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City of Rye, NY
Westchester County
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Table of Contents
Table of Contents
Code
New Laws (4) Index
[Adopted 12-18-1963 by L.L. No. 9-1963; amended in its entirety 10-4-2017 by L.L. No. 4-2017]
A. 
Pursuant to Article 14-F of the General Municipal Law, there is hereby established and imposed a plan of sewer rents applicable to the City of Rye's sanitary sewer system. Such plan shall consist of annual charges against properties that utilize the City's sewers. The annual sewer rents as provided for in this chapter shall be applied to pay the costs of the operation, maintenance, upkeep, repair and replacement of the sanitary sewer system. The purpose of this article is to preclude the cost of the sanitary sewer system from being funded solely from the property tax and to more equitably distribute such cost on all properties, including tax exempt properties.
B. 
In addition to any charges provided by law, the owner of any real property within the City of Rye served by a sewer system maintained by a municipality other than the City of Rye shall pay to the City of Rye a sewer rent for the use of such sewer system. Such sewer rent shall be at the rate of $210 per connection thereto or shall be such pro rata amount allocable to such property as the City of Rye shall be required to pay for the use of such sewer system.
For the purpose of this article, the definitions set forth herein shall be controlling:
SANITARY SEWER SYSTEM
The system for the collection of sewage, including all sewer mains, pumping stations, appurtenances or other facilities, which are owned, operated and maintained by the City of Rye, whether in or outside the City.
SEWER RENTS
A schedule of annual charges established and imposed by the City of Rye for the use of the sanitary sewer system.
SYSTEM USERS
The record owners of real properties that have sanitary facilities which discharge into the sanitary sewer system, whether the properties are located in or outside of the City of Rye.
TOTAL WATER CONSUMPTION
The total volume of water delivered to a property by the water source for which a sewer user is responsible. The total volume of water shall be the sum of the volume of water metered by, or otherwise calculated by, the water source
WATER CONSUMPTION
The consumption of water, measured in hundreds of cubic feet (CCF); one CCF equals 748 gallons.
WATER SOURCE
Any entity that delivers water to a property such as United Water Westchester or its successors in interest or assigns.
All sewer rents imposed hereunder shall be levied, connected and enforced in the same manner and at the same time as provided for the collection and enforcement of City taxes. If such sewer rents are not paid when due, it shall be the duty of the City Comptroller to charge and collect interest thereon at the same rates specified for the collection of City taxes. Such sewer rents shall constitute a lien upon the real property served by such sewer system, and such lien shall be prior and superior to every other lien or claim except the lien of an existing tax, assessment or other lawful charge.
A. 
Sewer rent. System users shall pay an amount based on the actual water consumption as determined by the water source using a water meter or other measuring device, or an estimated amount if the water source is unable to obtain a reading.
B. 
Adjustment. System users may apply to the City Manager for an adjustment of the amount of water consumption. Such application shall in writing, accompanied by any prescribed filing fee, and include all evidence to support the degree and amount of water usage that is claimed to be applied for uses that do not result in discharges into the sanitary sewer system. The Manager may grant an adjustment on an appeal as provided hereinafter, but in no event shall such adjustment exceed 10% of the water consumption.
C. 
Changes. The initial rate of the sewer rent shall be established by resolution of the City Council after public hearing on five days' notice. Subsequent changes to the rate of the sewer rent and amount of penalty shall be made in the same manner.
The annual operation and maintenance costs of the sanitary sewer system shall be determined as part of the City' budget process. The annual costs shall include, but not be limited to:
A. 
Personnel services, including salaries and fringe benefits.
B. 
Contractual services.
C. 
Repairs and replacement to the sanitary sewer system.
D. 
Materials and supplies.
E. 
Utilities.
F. 
Building repair and maintenance.
G. 
Equipment.
H. 
Testing and sampling.
I. 
Insurance.
J. 
Indebtedness.
K. 
Auditor's fees.
L. 
Reserve Fund.
M. 
Contingency.
A. 
System users shall be billed by the City or entity to which billing authority has been designated on a frequency established by the City.
B. 
Sewer rents shall be paid to the City of Rye.
C. 
Sewer rent bills shall be sent to system users to the address to which real estate bills would be sent.
(1) 
The failure of a system owner to receive a bill shall not excuse nonpayment thereof, nor shall it act as a waiver of a penalty imposed herein prescribed.
(2) 
A system user that intends to convey property shall notify the City or entity to which billing authority has been delegated sufficiently in advance of the closing title for a final reading and new ownership information.
D. 
System users may be afforded the option of receiving e-bills or direct deposit of payments. System users may request that a tenant receive bills, and such additional notice may be given as an accommodation.
E. 
Any adjustments granted, issued or agreed upon with regard to actual water consumption shall be indicated to system users and reflected in the next succeeding bill.
Revenues derived from sewer rents, including interest, shall be credited to a special fund to be known as the "Sewer Rent Fund." Moneys in such fund shall be used for the payment of charges the City of Rye shall be required to pay for the use of such system.
The property of the City of Rye is solely exempt from the obligation to pay sewer rent.
Together with United Water Westchester, the City of Rye has petitioned the New York State Public Service Commission for authorization to contract with the water company to utilize its water consumption data, perform billing functions, as well as provide any other services necessary to administer this chapter. Similarly, the City of Rye has petitioned the Westchester Joint Water Works Board to utilize its water consumption data, perform billing functions, as well as provide any other services necessary to administer this chapter for those users receiving water from Westchester Joint Water Works.
The owner and occupant of real property served by such sewer system shall be subjected to the rules and regulations of the City of Rye and the municipality maintaining such sewer system relating to the use of such sewer system, insofar as applicable.