[HISTORY: Adopted by the Board of Trustees of the Village of Canton 11-10-1975 by L.L. No. 5-1975 as Ch. 116 of the 1975 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Sewer use — See Ch. 259.
Water — See Ch. 318.
It is hereby determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the Village of Canton, New York, to levy and collect charges or rentals upon all lands and premises served by having connections with the sanitary sewerage system and by the sewage pumping, treatment and disposal works of said Village, as may now be constituted or as may hereafter be improved or extended. The proceeds of such charges or rentals so derived shall be for the use of the sanitary sewerage system and the pumping, treatment and disposal works of said Village as hereinafter provided.
As used in this chapter, the following terms shall have the meanings indicated:
SANITARY SEWAGE OR INDUSTRIAL WASTE
Any garbage which has been passed through a proper garbage disposal unit, offal or decomposable matter of any kind, water or any other liquid matter which can be chemically treated for discharge by the sewage disposal plan.
[As last amended 1-23-1995 by L.L. No. 2-1995]
For the purposes as provided in §§ 257-1 and 257-8 hereof, there is hereby levied and assessed upon each lot, parcel of land, building or premises having any sewer connection with the sanitary sewerage system of said Village, or otherwise, discharging sewage, industrial wastes, water or other liquids, either directly or indirectly into the Village sanitary sewerage system, a sewerage service charge or rental payable as hereinafter provided and in the amounts determinable as follows:
A. 
Within corporate limits. For any parcel of land, building or premises situate within the corporate limits of the Village of Canton not otherwise charged under special contract as provided by Canton Village Code Chapter 257, having connection to the Village sanitary sewage system, the sewage rate charge shall be based upon the quantity of water used, as measured by the Village water meter there in use, and shall be charged at the rates established by resolution of the Village Board of Trustees, as authorized by Subsection H of this section.
[Amended 8-19-1996 by L.L. No. 5-1996; 10-26-1998 by L.L. No. 18-1998; 7-17-2000 by L.L. No. 4-2000; 3-19-2001 by L.L. No. 1-2001; 6-20-2005 by L.L. No. 5-2005; 5-22-2007 by L.L. No. 15-2007]
B. 
Outside corporate limits.
[Amended 8-19-1996 by L.L. No. 5-1996; 10-26-1998 by L.L. No. 18-1998; 7-17-2000 by L.L. No. 4-2000; 3-19-2001 by L.L. No. 1-2001; 6-20-2005 by L.L. No. 5-2005; 5-22-2007 by L.L. No. 15-2007]
(1) 
For any lot, parcel of land, building or premises situate outside the corporate limits of the Village of Canton not otherwise charged under special contract as provided by Canton Village Code Chapter 257, having connection to the Village sanitary sewage system, the sewage rate charge shall be based upon the quantity of water used, as measured by the Village water meter, and shall be charged at the rates established by resolution of the Village Board of Trustees, as authorized by Subsection H of this section.
(2) 
For any parcel of land, building or premises situate outside the corporate limits of the Village of Canton but within the legally established bounds of a sewer district recognized and acceptable to the Village of Canton and having connection to the Village sewer system, the sewage rate charge shall be based on the quantity of sewage measured in such manner and by such methods as approved by the Village of Canton or its representatives, and shall be charged at the rates established by resolution of the Village Board of Trustees, as authorized by Subsection H of this section.
C. 
There shall be a minimum quarter-annual charge per size of the water meter as established by resolution of the Village Board of Trustees, as provided by Subsection H of this section.
[Amended 6-20-2005 by L.L. No. 5-2005; 5-22-2007 by L.L. No. 15-2007]
D. 
Special contract. For any lot, parcel of land, building or premises situate either inside or outside the corporate limits of the Village of Canton, connected to the Village sewerage system and having entered into a contract with the Village of Canton whereby the Village will convey, treat and dispose of its acceptable liquid wastes, said charge shall consist of a charge for operation and maintenance cost and may include a charge for capital cost recovery.
(1) 
The portion of the charge for operation and maintenance shall be determined by the application of a formula which shall apply the respective ratio of flow, biochemical oxygen demand strength and suspended solid loads of the waste which is the subject of the contract to the flow, biochemical oxygen demand strength and suspended solid loads of the waste treatment system as a whole to the percentage of total operating and maintenance cost attributable to the conveyance and treatment of the respective waste components for the system and multiply the total operation and maintenance cost by the sum of the products thus established, e.g.:
Contracted Flow
X
A
+
Contracted BOD
X
B
+
Total Plant Flow
Contracted SS
Total Plant BOD
X
C
X
Total O + M Costs
Total Plant SS
Where:
A, B and C are the percentage of operation and maintenance cost attributable to flow, BOD and SS, respectively.
