[Adopted 12-19-1978 by L.L. No. 14-1978]
It is the intention of the Board of Trustees of the Village of Ossining by the adoption of this Part 2 to establish a separate sewer rent fund and impose sewer rents in the Village of Ossining in accordance with the provisions of Article 14-F of the General Municipal Law, the Municipal Home Rule Law, and other applicable laws of the State of New York.
Unless the context specifically indicates otherwise,
the meanings of terms used in this Part 2 shall be as follows:
The finished substance discharged from the operation of the
sewage treatment plant.
The spent water of a community.
Any arrangement of devices and structures used for treating
sewage.
A pipe or conduit for carrying sewage.
The repository of the revenue derived from sewer rents (including
penalties) and which shall, for budget and accounting purposes, be
kept separate and apart from other Village funds and revenues and
which shall be used only for the operation, upkeep, maintenance, repair,
extension and improvement of the sewer system and for the payment
of interest on and the retirement of bonds issued or to be issued
for the above purposes or other lawful purposes as set forth in § 453
of the General Municipal Law of the State of New York.
The monetary charge imposed by the Board of Trustees of the
Village upon the user of the sewer system and computed on the amount
of water the user consumes.
All facilities for collecting, regulating, pumping and transporting
sewage to and away from the sewage treatment plant operated by or
for the Village of Ossining.
A sediment deposited during the treatment of sewage.
A poisonous substance capable of contaminating the sewer
system.
A parcel of real property or a building erected thereon situated
within the Village and abutting on a street, alley or right-of-way
in which there is now located or may in the future be located a sewer.
The Village of Ossining, New York.
There is hereby established in and for the Village
of Ossining a sewer rent fund.
There is hereby established and imposed on all
users of the Village of Ossining sewer system a sewer rent to be paid
at the times and in the manner hereinafter set forth.
[Amended 2-17-1981 by L.L. No. 1-1981]
A.Â
The amount of sewer rent to be paid by the users of
the sewer system shall be determined annually and shall be based on
the operating, capital and bonded indebtedness amortization requirements
in any given fiscal year, that is, the operation and maintenance charges
of the system.
B.Â
The following is the method to be used in determining
the amount of sewer rent to be paid:
(1)Â
The gross annual operating and capital requirements
shall be estimated.
(2)Â
The annual revenue from sources other than sewer rent
shall be estimated.
(4)Â
The total residential, commercial and industrial annual
discharge into the sewer system shall be estimated and expressed in
cubic feet.
(5)Â
The annual net operating and capital requirements
shall be divided by the total annual discharge from all sources. The
result of that computation shall be multiplied by 100 to obtain the
amount of sewer rent per 100 cubic feet.
[Amended 10-7-2020 by L.L. No. 5-2020]
Sewer rents imposed by this Part 2 shall constitute a lien upon
the real property served by the sewer system and are due and payable
upon billing by the Water Department of the Village of Ossining. Partial
payments and overpayments of sewer rents will be accepted by the Village
of Ossining Finance Department. Partial payments of charges for sewer
rents will be applied to the oldest charges (including accrued penalties)
on the account until all arrears and penalties have been paid. The
Village will neither accept nor credit payments for current sewer
rents until all arrears, including penalties, have been paid. Any
combined sewer rent and water charge account balances exceeding $100,
which balances are in arrears for at least 180 days, shall be added
to the property's real estate taxes for the following year. Partial
payment will not be accepted for any balance which has been added
to the property's real estate taxes. Overpayments of sewer rents
will be credited to the following bill. Bills for sewer rents shall
be rendered to the user monthly or quarterly at the discretion of
the Finance Department.
[Amended 8-2-1994 by L.L. No. 6-1994; 10-7-2020 by L.L. No. 5-2020]
The following scale of penalties is hereby imposed for the late
payment of sewer rent:
A.Â
No penalty shall be charged by the Village of Ossining Finance Department
if the sewer rent is paid within 30 days of the date of billing by
the Finance Department.
B.Â
If the sewer rent is paid more than 30 days after the date of billing
to the Village of Ossining Finance Department, a penalty of 5% of
the amount due is hereby imposed, and an additional penalty of 1%
shall be imposed for each period of 30 days thereafter, or part thereof,
that said sewer rent remains unpaid.
[Added 2-17-1981 by L.L. No. 1-1981]
The sewer rent shall be subject to annual review,
the objectives of which shall be:
[Added 2-17-1981 by L.L. No. 1-1981]
The costs of operation and maintenance for all flows not directly attributable to the users (i.e., infiltration and inflow) shall be distributed among all users of the sewer system in the same manner as provided in § 212-45 herein.
[Added 2-17-1981 by L.L. No. 1-1981]
The user charge system shall take precedence
over any terms or conditions of agreements or contracts entered into
between the Village of Ossining and any user of the sewer system which
are consistent with any applicable federal laws or regulations.
