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HomeMy WebLinkAboutLL 03 of 2004 Amending & Restating Sewer Rent Law.pdf 1 Town Board Meeting 2/9/04 Agenda Item TOWN OF ITHACA LOCAL LAW NO. 3 OF THE YEAR 2004 A LOCAL LAW AMENDING AND RESTATING THE TOWN OF ITHACA SEWER RENT ORDINANCES AND RELATED LOCAL LAWS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Title. This Local Law shall be known and may be cited as the Town of Ithaca Sewer Rent Law. Section 2. Purpose and Intent. A. The Town of Ithaca (the “Town”) has established, by duly adopted procedures, a Town- wide sewer improvement area and a Town-wide Town of Ithaca-Ithaca Area Wastewater Treatment Plant Improvement Area as an addition to the Town-wide sewer improvement area. 2. The Town, by the ordinances and local laws referred to below in this local law, has established sewer rents for the purposes permitted by, and in accordance with, General Municipal Law Article 14-F, Town Law Sections 130, 133, 198, and 209-q. 3. The Town wishes to clarify and consolidate the various ordinances and local laws into one restated sewer rent law. 4. The Town hereby finds and determines that the most equitable manner of collecting funds from the various properties within the Town served by its sewer system (the “Improvement Area”) to defray the costs of operating, maintaining, and financing the Town’s sewer system and the Ithaca Area Wastewater Treatment Plant is to be based, to the extent reasonably possible, upon the consumption of water on the premises connected with and served by the said Improvement Area. All other costs of expenditures for operating and maintaining the facilities of said Improvement Area shall continue to be computed and assessed upon benefitted real property pursuant the process conducted by the Town annually for the purpose of making such assessments as the same may be applied and modified from time to time hereafter. Section 3. Definitions. For the purposes of this local law, unless otherwise provided in this local law, the definitions set forth in section 451 of the General Municipal Law shall be controlling. Sewer Rent Local Law Restatement & Amendment; WP8.0; Hal; JCB Ithaca Local Laws & Ordinances; June 7, 2016 (12:04PM) 2 Section 4. Sewer Rents A. Imposition. Pursuant to subdivision 12-a of section 209-q of the Town Law, paragraph (l) of subdivision 1 of section 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. 2. Computation. 1. Effective January 1, 1987, there is hereby imposed a sewer rent payable by all users connected to the Townwide sewer system at a rate of $.77 per 100 cubic feet of water consumed. Commencing effective January 1, 1990, such sewer rent shall be increased to $.85 per 100 cubic feet of water consumed. Commencing effective January 1, 1991, such sewer rent shall be increased to $.90 per 100 cubic feet of water consumed. Commencing January 1, 1994, such sewer rent shall be $1.35 per 1,000 gallons of water consumed. Commencing January 1, 1995, such sewer rent shall be $1.95 per 1,000 gallons of water consumed. Commencing January 1, 1996, such sewer rent shall be $2.20 per 1,000 gallons of water consumed. 2. In addition, and notwithstanding the foregoing rate structure, there shall be a minimum base charge for regular quarterly bills sent after January 3, 1994 in the amount of $13.50. Commencing January 1, 1995 the minimum base charge for regular quarterly bills will be $15.60. Commencing January 1, 1996, the minimum base charge for regular quarterly bills will be $17.60. 3. Multiple housing and mobile home parks of over two dwelling units, using a master water meter, will be computed as follows: The quarterly master water meter reading will be divided by the number of dwelling units and the sewer rent charge will be figured on this number as if the unit was individually metered. The sewer rent will then be multiplied by the number of units on the master water meter and this will be the billing rendered and the amount payable. If the calculation of the water consumed per dwelling unit is less than the amount that would be permitted before exceeding the minimum sewer rent set forth above, then the billing will be calculating by multiplying the number of units served by the master water meter times the minimum sewer rent set forth above (e.g., if there were twenty dwelling units on the master meter, and the total water consumption shown by the master meter was 100,000 gallons, the sewer rent payable would be $352.00 (20 units times $17.60) rather than $220.00 (100,000 gallons at $2.20/1,000 gallons) ). 4. The charges set forth above shall be effective with respect to bills rendered on or after the effective dates set forth above, even if the measurement is for consumption prior to the above effective dates (i.e., any bill rendered after Sewer Rent Local Law Restatement & Amendment; WP8.0; Hal; JCB Ithaca Local Laws & Ordinances; June 7, 2016 (12:04PM) 3 January 1, 1996 shall be calculated at the rate of $2.20/1,000 gallons even if the sewer use occurred prior to January 1, 1996.) 5. In the event a property is connected to public sewer, but is not connected to a water meter, and is a not a one or two family dwelling, the sewer rate shall be based upon estimated water consumption as reasonably determined by the Town Engineer based upon recognized methods of estimating typical consumption for the type of facility involved (e.g. gallons per day per bedroom). If such property is a one or two family dwelling, the sewer rent shall be $37.60. Section 5. Cooperation by Owner of Real Property. 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 local law. 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 local law. Section 6. Payment and Collection; Liens for Unpaid Sewer Rents. 