[HISTORY: Adopted by the Town Board of the Town of Cortlandt 2-13-1996 as L.L. No. 1-1996. Amendments noted where applicable.]
Water Department — See Ch. 104.
Water — See Ch. 297.
The Town Board has from time to time granted permission for property owners whose properties are located geographically outside of the boundaries of an already existing town district to connect said property to either a water or sewer district to which they are adjacent.
In order to ensure that the payments to be made by said property owners are collected, the Town Board has determined to enact this chapter and set forth the procedures therein.
The Town Clerk shall hereafter maintain a permanent index of all agreements entered into by the town with respect to providing water and sewer services to properties located outside of an existing town water or sewer district.
The Town Clerk shall, upon the effective date of this chapter, obtain copies of all previously entered into agreements maintained by either the Water Department, Engineering, Planning, Code Enforcement or within her own department and shall set up a separate index and maintain therein a complete file of all said agreements.
On February 1 of each calendar year hereafter, the Town Clerk shall forward to the Receiver of Taxes of said town a listing of the names, addresses and tax identification numbers of all properties for which an agreement has been entered into to provide water or sewer service and the district for which the property is connected.
Upon receipt by the Receiver of Taxes of a listing of all properties that have been connected to a town water or sewer district, the Receiver shall determine, in consultation with the Town Assessor, the appropriate charges to be charged to said property owners for their respective water and sewer service. On or before April 1 of each year, the Receiver of Taxes shall forward to the respective property owners, together with their regular town tax bill, a bill representing the payment due by them for the water or sewer service being received by them for their property.
Said charge shall be due and payable by said property owner within the same time and within the same manner as the town tax bill forwarded to them. If said tax is not paid in a timely manner, then all of the same payment and collection procedures that are applicable to the collection of town taxes shall be applicable to the collection of the water and sewer bill hereunder and any unpaid amounts shall become a lien on said property in the same manner and in accordance with the same procedures governing the lien of properties for unpaid Town taxes.
Any property owner receiving water or sewer service in accordance with an agreement entered into hereunder shall be charged the same amount of money as if the property were located within the respective district. The Assessor shall determine, in conjunction with the Receiver of Taxes, the ad valorem charge on said property in the same manner and under the same method as the charge is determined for a property physically located within the boundaries of said district. With respect to water consumption, the Water Department shall bill said property owner in accordance with the same system as if said property were within the district and in accordance with the rate schedule as from time to time may be set by the Town Board.
Should any property owner fail or refuse to pay the amounts due hereunder, within six (6) months of their due date, then, upon thirty (30) days' written notice to said property owner, the Town Engineer may direct that the water or sewer service to said property be discontinued and said Town Engineer be and hereby is authorized to terminate said service by a physical disconnection of the property from the water or sewer main to which they are connected.
The Town Engineer and the Town Attorney are hereby directed from time to time to prepare and maintain a standardized agreement for use by the town with respect to any properties located outside of a water or sewer district to which water or sewer service may be provided. Said agreement shall be in a form that may allow it to be recorded with the Westchester County Clerk, and prior to the connection of service said agreement shall be recorded with said Clerk and shall become a burden upon the parcel and shall run with the land.