[Adopted 12-12-2019 by L.L. No. 2-2019]
This article is enacted pursuant to the provisions of the New
York Town Law and the New York Municipal Home Rule Law.
The purpose of this article is to ensure that the Town has the
authority to levy any water and sewer charges which are unpaid for
30 days from the due date. The Town recently formed Water District
No. 1 and Sewer District No. 1, which have begun operating. The Town
desires to pass this article and ensure all users are on notice of
its authority to levy unpaid charges.
Pursuant to Town Law § 198, the Town is authorized
to annually levy water and sewer charges that are not paid within
30 days of the due date.
The Town Clerk and Town Bookkeeper shall keep records of the
unpaid water and sewer charges and shall annually provide the Town
Board with a statement showing the amount unpaid to allow the Town
Board to efficiently review and approve the levy of the water and
sewer charges for the applicable year.
Nothing in this article shall limit the Town's ability to charge
interest on any unpaid water and sewer charges or exercise any other
remedy under the law to enforce the payment of water and sewer charges.
This article shall take effect immediately upon filing in the
Office of the New York State Secretary of State.
[Adopted 3-12-2020 by L.L. No. 1-2020]
This article is enacted pursuant to the provisions of the New
York Municipal Home Rule Law.
It is the purpose and intent of this article to promote and
protect the health, safety and welfare of the residents of and visitors
to the Town of Niles (the "Town"); to preserve, protect and enhance
the environment and aesthetic assets of the Town of Niles, including
the environmentally sensitive areas within the boundaries of the Town;
and to safeguard the value of public and private property within the
Town of Niles by authorizing the Town of Niles to provide for a system
whereby applicants, appellants and other parties seeking the assistance
or review of the Town Board, Town Planning Board, and/or Town Zoning
Board of Appeals fully reimburse the Town of Niles for professional
services fees in connection with such matters.
The Town Board, Planning Board, and Zoning Board of Appeals
are legally required to review applications, appeals and requests
for assistance from time to time on matters or concerns which may
be presented to any or all of the boards. In furtherance of performing
their duties in addressing such matters, it may become necessary to
refer certain matters to professional consultants for review, study,
assistance and direction. Being cognizant that many matters submitted
to the Town of Niles' various boards do not benefit the citizens
of Niles as a whole and often benefit a single party, or a very limited
class of citizens, the Town Board has determined it is just and equitable
for applicants, appellants and other parties seeking the assistance
of the municipal boards to reimburse the Town of Niles for costs incurred
relating to matters reviewed by its boards.
The Town Clerk and Town Bookkeeper shall keep records of all
escrow deposits and associated reimbursements made to the Town.
If a court determines that any clause, sentence, paragraph,
subdivision, or part of this article or the application thereof to
any person, firm or corporation, or circumstance is invalid or unconstitutional,
the court's order or judgment shall not affect, impair, or invalidate
the remainder of this article, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, or part of this article
or in its application to the person, individual, firm or corporation
or circumstance directly involved in the controversy in which such
judgment or order shall be rendered.
This article shall take effect immediately upon filing in the
office of the New York State Secretary of State.