[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.
A.
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]
B.
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.
A.
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:
(1)
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.
(2)
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).
(3)
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.
B.
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.
