[Adopted 3-24-1987 by L.L. No. 5-1987]
Pursuant to the provisions of Article 14-F of the General Municipal Law, the Town Board, acting for and on behalf of the Fishers Island Sewer District (FISD), does hereby establish a scale of annual charged to be called "sewer rents" for the use of the sewer system within the FISD.
In addition to any and all other fees and charges provided by law, the owner of a parcel of land served by the sanitary sewer system of the FISD shall pay an annual sewer rent for the use of such sanitary sewer system, which shall be based upon an annual charge of $450 for each separate dwelling unit served by the system. Such annual sewer rents shall be paid in semiannual installments of $225 on the first day of January and June of each year.
[Amended 11-15-1988 by L.L. No. 27-1988; 12-11-1990 by L.L. No. 28-1990; 11-24-1992 by L.L. No. 27-1992; 10-23-2007 by L.L. No. 21-2007]
If such sewer rents are not paid within 30 days of the due date, a penalty of 5% shall be paid.
Sewer rents shall constitute a lien upon the real property served by the sewer system or such part or parts thereof for which sewer rents shall have been established or 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 a political subdivision or district thereof.
The Town Board, on behalf of the sewer district, may bring and maintain an action as upon contract for sewer rents in arrears, including penalties and interest, or to foreclose liens for such sewer rents. As an alternative to the maintenance of any such action, the Town Board may annually cause a statement to be prepared setting forth the amount of each lien for sewer rents in arrears, the real property affected thereby and the name of the person in whose name such real property is assessed. Such statement shall be presented to the board or body empowered to levy Town taxes on or before a date to be specified by such board or body. Such board or body shall levy the amounts contained in such statement against the real property liable at the same time and in the same manner as Town taxes, and such amounts shall be set forth in a separate column in the annual tax rolls. The amounts so levied shall be collected and enforced in the same manner and at the same time as may be provided by law for the collection and enforcement of Town taxes.
Revenues derived from sewer rents, including penalties and interest, shall be credited to a special fund to be known as the "sewer rent fund." Moneys in such fund shall be used in the following order:
For the payment of the costs of operation, maintenance and repair of the sewer system or such part or parts thereof for which sewer rents have been established and imposed.
For the payment of the interest on and amortization of or payment of indebtedness which has been or shall be incurred for the construction of the sewer system or such part or parts thereof for which sewer rents have been established and imposed (other than indebtedness, and the interest thereon, which is to be paid in the first instance from assessments upon benefited real property).
For the construction of sewage treatment and disposal works with necessary appurtenances, including pumping stations, or for the extension, enlargement or replacement of or additions to such sewer systems or part or parts thereof.
Such revenues from sewer rents shall not be used to finance the cost of any extension of any part of a sewer system (other than any sewage treatment and disposal works with necessary appurtenances, including pumping stations) to serve unsewered areas if such part has been constructed wholly or partly at the expense of real property especially benefited, or for the payment of the interest on and the amortization of indebtedness which is to be paid in the first instance from assessments upon benefited real property.