4 units.
Over 2 acres: 5 units.
Hotel: 1 residential unit for each hotel room.
A. 
All improved property owners, as defined herein, shall be liable for fees as enacted.
B. 
Municipal properties shall be exempt from the obligation to pay sanitary sewer and stormwater fees.
C. 
Property owners shall pay an amount based upon the use of the property; residential properties and hotels shall fund 93% of the total cost of improvements and operations and nonresidential properties other than hotels, shall fund 7% of such costs. The fees shall be calculated based upon units as defined herein.
D. 
Annual costs of sanitary sewer and stormwater systems. The annual operation and maintenance costs of the sanitary sewer and stormwater systems shall be determined as part of the City's annual budget. The annual costs shall include, but not be limited to:
A. 
Personnel services, including salaries and fringe benefits.
B. 
Contractual services.
C. 
Repairs and replacement to the sanitary sewer and stormwater systems.
D. 
Materials and supplies.
E. 
Utilities.
F. 
Building repair and maintenance.
G. 
Equipment.
H. 
Testing and sampling.
I. 
Insurance.
J. 
Indebtedness.
K. 
Auditor's fees.
L. 
Reserve fund.
M. 
Contingency.
N. 
Other related costs.
A. 
Sanitary sewer and stormwater fees shall be billed by the City consistent with the collection of City taxes.
B. 
Sanitary sewer and stormwater fees shall be paid to the City of New Rochelle.
A. 
All fees shall become due and payable without penalty in accordance with the City property tax collection schedule.
B. 
The sanitary sewer and stormwater fee for each improved real property containing units in the City shall be billed for each calendar year as a separate line item on an annual real property tax bills for each such tax assessment lot.
C. 
If a sanitary sewer and stormwater fee is not timely paid when due, interest shall accrue on such unpaid amount at the rate of 2% per calendar month of or portion thereof computed from the original due date until paid in full and shall be collected at the time of payment or enforcement of such sanitary sewer and stormwater fee.
E. 
If a sanitary sewer and stormwater fee including accrued interest thereon is not fully paid on or before November 30 of the calendar year for which originally billed, the unpaid amount shall, pursuant to the procedures set forth in Section 120-cc of the General Municipal Law, become a lien as of January 1 of the next succeeding year and shall accrue additional interest, be collected, and be enforced in the same manner and at the same time as provided by law for City taxes due in such next succeeding year.
A property owner may apply to the Finance Commissioner for review of any determination made by the City or entity to which billing authority has been designated. Determinations by the Finance Commissioner are subject to judicial review pursuant to Article 78 of the New York Civil Practice Law and Rules.
Should any section or provisions of this chapter be adjudged by a court of competent jurisdiction to be unconstitutional or otherwise invalidated, such judgment shall not affect, impair or invalidate the remainder of this chapter, and it shall be construed to have been the legislative intent to enact this chapter without such unconstitutional or invalid parts therein.