1. All rents and charges due hereunder shall be payable quarterly and shall be paid to the Town Clerk of the Town at the Town Offices at 215 North Tioga Street, 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 Town. 2. The Town Clerk or other person authorized by the Town Board shall keep a record of all properties within the Town which are connected to the Town-wide water system and the Town-wide 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 Town or other entity performing water billing services for the Town, and at the address appearing on said water bill. If property is connected to the Town-wide sewer system but not to a Town operated water system, unless the property owner has directed the Town 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 non-payment thereof, nor shall it operate as a waiver of the penalty herein prescribed. Notwithstanding any other provision in this Ordinance, all sewer rents, surcharges or other fees or charges relating to sewer service, shall be a charge against the owner of the premises connected with the Town-wide sewer system, and such owner shall be liable for the payment of all such rents and charges, including penalties and interest. 3. In the event any sewer rent is not paid within 30 days of the date of the bill, there shall be Sewer Rent Local Law Restatement & Amendment; WP8.0; Hal; JCB Ithaca Local Laws & Ordinances; June 7, 2016 (12:04PM) 4 added a penalty of 10% for late payment. 4. If sewer rents or other charges payable hereunder are not paid within 60 days from the date on which they are due, the Town Supervisor or other person designated by the Town Supervisor may cause a notice to be delivered or mailed to the owner or to any other person designated by the owner addressed to the address to which bills are to be sent, and to the occupant of the premises, addressed at the premises, stating the amount due and demanding payment thereof within a period of at least 10 days of the date of the notice and stating that if such payment is not made, the sewer service shall be discontinued, without further notice, and, at the expiration of such period the Town Supervisor, or any employee or officer of the Town designated by the Town Supervisor, or the Town Board, or any person referred to in Section 5 above, may enter on said premises and cause the sewer service to be disconnected. 5. 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. 6. The Town 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 Town 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 Town and County Tax in accordance with the provisions of Article 14-F (subdivision 4 of Section 452) of the General Municipal Law, or any amendment thereof. Section 7. Collection of Other Costs. 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 local law 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 local law, and shall be a lien upon the property and enforceable in accordance with the provisions of this local law, or any other applicable provision of law. Section 8. Correction of Errors. If any owner of real property on which a sewer rent has been imposed deems himself or herself aggrieved because such real property is not served by the sewer system or an error has been made in computing such sewer rent, he or she may file an application for a refund of all or part Sewer Rent Local Law Restatement & Amendment; WP8.0; Hal; JCB Ithaca Local Laws & Ordinances; June 7, 2016 (12:04PM) 5 of such sewer rent. 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. Any such application shall be filed within sixty days of the time the applicant learns of the claimed error, and in any event within four months of the date of the bill claimed to be in error. 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. Section 9. Sewer Rent Fund. 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 local law, 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 Muncipal Law Section 453 as the same may be amended from time to time. Section 10. Applicability. This Local Law 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. Section 11. Separability Clause. If any part or provision of this Local Law 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 Local Law or the application thereof to other persons or circumstances. Section 12. Superseding and Amending of Prior Ordinance and Local Laws. 1. Town of Ithaca Sewer Rent Ordinances adopted by the Town Board on August 11, 1969, and July 10, 1972, and Local Law Number 6 of the year 1986 entitled “A LOCAL LAW TO ESTABLISH SEWER RENTS IN THE TOWN OF ITHACA SEWER IMPROVEMENT AREA” adopted to be effective January 1, 1987, as amended by Local Sewer Rent Local Law Restatement & Amendment; WP8.0; Hal; JCB Ithaca Local Laws & Ordinances; June 7, 2016 (12:04PM) 6 Law Number 7 of the year 1989, by Local Law Number 12 of the year 1990, by Local Law Number 11 of the year 1993, by Local Law Number 7 of the year 1994, by Local Law Number 12 of the year 1995, by Local Law Number 4 of the year 1997, and by any other ordinances or local laws amending any of the foregoing, are all hereby amended and restated to read as set forth in this Local Law effective upon the effective date of this Local Law. To the extent the provisions of said earlier ordinances and local laws conflict with the Local Law as set forth herein, this Local Law shall govern. 2. Notwithstanding the foregoing, the sewer rents in effect prior to the effective date of this amended and re-stated Town of Ithac Sewer Rent Law shall continue in effect for the purposes of determining any amounts due for sewer rents during the periods referred to in said prior local laws and ordinances. Section 13. Effective Date. This Local Law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law.