[Adopted 6-20-2011 by L.L. No. 2-2011]
This Part 2 shall be known and may be cited as the "Village
of Avon Sewer Rent Local Law."
The Board of Trustees of the Village of Avon (the "Village")
hereby finds and determines that the most equitable manner of collecting
funds from the various properties within the Village served by its
sewer system (the "District") to defray the fees imposed by the Village
for treatment of the effluent pumped to the sewage treatment plant
operated by said Village is to be based upon the consumption of water
on the premises connected with and served by the said District. All
other costs of expenditures for operating and maintaining the facilities
of said District shall continue to be computed and assessed upon benefited
real property.
For the purposes of this Part 2, the definitions set forth in § 451 of the General Municipal Law shall be controlling.
A.
Imposition. Pursuant to Article 14 of the Village Law and pursuant
to Article 14-F of the General Municipal Law, the Village hereby establishes
and imposes sewer rents for the use of the sewer system or for any
part or parts thereof and establishes and imposes such sewer rents
as a minimum charge and a water use surcharge on the real property
using such sewer system.
B.
New sewer rates. Effective February 1, 2023, the base quarterly sewer
rents for all users, except those users who have individual agreements
with the Village, shall be $67 per quarter. In addition, all users,
except those users who have individual agreements with the Village,
shall pay $67 per quarter for each 2,000 cubic feet of water consumed
and a pro rata charge for any portion of the last 2,000 cubic feet
of water consumed. Any users with an individual agreement with the
Village shall be charged under the terms of the individual agreement.
[Amended 7-25-2016 by L.L. No. 2-2016; 9-19-2022 by L.L. No. 1-2022]
C.
In the absence of a metered water supply, or in case of consumers of water who discharge into the sewer system an amount of sewage substantially less than or substantially greater than the amount of water supplied to such consumer, the Village Commissioner of Public Works may require or permit the installation of a water meter by the owner or occupant of the premises to measure the quantity of water supplied from such source, and the quantity of water measured by such meter shall constitute the basis for computing the sewer rent in accordance with the provisions of § 46-180B above. The cost of the purchase and installation of water meters shall be paid by the property owner.
The Commissioner of Public Works may require each owner and/or
occupant of real property within the district to furnish him with
such information as may be necessary and reasonable in order to carry
out the provisions of this Part 2. It shall be permissible for the
Commissioner of Public Works or other properly authorized person employed
by the district to enter upon real property at reasonable times for
the purpose of obtaining such information as may be necessary to carry
out the provisions of this Part 2.
All sewer rents imposed hereunder shall be due and payable in
the same manner and at the same times that water rents are due and
payable. Sewer rent shall be billed and collected in the same manner
and at the same times as the billing and collection of water rents
due. There shall be a penalty of 10% of the amount due added to a
sewer rent bill which is not paid within 30 days after the filling
date. All delinquent unpaid sewer rents as of May 1 in any year will
be added to the real property tax bill rendered on the property the
following June.
If any owner of real property on which a sewer rent has been
imposed deems itself, himself or herself aggrieved because such real
property is not served by the sewer system or an error has been made
in computing such sewer rent, he, she or it may file an application
for a refund of all or part of such sewer rent. Such application shall
be verified by the owner and shall set forth the amount of refund
sought and the grounds therefor. Such application shall be presented
to the Board of Trustees of the Village, which may refund all or part
of such sewer rent.
Sewer rent shall constitute a lien upon the real property served
by the sewer system or such part or parts thereof for which sewer
rents are hereby established and imposed. 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 political subdivision or district thereof.
Revenue derived from sewer rent, including penalties and interest,
shall be credited to a special fund to be known as the "Sewer Rent
Fund." Moneys in the fund shall be used to pay for treatment of the
effluent pumped to the sewage treatment plant.
If any part or provision of this Part 2 or the application thereof
to any person or circumstance be adjudged invalid by any court of
competent jurisdiction, such judgment shall be confined in its operation
to the part or provision or application directly involved in the controversy
in which such judgment shall have been rendered and shall not affect
or impair the validity of the remainder of this Part 2 or the application
thereof to other persons or circumstances, and the Board of Trustees
of the Village hereby declares that it would have passed this Part
2 or the remainder thereof had such invalid application or invalid
provision been apparent.
All ordinances, local laws and parts thereof inconsistent with
this Part 2 are hereby repealed.
