City of Kingston, NY
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2023-08-01
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PART II: GENERAL LEGISLATION
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Chapter 338 Sewers
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Article III Sewer User Charge Review Board
- THE CHARTER
- Ch C Charter
- ADMINISTRATIVE CODE
- Ch A Administrative Code
- PART I: ADMINISTRATIVE LEGISLATION
- Ch 1 General Provisions
- Ch 3 Adopt-A-Highway, -Park or -Shoreline Program
- Ch 5 Appearance Tickets
- Ch 8 Assessment Review Board
- Ch 11 (Reserved)
- Ch 15 (Reserved)
- Ch 18 Community Choice Aggregation Program
- Ch 22 Commissions
- Ch 26 Common Council
- Ch 30 Community Development Advisory Council
- Ch 32 Crossing Guards
- Ch 35 Defense and Indemnification
- Ch 40 Emergency Regulations
- Ch 46 Equal Opportunity and Affirmative Action
- Ch 49 Ethics
- Ch 52 Fire Department
- Ch 55 Flag and Seal, Official
- Ch 60 Information Technology, Department of
- Ch 70 (Reserved)
- Ch 74 Laws of 1913: Exercise of Powers
- Ch 77 Mental Health Board
- Ch 79 Merit Award Board
- Ch 82 (Reserved)
- Ch 85 Office Hours
- Ch 87 Open Meetings
- Ch 90 (Reserved)
- Ch 93 Personnel
- Ch 96 Planning Board
- Ch 103 Procurement Policy
- Ch 106 Real Property, Sale or Lease of
- Ch 107 (Reserved)
- Ch 110 Residency Requirements
- Ch 113 Salaries and Compensation
- Ch 114 Surplus Property, Sale of
- Ch 116 (Reserved)
- Ch 122 (Reserved)
- PART II: GENERAL LEGISLATION
- Ch 130 Advertisements and Billboards
- Ch 135 Air Pollution and Smoke Control
- Ch 138 (Reserved)
- Ch 142 Alarm Systems
- Ch 145 Alcoholic Beverages
- Ch 148 All-Terrain Vehicles
- Ch 151 Animals
- Ch 154 Auctions and Auctioneering
- Ch 157 (Reserved)
- Ch 160 (Reserved)
- Ch 163 Bingo
- Ch 166 Blasting
- Ch 169 (Reserved)
- Ch 172 Building Construction
- Ch 178 Buildings, Unsafe
- Ch 179 Buildings, Vacant
- Ch 180 Bus Fares
- Ch 185 (Reserved)
- Ch 188 (Reserved)
- Ch 191 Curfew
- Ch 195 Disorderly Conduct
- Ch 197 Dangerous Weapons
- Ch 198 Drugs and Drug Paraphernalia
- Ch 199 Nuisances
- Ch 205 Economic Development Zone
- Ch 208 Electrical Regulations
- Ch 210 Energy Conservation
- Ch 211 Excavation Hazards
- Ch 213 Exhibitions and Shows
- Ch 217 Fees
- Ch 220 Fences
- Ch 223 Firearms
- Ch 224 Firearms: Shooting Ranges
- Ch 226 Fire Insurance Proceeds
- Ch 229 Fire Lanes
- Ch 231 (Reserved)
- Ch 233 Fire Prevention
- Ch 236 (Reserved)
- Ch 238 (Reserved)
- Ch 245 Games of Chance
- Ch 250 Graffiti
- Ch 255 Hazardous Materials
- Ch 261 (Reserved)
- Ch 264 Historic and Architectural Design Districts
- Ch 267 (Reserved)
- Ch 268 Illicit Discharges
- Ch 277 Hotels, Motels, Inns, Rooming Houses and Boardinghouses
- Ch 280 Municipal Identification Program
- Ch 285 Navigation
- Ch 295 (Reserved)
- Ch 300 Noise
- Ch 305 Parades
- Ch 308 Parental Responsibility
- Ch 310 Parks and Recreational Facilities
- Ch 313 Pawnbrokers
- Ch 318 Peddling and Soliciting
- Ch 321 Plumbing
- Ch 324 Public Transportation
- Ch 330 Records
- Ch 332 Rental Properties
- Ch 333 Rental Premises, Property Maintenance for Tenants of
- Ch 335 Sales of Merchandise
- Ch 336 Sanitation and Weeds
- Ch 338 Sewers
- Ch 338 Art III Sewer User Charge Review Board
- § 338-16 Establishment, composition and purpose.
