[Adopted 3-14-1983 by L.L. No. 1-1983 (Ch.
46, Art. XI of the 1975 Code)]
[Amended 10-22-2012 by L.L. No. 7-2012]
It is the legislative intent of the Town Board
of the Town of Blooming Grove to establish and impose sewer use charges
("sewer rents") and/or benefit assessments to pay for the cost of
operation and maintenance of the sewer system utilized by properties
within each of the respective Town sewer districts.
As used in this article, the following terms
shall have the meanings indicated:
The activities required to assure the dependable and economical
function of a Town sewer district's sewer system. The term "operation
and maintenance" may include repair and replacement. In addition,
where the amount of sewer rents and/or benefit assessments collected
exceeds the amount necessary to pay the annual cost of operation and
maintenance of the sewer system, then the excess may be spent to pay
for debt service and/or capital improvements.
[Amended 10-22-2012 by L.L. No. 7-2012]
Expenditures for obtaining and installing equipment, accessories
or appurtenances which are necessary during the useful life of the
sewage treatment facilities to maintain the capacity and performance
for which such facilities were designed and constructed.
Those capital improvements for the collection, transport,
treatment and discharge of sewage which have been constructed for
or whose use has been contracted for the benefit of properties within
the Consolidated Sewer District No. 1.
A scale of annual charges established and imposed by the
Town Board for the use of sewage treatment facilities.
The quantity of usage of the sewage treatment facilities
determined by the Town Board to be attributable to different classifications
of property within the Consolidated Sewer District No. 1.
Any owner of real property within the district who is depositing
or is required to deposit sewage into the district's facilities.
[Amended 10-22-2012 by L.L. No. 7-2012]
A.
The Town Board is authorized to establish and impose sewer rents for the use of each respective Town sewer district's sewer system. No person or entity possessing, owning, occupying, leasing or using any property in a sewer district shall discharge any sewage, water or anything whatsoever into the sewer system of the district, unless the sewer rents attributable to that property have been paid. Violation of this provision shall constitute a violation of this chapter and shall be subject to the penalties and other remedies set forth in Article III of this chapter.
B.
Sewer
rents shall be established, and may be amended from time to time,
by resolution of the Town Board after a public hearing.
C.
The Town
Board is authorized to charge sewer rents by placing the annual sewer
rents charge, or any portion thereof, on the real property tax bill
of each property receiving service in a sewer district. The Town Board
may determine, by resolution adopted after a public hearing, the particular
sewer district(s) for which sewer rents shall be charged on the real
property tax bill of each property receiving service in that particular
sewer district. If the Town Board subsequently determines that the
total sewer rents collected or charged on the tax bills of the properties
in a particular sewer district will not be sufficient to pay for the
operation and maintenance costs for that year, the Board may charge
additional sewer rents to each property receiving service in the sewer
district in order to pay for such operation and maintenance costs.
The amount of such additional sewer rents shall be determined by resolution
of the Town Board after a public hearing.
D.
If the
sewer rents charge is not placed on the real property tax bill, then
sewer rents shall be billed quarterly, semiannually or other time
period as determined by resolution of the Town Board.
The basis of the charges for sewer rents shall
be the following schedule of units of use:
|
Schedule of Units of Use
| |
|---|---|
|
Number of Units
| |
|
Single-family dwelling
|
1
|
|
Two-family dwelling
|
2
|
|
Dwelling with office/home occupation
|
2
|
|
Commercial establishments—five or fewer
occupants (occupant means owner, manager or employee)
|
1
|
|
For each additional 5 occupants or part thereof
|
1
|
|
Apartment unit
|
1
|
|
Restaurant:
| |
|
20 seats or less
|
3
|
|
21 seats to 75 seats
|
4
|
The cost of all flows not directly attributable
to users shall be distributed among all users in the sewer district
in the same manner that the costs of operation and maintenance are
distributed among all users in the sewer district for their actual
use. Any increased costs associated with the management of effluent
and/or sludge and any treatment works caused by the discharge of toxic
pollutants shall be paid for by those users discharging the toxic
pollutants.
The annual charge for sewer rents for a user
shall be the total annual operation and maintenance budget (O&M)
divided by the total number of units of use (TU) multiplied by the
numbers of units of use (UU) attributable to the user; i.e.:
 |
The Town shall review the sewer rent charges
for the calendar year 1984 and not less often than once every two
years thereafter. The review shall consist of an analysis of the total
cost of operation and maintenance of the sewage treatment facilities
and the wastewater contribution of the users and user classes. Based
on that review, the Town Board shall revise, if necessary, the sewer
rent charges to accomplish the following:
A.
Generate sufficient revenue to pay the total operation
and maintenance costs necessary to effect the proper operation and
maintenance of the treatment facilities;
B.
Maintain the proportionate distribution of operation
and maintenance costs among users and user classes as attributable
to actual use; and
C.
Determine the application of any excess revenue collected
to either the reductions of the next year's charges or the establishment
of the capital reserve fund to be used for contingencies, replacement
or necessary improvement.
A.
Sewer rents shall be payable and collected in equal
quarterly payments in advance, on the first day of each and every
January, April, July and October.
B.
Each user shall be notified annually, in conjunction
with a regular bill, of the rate and that portion of the user charges
which are attributable to wastewater treatment services.
Sewer rents may be paid at any time within 30
days from the date they become due without penalty. In the event that
the sewer rents are not paid within 30 days, a penalty of 10% shall
be added. An additional penalty of 10% shall be added to any sewer
rents remaining unpaid 30 days after the date when the next quarterly
payment is due. Such penalties shall constitute additional sewer rents.
Sewer rents shall constitute a lien upon the
real property to which they are attributable. 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 shall 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.
This sewer rent article shall take precedence
over any terms or conditions of agreements or contracts between the
Town and users (including industrial users, special districts, other
municipalities or federal agencies or installations) which are inconsistent
with the requirements of federal regulations now pertaining.
