[Adopted 3-10-2020 by L.L. No. 2-2020]
The purpose of this article is to more equitably distribute
the cost of owning, operating and maintaining the Village of Dobbs
Ferry sanitary sewer system by allocating such expenses among all
properties in the Village that use the sewer system. Pursuant to the
authority derived from Article 14-F of the General Municipal Law,
the Village of Dobbs Ferry hereby creates a program for establishing
and collecting sewer rents as a means of funding the costs associated
with the Village of Dobbs Ferry sewer system. Such program shall consist
of annual charges against all properties that use the Village's
sanitary sewers. The sewer rents provided for in this article shall
be segregated into a special purpose fund and applied toward defraying
the cost of operation, maintenance, upkeep, repair, replacement and
otherwise improving the sewer system.
A.
Establishment.
(1)
The Village of Dobbs Ferry hereby establishes a sewer rent program.
All sewer rent shall be used by the Village for the expense of operation,
maintenance, repairs and improvements to the Village sewer system.
The record owner of all real property using the Village sewer system,
or any part thereof, shall be liable to the Village for the payment
of sewer rent, notwithstanding that said property owner may charge
a fee or seek reimbursement from a lessee, licensee or other occupant
of the real property. The failure to collect fees or obtain reimbursement
shall not be a defense to the property owner's absolute obligation.
All sewer rents and penalties shall be a charge against the property
for which the property owner and any successor in interest shall be
liable.
(2)
The Village Board shall have the authority by resolution to promulgate
rules and procedures, and make revisions thereto, for the efficient
administration and operation of the sewer rent program. Such rules
and procedures shall be made available to the public as with any record
of the Village.
(3)
In the event water consumption to a particular property is not indicative
of equivalent usage of the sewer system, the Village may establish
a procedure for consumption evaluation and make adjustments for good
cause shown on a case-by-case basis.
B.
Applicability. The system for which the sewer rents are established
and imposed is the entire sewer system within the Village of Dobbs
Ferry as defined in § 451 of General Municipal Law as such
system does now or as it may from time to time exist.
C.
D.
Payments. Sewer rents shall be payable on the schedule set by the
Village Board of Trustees pursuant to its authority to promulgate
rules and procedures.
E.
Billing. Sewer rent bills shall be issued on the basis set forth
by the Village Board of Trustees pursuant to its authority to promulgate
rules and procedures. The Village is authorized to obtain the services
of a third-party billing company to generate and send out all sewer
rent bills. Such bills shall be sent to the address of the property
owner as set forth on the assessment rolls and at a frequency and
in accordance with a billing period set by the Village Board. Delivery
of such bills to the proper party is not guaranteed. If the property
owner does not receive a bill on or before the fifth day following
the end of each billing period, the property owner will be provided
with contact information of the third-party billing company designated
by the Village.
F.
Late Payment penalties, liens and collection. All bills for sewer
rents are due and payable at the address given on the bill and the
time set forth by the Village Board of Trustees. All amounts due for
sewer rents will be received without penalty during the first month
following the billing. Penalty shall be charged at a rate set forth
by the Village Board of Trustees on all bills that remain unpaid past
30 days from the date of billing. Such penalties will be added to
the bill, in accordance with the provisions of the Village Law. The
third-party billing company shall send to the Village Treasurer all
delinquent accounts which, in accordance with General Municipal Law
§ 452, the delinquent sewer rents shall constitute a lien
upon the real property served by the sewer system. The lien shall
be prior and superior to every other lien or claim except the lien
of an existing tax, assessment or other lawful charge imposed by or
for the state or a political subdivision or district thereof. Delinquent
accounts, including sewer rents and penalties, shall be collected
in a manner provided in General Municipal Law § 452(4).
G.
Sewer rent fund. All revenues derived from sewer rents, including
penalties, shall be credited by the Treasurer to a special fund to
be known as the "Sewer Rent Fund." Monies in such fund shall be used
in accordance with § 53 of the General Municipal Law.
H.
Sole exemption. All property of the Village shall be exempt from
the obligation to pay sewer rent.
I.
Agreement with water source. The Village has received authorization
from the New York State Public Service Commission (Matter Number/Case
No.: 19-01610) to contract with the water source to utilize its water
consumption data and provide any other services necessary to administer
this article.
J.
Severability. Should any section or provision of this article 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 article, and it shall be construed
to have been the legislative intent to enact this article without
such unconstitutional or invalid parts therein.
