HomeMy WebLinkAboutLocal Law filing 8 - Sewer Rents establishing from units to consumption.pdf
New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza, 99 Washington Avenue
Albany, NY 12231-0001
www.dos.state.ny.us/corps
Local Law Filing
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use italics or
underlining to indicate new matter.
County City Town X Village
(Select one:)
of _____Village of Cayuga Heights____________________________________________
Local Law No. ___8______ of the year 2011___
A local law
(Insert Title) A Local Law Amending Article XII, Sewer Rents, of the Village of Cayuga Heights Articles
Be it enacted by the ____Board of Trustees________________________________ of the
(Name of Legislative Body)
County City Town x Village
(Select one:)
of ______ Village of Cayuga Heights _____________________________________________ as follows:
See Attached Page 1A
(If additional space is needed, attach pages the same size as this sheet, and number each.)
Village of Cayuga Heights
A LOCAL LAW AMENDING ARTICLE XII, SEWER RENTS, OF THE VILLAGE
OF CAYUGA HEIGHTS ARTICLES
Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows:
Section I. PURPOSE AND INTENT.
The purpose of this local law is to amend Article XII, Sewer Rents, of the Village of Cayuga Heights
(the “Village”) Articles and to set forth the terms and provisions for the collection of sewer rents for the
purpose of producing revenue, such revenue to be used as hereinafter provided. The Village hereby finds
and determines that the most equitable manner of collecting funds from the various properties within the
Village served by its sewer system is to charged based upon the consumption of water on the premises
connected to and served by the Village sewer system. The sewer system or the part or parts of the sewer
system for which such rents shall be established and imposed are as follows:
(a) The sewage treatment and disposal works with necessary appurtenances including
pumping station, and the extension, enlargement, or replacement of or additions to such sewage
treatment plant; and
(b) The operation, maintenance, and repairs of the entire Village of Cayuga Heights sewer
system, including the sewage treatment plant and the collection system.
Section II. AUTHORITY.
This Local Law is enacted pursuant to the grant of powers to local governments provided for in (i)
Section 10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with the
provisions of the New York State Constitution or not inconsistent with any general law relating to its
property, affairs, government or other subjects provided for in said Section 10 of the Municipal Home
Rule Law, (ii) General Municipal Law Article 14-F, (iii) General Municipal Law Sections 451 and 452,
and (iv) Village Law Article 14.
Section III. AMENDMENT OF ARTICLE XII, SEWER RENTS.
As of the effective date of this Local Law, Article XII of the Village’s Articles shall be deleted in its
entirety and replaced with the following language:
SECTION 1. Establishment of Rents and Amounts
The Village hereby establishes and imposes sewer rents for the use of the sewer system or for
any part or parts thereof and establishes and imposes a minimum sewer rent charge. The manner
of collecting funds from various properties within the Village served by the sewer system is to be
based upon the consumption of water, as measured by the Village or its agent by water meter or
similar device, on the premises connected to and served by the Village’s sewer system. Pursuant
to the aforementioned laws, the Village Board shall, from time to time, set by resolution such
sewer rents and charges. Such resolutions shall be adopted after a public hearing upon five days’
public notice.
Page 1A
SECTION 2. Minimum Charge
There shall be a minimum base charge for regular quarterly bills in an amount equal to the sewer
rents based upon 10,000 gallons of water consumption, regardless of actual usage. For the
treatment of trucked or hauled waste, there shall also be imposed a minimum base charge equal
to the sewer rents based upon 10,000 gallons of water consumption, regardless of the size of the
deposit,. Any such treatment must be separately permitted by the Village Board and comply with
all rules and regulations of the Village.
SECTION 3. Cooperation by owner of real property
The Village Engineer may require each owner and/or occupant of real property within the
Village connected to the Village sewer facilities to furnish such information as may be necessary
and reasonable in order to carry out the provisions of this Article. Any duly authorized officer,
employee, contractor, or agent of the Village or other person duly authorized by the Village,
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 Article.
SECTION 4. Payment and collection; liens for unpaid sewer rents
A. All rents and charges due hereunder shall be payable quarterly together with the billing for
water service and shall be billed on the following dates each year: February 1st for billing period
10/16 – 1/15, May 1st for billing period 1/16 -4/15, August 1st for billing period 4/16 – 7/15 and
November 1st for billing period 7/16 – 10/15. Sewer rents and charges shall be paid to the
Village Clerk at the Village Offices at 836 Hanshaw Road, Ithaca, New York, except for such
rents and charges which are due and payable to any other entity to whom billing authority for
sewer rents has been given or delegated by the Village.
B. The Village Clerk or other person authorized by the Village Board shall keep a record of all
properties within the Village which are connected to the Village water system and the Village
sewer system, and sewer bills shall be mailed to the owner or any other person to whom a water
bill is addressed, billed, or mailed by the Village or other entity performing water billing services
for the Village, and at the address appearing on said water bill.