- § 338-17 Procedure for appealing contested bills.
- § 338-18 Decision on claims.
- § 338-19 Appeals.
- § 338-20 Billing adjustments.
- § 338-21 Credits or refunds.
- § 338-22 Exclusivity of appeal procedure.
- Ch 340 Sewer Use
- Ch 345 Shopping Carts
- Ch 346 Sidewalk Cafes
- Ch 347 Site Plan Review
- Ch 348 Smoking
- Ch 350 Solid Waste
- Ch 353 Stormwater Management and Erosion and Sediment Control
- Ch 355 Streets and Sidewalks
- Ch 358 Sidewalk Standards
- Ch 360 Taxation
- Ch 363 Taxicabs and Taxicab Drivers
- Ch 366 (Reserved)
- Ch 370 Tow Trucks
- Ch 371 Toxic Pesticides and Herbicides
- Ch 373 Trees
- Ch 374 Trees, Street
- Ch 376 Trucks, Parking of
- Ch 384 Motor Vehicles, Abandoned
- Ch 386 Motor Vehicles, Repair of
- Ch 390 Vehicles and Traffic
- Ch 395 Water
- Ch 398 Waterfront
- Ch 401 (Reserved)
- Ch 405 Zoning
- APPENDIX
- Ch A406 (Reserved)
- Ch A407 Plumbing Code Administration
- DISPOSITION LIST
- Ch DL Disposition List
[Adopted 8-6-1985, approved 8-9-1985 (Ch.
98, Art. II, of the 1984 Code)]
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
Pursuant to this article, there shall be established
a Sewer User Charge Review Board which shall be charged with the responsibility
of receiving, reviewing, investigating and determining the merit of
any grievance filed by a customer contesting the validity or amount
of the sewer user charge which has been levied against that customer
by the City of Kingston Water Department. The Sewer User Charge Review
Board shall consist of the members of the Board of Public Works and
shall be organized and exist in accordance with the rules for the
Board of Public Works. The Common Council has authorized the Board
of Public Works to handle Sewer User Charge Review Board matters.
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
The procedure for appealing a contested bill
shall be as follows:
A.
Any claim disputing the sewer user charge shall be
made and reviewed by the Mayor only if the contested bill has been
paid in full to the Kingston Water Department prior to the billing
due date.
B.
The customer shall file, in writing, a claim with
the Mayor prior to the billing due date for which bill the claim is
directed, and said written claim must indicate the bill which is being
contested, the amount which is being contested and the reason for
which said bill is being contested.
C.
Upon receipt of the written claim properly and timely
filed with the Mayor, the Mayor shall cause an investigation of the
claim to be conducted to determine the merit of the claim.
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
Within 60 days after receipt of the claim, the
Mayor shall decide on the merit of the claim and whether the customer
is entitled to a refund of all or a portion of the contested bill
previously paid. The Mayor shall notify the customer, in writing,
of the determination, and, in the event that the Mayor does not mail
the determination to the customer within 60 days after receipt of
the contested claim, the customer shall be entitled to 8% interest
per annum from the date the bill was paid on any amount that the Mayor
determines to be refundable to the customer.
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
In the event that the customer wishes to appeal
the determination of the Mayor, the sole appeal shall be an Article
78 proceeding commenced in accordance with the Civil Practice Law
and Rules.
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
In the event that the Mayor determines that
the customer is entitled to an adjustment in his billing for the sewer
user charge, the Mayor shall notify the Kingston Water Department
to adjust the billing in accordance with the determination of the
Mayor.
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
In the event that the Mayor determines that
the customer is entitled to a credit or refund, the Mayor shall notify
the Kingston Comptroller to issue a refund to the customer in the
amount as determined by the Mayor.
The appeals procedure for contested sewer user
charges as set forth in this article shall be the sole and exclusive
appeal procedure.
