Village of Blasdell, NY Part 2 Sewer Rents

[Adopted 8-21-1985 as L.L. No. 2-1985]

Article X Sewer Usage Charge System

§ 198-53 Purpose.

It has been determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the Village of Blasdell, New York, to construct, operate and maintain a wastewater treatment facility and a related sanitary sewage system, and to finance the wastewater treatment facility and the related sanitary sewage system, as it may now be constructed or hereafter improved, the Village of Blasdell will levy and collect charges and rentals from all users.

§ 198-54 User rates.

[Amended 6-17-1987 by L.L. No. 1-1987; 6-15-1988 by L.L. No. 2-1988]

It is hereby levied and assessed upon each user of the Blasdell wastewater treatment facility and/or its sanitary sewage system, a sewer user charge in an amount determinable as follows:

A. For any user situated within the corporate limits of the Village of Blasdell, New York, said charge or rental shall be based upon the quantity of water used thereon or therein as the same is measured by the village water meter there in use, and there shall be a charge as set by the Board of Trustees for each thousand gallons of metered water used.

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. A complete schedule of fees is on file in the office of the Village Clerk and may be examined there during regular office hours.

B. For any user situated outside the corporate limits of the Village of Blasdell, said charge or rental shall be based upon a written contract with the Village of Blasdell and such user, which shall provide therein for the sewer user charges.

C. In the event that a user, whether inside or outside the corporate limits of the Village of Blasdell, is not using water supplied by the Village of Blasdell, New York, then in each such case the amount of water so used shall be otherwise measured or determined by the Board of Trustees of the Village of Blasdell, New York, in order to determine the sewerage service charge or rental provided in this Part 2, or the owner or other interested person, at his expense, may install and maintain a water or sewer meter acceptable to the Village of Blasdell, New York, for said purpose.

D. In case there exists a user concerning whom the Board of Trustees finds that it is not practicable to measure such wastes by meter, it shall measure such wastes by such methods as it may find practicable in the light of the conditions and attendant circumstances of the case in order to determine the sewerage service charge or rental for such user.

E. The sewer user charge or rental provided for in this Part 2 shall be payable quarterly commencing October 1, 1985, at the office of the Village Clerk. At the expiration of 30 days from the due date, an additional charge of 10% of the amount due shall be added. In the case of nonpayment of charges for sewer use for a period of 60 days, the flow of the delinquent consumer may be shut off upon reasonable notice that sewer service is subject to discontinuance after expiration of the period specified in said notice. A charge as set by the Board of Trustees will be made for discontinuing, and a charge as set by the Board of Trustees will be made for reconnecting such service on account of nonpayment of sewer user charges, which charge or charges will be treated as sewer user charges.

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. A complete schedule of fees is on file in the office of the Village Clerk and may be examined there during regular office hours.

§ 198-55 Inspection of wastes.

It shall be the duty of the Superintendent of Public Works to make a survey annually or at such other times as may be required by the Board of Trustees to determine whether there is being discharged into the sewer system from any real property within or without the corporate limits of the village, sewage or other waste which, in the opinion of such Superintendent, contains unduly high concentrations of solids or any other substance adding to the operating costs of the sewer system. Upon the completion of such survey, he shall file with the Board of Trustees a report of his findings, indicating whether additional sewer rent charges should be levied for such sewage or other waste, and if so, he shall set forth recommended charges for the same. The Board of Trustees is authorized to fix and determine such additional sewer rent charge therefor as shall be equitable, in addition to the sewer rents provided for by the preceding sections of this Article.

§ 198-56 Allocation of funds.

The funds received from the collection of the charges or rentals authorized by this Part 2 shall be deposited by the Village Treasurer and shall be accounted for and be known as the "Sewer Fund" and shall be kept as a separate and distinct fund. This fund shall be used for the payment of the cost of the expenses, management, operation and repair of the sewerage system, including treatment and disposal works, and any surplus of such funds may be used for the enlargement or replacement of the same and for the payment of the interest on any debt incurred for the construction of said sewerage system, sewage pumping, treatment and disposal works and for the retirement of such debt, but shall not be used for the extension of a sewerage system to serve unsewered areas or for any purpose other than one or more of those above specified.

§ 198-57 Charges or rents to be lien on property.

Sewer use charges or rents shall be liens against real property within the village and, where permissible by law, against real property outside the village. Said liens are prior and superior to any other claim or lien, except a lien of existing tax or local assessment.

§ 198-58 Charges or rents not to be taxes.

None of such sewer use charges or rents shall be deemed a tax against any real property.