If property is connected to the Village sewer system but not to the Village water system, unless
the property owner has directed the Village in writing to use a different address, the sewer rent
bill shall be sent to the address to which real estate tax bills for the property are sent. The failure
of any owner or other user to receive a bill shall not excuse nonpayment thereof, nor shall it
operate as a waiver of the penalty herein prescribed. Notwithstanding any other provision in this
Article, all sewer rents, surcharges or other fees or charges relating to sewer service, shall be a
charge against the owner of the premises connected to the Village sewer system, and such owner
shall be liable for the payment of all such rents and charges, including penalties and interest.
C. In the event any sewer rent is not paid within 30 days of the date of the bill, there shall be
added a penalty of 10% for late payment.
Page 2A
D. Sewer rents and any other charges payable hereunder shall constitute a lien on the real
property served by the sewer system. The priority of such lien and the enforcement thereof shall
be in accordance with Article 14-F of the General Municipal Law which presently provides that
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 enforced by or for the state or a political subdivision or district
thereof.
E. The Village may bring an action a) as upon contract, for sewer rents, surcharges thereto, and
all other charges incurred by the owner of property in connection with sewer service, which are
in arrears, together with interest and penalties thereon, or b) to foreclose liens for such sewer
rents and surcharges. Also, in the alternative, the Village Board may cause any unpaid sewer
rents, surcharges, or other charges to be levied and collected in the same manner and in the same
time as the Village tax in accordance with the provisions of Article 14-F (Subdivision 4 of § 452)
of the General Municipal Law, or any amendment thereof.
SECTION 5. Collection of other costs.
Any costs and expenses or other charges other than those hereinbefore described, incurred by the
Village because of any repair or other work to the sewer system or otherwise for which the
owner of any property served by or connected to the sewer system is obligated under this Article
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 Article, and shall be a lien upon the property
and enforceable in accordance with the provisions of this Article, or any other applicable
provision of law.
SECTION 6. Correction of errors.
V9 6.20.11
Page 3A
(Complete the certification in the paragraph that applies to the filing of this local law
and strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. __8_of 2011_ of
the (County)(City)(Town)(Village) of Cayuga Heights was duly passed by the
Board of Trustees on August 8 20_11__, in accordance with the
applicable(Name of Legislative Body) provisions of law.
2. (Passable by local legislative body with approval, no disapproval or repassage after
disapproval by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. ___ of 20 ___ of
the (County)(City)(Town)(Village) of ___________ was duly passed by the
on 20___, and was (approved) (not approved)
(Name of Legislative Body)
(repassed after disapproval) by the ___________________ and was deemed duly adopted on (Elective Chief Executive Officer*)
on ______________________ 20____, in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. ___ of 20 ___ of
the (County)(City)(Town)(Village) of ___________ was duly passed by the
on 20___, and was (approved) (not approved)
(Name of Legislative Body)
(repassed after disapproval) by the ___________________ and was deemed duly adopted on (Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a (mandatory)(permissive)
referendum, and received the affirmative vote of a majority of the qualified electors voting
thereon at the (general)(special)(annual) election held on ______________________ 20____,
in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was
filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated a s local law No. _______ of 20
____ of
the (County)(City)(Town)(Village) of __________ was duly passed by the
on 20___, and was (approved) (not approved)
(Name of Legislative Body)
(repassed after disapproval) by the __________________ on _________ 20____. Such local (Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum
was filed as of __________________ 20 ____, in accordance with the applicable provisions of
law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if
there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town wh ere
such officer is vested with the power to approve or veto local laws or ordinances.
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. ___of 20 ___ of
the City of __________ having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a
majority of the qualified electors of such city voting thereon at the (special)(general) election
held on ________________ 20_____, became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. ___ of 20 ___ of
the County of _________State of New York, having been submitted to the electors at the
General Election of November ______ 20 ____, pursuant to subdivisions 5 and 7 of section 33
of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of the cities of said county as a unit and a majority of the qualified electors of
the towns of said county considered as a unit voting at said general election, became
operative.
(If any other authorized form of final adoption has been followed, please provide an
appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this
office and that the same is a correct transcript therefrom and of the whole of such original local
law, and was finally adopted in the manner indicated in paragraph ________ above.
____________________________________
Clerk of the county legislative body, City, Town or Village Clerk
or officer designated by local legislative body
(SEAL) Date: _______________________________
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney,
Village Attorney or other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF TOMPKINS
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had or taken for the enactment of the local law annexed hereto.
___________________________________
Signature
_______________________________________________
Title
County
City
Town of _______________________________________
Village
DATE: ________________________________________