[HISTORY: Adopted by the Town Board of the Town of Somers as indicated
in article histories. Amendments noted where applicable.]
[Adopted 2-9-2006 by L.L. No. 4-2006[1]]
[1]
Editor's Note: This local law was originally adopted as Ch. A176,
but was redesignated to maintain the alphabetical style of the Code.
The purpose of this article is to establish and impose sewer rents for
all users of the sewer system of Somers Sewer District No. 1 pursuant to the
authority of Article 14-F of the General Municipal Law.
This article may be cited as the "Somers Sewer Rent Law."
A.
Established. In addition to any other fees or charges
provided by law, the owner of any parcel of real property discharging or depositing
wastes into the Somers Sewer District No. 1 sewers shall pay a sewer service
charge proportional to the liquid volume of wastes so deposited, which shall
be collected as rent.
B.
Establishment of sewer rent. The sewer rent (which shall
be called the "User Unit Charge") is computed as follows:
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Total User Unit Charge per gallon = OM/Qt
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Where the terms are defined as follows:
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OM = Total annual Somers Sewer District No. 1 Operation and Maintenance
budgeted costs.
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Qt = Total annual flow of the Somers Sewer District No. 1 system obtained
from the prior year's water meter readings.
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C.
Basis of charge. The volume of flow to be used in computing the individual sewer service charge shall be based upon actual metered water consumption as shown on the records of meter readings maintained by the Amawalk Shenorock Water Department times the user unit charge as computed in § 140-3B above and approved by the Town Board. In the event that person(s) discharging wastes into the Somers Sewer District No. 1 produces evidence to the Town Engineer, demonstrating that a substantial portion of the total amount of the metered water does not reach the Somers Sewer District No. 1 system, then the Town Engineer shall either establish a percentage of the total metered water to be used as a basis for such computations, or require that a separate water measuring device be installed to measure the actual amount of flow into the Somers Sewer District No. 1, at the owners expense.
A.
Bills will be mailed to the owner on a quarterly basis.
Checks or money orders for the payment of sewer charges shall be made payable
to Somers Sewer District No. 1. Water meters will be read and bills rendered
at regular quarterly intervals. Sewer bills for the previous quarter shall
be due and payable within 30 days. If bills remain unpaid at the end of 60
days after they become due, the water may be shut off and shall not be turned
on again until the bill is paid. The cost to turn the service back on will
be as set forth in the fee schedule duly adopted by the Town Board.
B.
The payment of sewer bills must include all arrears and
charges to date. No payment will be received which leaves a previous charge
unpaid.
C.
Unpaid sewer rents shall constitute a lien upon the real
property for which they have been established and imposed. Pursuant to General
Municipal Law § 452 (3), 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 imposed by or for the State or political subdivision or
district thereof. Delinquent sewer rents and penalties shall be enforced in
the manner provided for in § 452 (4) of the General Municipal Law.
As used in this article, the "sewer system" for which the sewer rents
are established shall mean and include all pipes and other appurtenances,
including pumping stations and disposal works used in whole or in part in
connection with the collection, or disposal of sewage, industrial waste and
other wastes, and which are owned, operated or maintained by Somers Sewer
District No. 1.
All revenues derived from sewer rents shall be credited to a special
fund, to be known as the "Sewer Rent Fund" and shall be used for the purposes
and in the manner provided under Article 14-F of the General Municipal Law.
If any provision of this article or the application thereof to any person
or circumstance is adjudged invalid by a court of competent jurisdiction,
such judgment shall not affect or impair the validity of any other provision
of this article or the application thereof to other persons or circumstances.
