[Adopted 4-29-1981 by L.L. No. 3-1981 as
Ch. 80, Part 3, of the 1975 Code]
As used in this article and when applied to
describe certain premises, establishments or properties appearing
on the general tax roll, for the purpose of determining sewer rentals,
the following terms shall have the meanings indicated:
Showrooms, display rooms, salesrooms, restaurants, bars,
diners, taverns, grills, gasoline stations, garages, road stands,
barbershops, beauty parlors, business or professional offices and
office buildings, bank buildings, all types of wholesale and retail
outlets, manufacturing buildings, all structures of a commercial or
business nature and, in general, all places of business.
Any liquid, gaseous, solid or other waste substance, or a
combination thereof, resulting from any process of industry, manufacturing,
trade or business or from the development or recovery of any natural
resources.
All lateral sewers, all branch sewers, all interceptor sewers
or all truck sewers and any sewage treatment and disposal works, each
part with necessary appurtenances, including sewage pumping stations.
The water-carried human or animal wastes from residences,
buildings, industrial establishments or other places. The admixture
with sewage as herein defined of industrial waste or other waste as
hereinbefore defined shall also be considered "sewage" within the
meaning of this article.
All sewer pipes and other appurtenances which are used or
useful in whole or in part in connection with the collection, treatment
or disposal of sewage, industrial waste and other wastes, including
sewage pumping stations and sewage treatment and disposal works.
A scale of annual charges established and imposed in the
Titusville Sewer District for use of the sewer system or any part
or parts thereof.
[Amended 7-22-2009 by L.L. No. 2-2009]
Sewer rentals to be charged by the Town for
services to be provided by the sewerage system and sewage disposal
plant as to unmetered single-family and multifamily residences shall
be set forth on the prevailing fee schedule adopted by resolution
of the Town Board and as such schedule is modified from time to time
by resolution of the Town Board.
A.
All properties, other than single-family residences
and multiple-family residences, which contain buildings that are supplied
by water, either through a municipal water system, a private water
system or by means of a pump or well, shall pay sewer rates to be
charged by the Town for services to be provided by the sewerage system
and sewage disposal plant. The sewer rates shall be set forth on the
prevailing fee schedule adopted by resolution of the Town Board and
as such schedule is modified from time to time by resolution of the
Town Board.
[Amended 7-22-2009 by L.L. No. 2-2009]
B.
Should there be no meter on the premises, the owner
of the property involved therein shall purchase such measuring device
as shall be approved by the Town Board of the Town of LaGrange and
shall at his own cost and expense install the same in a manner approved
by said Town Board and shall pay the sewer rent in accordance with
the rate established in this section upon the metered consumption
of water for such property.
The owner of any parcel of real property within the Titusville Sewer District boundaries or served by the sewer system of the Titusville Sewer District, which property contains only a single-family residence or multiple-family residence and which said property obtains water from a source other than a municipal water system, may, if he desires, purchase such measuring device as shall be approved by the Town Board of the Town of LaGrange and shall at his own cost and expense install the same in a manner approved by said Town Board and shall thereafter pay the sewer rent in accordance with the rate as established in § 187-73 hereof upon the metered consumption of water for such property.
If any sewage or industrial waste containing
any substance which may clog the sewer system or add to the operating
cost of the sewage disposal plant shall be discharged into the sewer
system from any real property served by the sewer system, then the
owner of said real property shall pay for the actual cost of repairing
same or for the additional operating cost of the sewage disposal plant,
as the case may be, and if the same is not paid within 30 days after
completion of repairs or notice of the extra cost of operating the
sewage disposal plant has been mailed to said owner, as determined
by the Town Board, same shall be added to the next sewer rental bill
and shall be collected as provided herein. The Town Board of the Town
of LaGrange shall prescribe such rules and regulations as may be necessary
to control the concentration of sewage or industrial waste which may
be discharged into or excluded from the sewer system.
Sewer rents shall be paid on the first day of
March, June, September and December of each year and shall be subject
to a penalty of 10% per month after nonpayment for 30 days.
Sewer rents shall be payable, collectible and
enforceable in the manner provided by law and shall constitute a lien
upon the real property served by the sewer system within the Titusville
Sewer District to the extent set forth in § 452 of the General
Municipal Law. Sewer rates provided herein are charges in addition
to any sewer assessment that may be levied from time to time in said
sewer district.
Delinquent sewer rents may be collected pursuant
to § 452 of the General Municipal Law.
All revenues derived from sewer rents for the
disposal of sewage, including penalties and interest, shall be credited
to a special fund to be known as the "Titusville Sewer District Sewer
Rent Fund." Moneys in such fund shall be used to pay salaries, maintenance,
improvements, alterations, debt service and expansion of the facilities
of said sewer district in accordance with § 453 of the General
Municipal Law.
The establishment and imposition of sewer rents
shall not prevent the use of other revenues of the Town for the payment
of a part of the cost, for any fiscal year, of the operation, maintenance
and repair of the sewer system or for the payment of interest on and
amortization of, or payment of, indebtedness therefor.
[Added 1-24-2001 by L.L. No. 2-2001]
No sewer main shall be tapped for, nor any service
main extended outside the boundaries of any sewer district, except
by special permit therefor granted and issued by the Town Board.
The Town Board shall impose such conditions
upon the granting of the permit as it shall deem fitting and proper.
[Amended 7-22-2009 by L.L. No. 2-2009]
A.
There shall be a fee for the special permit set forth in § 187-81, and such fee shall be set forth on the prevailing fee schedule adopted by resolution of the Town Board and as such schedule is modified from time to time by resolution of the Town Board.
B.
Unless
otherwise agreed or imposed as a condition of special permit to connect,
the Town Board shall impose prevailing sewer rents and usage charges
on any real property located outside the applicable sewer district
on the same basis as if the real property were located within the
district.
If any real property located within a sewer
district should be subject, at any time, to special benefit assessment
or ad valorem assessment for capital or other expenses of that district,
real property receiving sewer services from that district, but located
outside of the district, shall be annually charged and shall be obligated
to pay an amount equal to the assessment which would have been levied
against the real property if it had been located within the district.
A default in payment of the charges set forth in §§ 187-83 and 187-84 above shall be remedied by charging such sums against the real property which benefits from the out of district sewer service, by adding any such charge to and making it a part of the next annual real property tax assessment roll of the Town. Such charges shall be levied and collected at the same time and in the same manner as Town-assessed taxes and shall be paid to the Town Supervisor, to be applied in reimbursing the applicable sewer district. Prior to charging such assessments, the owners of the real property shall be provided written notice to their last known address of record by certified mail, return receipt requested, of an opportunity to be heard and object, before the Town Board, to the proposed real property assessment, at a date to be designated in the notice, which shall be no less than 30 days after its mailing.
