This chapter shall be known and may be cited
as the “Town of Ithaca Sewer Rent Law.”
For the purposes of this chapter, unless otherwise
provided in this chapter, the definitions set forth in § 451
of the General Municipal Law shall be controlling.
[Amended 12-7-2009 by L.L. No. 24-2009]
Pursuant to Subdivision 12-a of § 209-q of the Town
Law, Paragraph (l) of Subdivision 1 of § 198 of the Town
Law, and Article 14-F of the General Municipal Law, the Town hereby
establishes and imposes sewer rents for the use of the sewer system
or for any part or parts thereof and establishes and imposes such
sewer rents as a minimum charge. Pursuant to the aforementioned laws,
the Town Board shall set from time to time by resolution such sewer
rents and charges. Such resolutions shall be adopted after a public
hearing upon five days’ public notice.
The Town Engineer may require each owner and/or
occupant of real property within the Town connected to the Town-wide
sewer facilities to furnish such information as may be necessary and
reasonable in order to carry out the provisions of this chapter. Any
duly authorized officer, employee, contractor, or agent of the Town
or other person duly authorized by the Town, including employees or
other persons associated with the Southern Cayuga Lake Intermunicipal
Water Commission, shall be permitted to enter on any property at reasonable
hours for the purpose of reading meters, inspecting, disconnecting,
repairing or for any other purposes reasonably necessary to carry
out the provisions or purposes of this chapter.
Any costs and expenses or other charges other
than those hereinbefore described, incurred by the Town because of
any repair or other work to the sewer system or otherwise for which
the owner of any property served by or connected with the sewer system
is obligated under this chapter or any other local law, ordinance,
statute or provision of law, shall be collected in the manner provided
for the collection of sewer rents in this chapter, and shall be a
lien upon the property and enforceable in accordance with the provisions
of this chapter, or any other applicable provision of law.
[Amended 5-9-2022 by L.L. No. 9-2022]
A. Correction of errors. If any owner of real property on which a sewer
rent or charge has been imposed deems themself aggrieved because an
error has been made in computing such sewer rent or charge, or in
applying such sewer rent or charge to the property, they may file
an application for a refund of all or part of such sewer rent or charge.
Such application shall be verified by the owner and shall set forth
the amount of refund sought and the grounds therefor. Such application
shall be presented to the Town Board of the Town, which may refund
all or part of such sewer rent or charge if it determines that an
error has occurred. The Town Board shall make findings to support
its determination. Any such application shall be filed within 60 days
of the time the applicant learns of the claimed error, or within four
months of the date of the bill claimed to be in error, whichever is
earlier. The Town Board may, for good cause shown, extend the time
for the filing of such application if circumstances show the charges
are patently unfair and that the applicant had a reasonable basis
for not timely filing the application for correction of the error.
B. Refunds for leaks. The Town Board may, by resolution, establish and
revise from time to time a policy for refunds due to leaks. All refund
requests due to leaks shall be governed by any such policy.
Any revenues derived by the Town of Ithaca from
the sewer rents, including penalties and interest, shall be deposited
in a special fund to be known as the “Sewer Rent Fund.”
Monies in such fund shall be used for the payment of the necessary
management, maintenance, operation, repair and financing of any sewer
improvement or service provided by the Town or the Town-wide sewer
improvement area, including any payment required to be made by the
Town to any contracting municipality for such purposes, including
interest and penalties. Except as otherwise stated in this chapter,
at any time, any surcharges on said sewer rents shall be used for
the costs of sewer operations as above defined and shall be specifically
designated for such purpose in the Sewer Rent Fund. Moneys in the
fund shall be used to pay the Town's share of the operating and maintenance
costs and capital costs, to the extent authorized by law and the Town
Board, related to collection, transmission and treatment of sewage
and for any other purpose authorized by General Municipal Law § 453
as the same may be amended from time to time.
This chapter shall apply to all properties in
the Town outside the Village of Cayuga Heights that are connected
to any sewer system operated by the Town, including the Town-wide
sewer system.
If any part or provision of this chapter or
the application thereof to any person or circumstance be adjudged
invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the part or provision or application
directly involved in the controversy in which such judgment shall
have been rendered and shall not affect or impair the validity of
the remainder of this chapter or the application thereof to other
persons or circumstances.