(2) 
Costs and measurements used in the formula will be actual costs incurred by the Village of Canton, and measurements will be actual measurements, taken at least quarterly, in accordance with recognized acceptable measuring techniques at such times and places as the Village Superintendent shall designate. The exact formula to be used for a particular property shall be determined by the Village of Canton or its representatives.
(3) 
If the Village of Canton has or will expend funds for construction of a capital asset for the conveyance, treatment and disposal of liquid waste from property which is or will be the subject of a contract with the Village of Canton for the conveyance, treatment and disposal of liquid waste, the sewerage service charge shall include a charge for the recovery of that portion of the Village of Canton's capital costs for the construction attributable to the construction undertaken or to be undertaken for treatment of liquid wastes from the subject property. The annual capital cost recovery charge shall be determined by multiplying the total Village of Canton annual expenditures of tax revenues for the capital construction referred to in this section by the percentage of total construction which was or is to be undertaken for the treatment of sewage from the contracted property. This annual capital recovery charge shall be billed and paid in four quarterly installments as part of the sewer service charge authorized by the Village Code.
E. 
[1]The sewer service charge or rental provided in this chapter shall be payable quarterly at the office of the Village Clerk and, at the option of the Board of Trustees, may be made payable at the same time as the water bills in the Village in which the property is located or payable.
[1]
Editor's Note: Former Subsection E, regarding late charges, was redesignated to become Subsection F pursuant to L.L. No. 4-1985, adopted 4-30-1985.
F. 
In addition to the sewage service charge or rental provided in this section according to the rate specified herein, a further charge of 10% of such amount so determined shall be added thereto in each case of failure to make prompt payment, and the total thus obtained shall be the sewage service charge or rental in each such case.
G. 
Connection of users outside corporate limits; contract. The owner, lessor, or lessee of property outside the corporate limits of the Village of Canton, New York, may be allowed to connect with the sanitary sewerage system of the Village of Canton or otherwise discharge sewage, wastes, water or other approved liquids into the Village sanitary sewerage system and to be charged the same base sewer rates paid by Village users under the following conditions:
[Added 8-21-1998 by L.L. No. 10-1998]
(1) 
A general charge in addition to the base sewer rates shall be computed by multiplying the full value town assessment of the property by the applicable Village equalization rate, divided by the town equalization rate, to determine the effective assessed valuation. The effective assessed valuation shall then be multiplied by the existing Village tax rate, or as the same may be hereinafter established yearly, to be calculated as follows:
Outside user assessed value
x
(Village equalization rate)
(Outside user equalization rate)
x
Village Tax Rate
=
Nonresident Annual charge in lieu of taxes
(2) 
In the event the property is connected to the existing water mains of the Village of Canton and is being assessed a charge in accord with § 318-33D of this Code, the charge computed at Subsection G(1) above shall be deemed to be the same charge referred to at § 318-33D(1) and shall not be collected more than once annually.
(3) 
The charge computed at Subsection G(1) shall be assessed and collected at the same time as Village tax bills are assessed and collected on property within the Village of Canton.
(4) 
The owner, lessor or lessee of premises located outside the Village of Canton seeking connection to the sanitary sewerage system of the Village of Canton who desires to be and remain connected thereto and supplied with sewer service by the Village of Canton, New York, in connection therewith shall enter into a contract with the Village of Canton, New York, setting forth the terms and conditions under and by which sewer services will be furnished and supplied as follows:
CONTRACT
WHEREAS, the Village of Canton, New York, a municipal corporation duly organized and existing under and by virtue of the laws of the State of New York, has extended its sanitary sewerage system connections beyond the corporate limits of said Village; and
WHEREAS, the premises of the undersigned seeks connection to said sanitary sewerage system and the undersigned desires it to be and remain connected thereto and be supplied with sewer service by the Village of Canton;
NOW, THEREFORE, to induce said Village of Canton to furnish and continue to furnish and supply sewer services to the premises of the undersigned in connection with its connection to the Village's sanitary sewerage system, the undersigned covenants and agrees as follows:
1.
To pay for all sewer services supplied or furnished by said Village of Canton in connection with the connection to the Village sanitary sewerage system, at the same rate or rates now in effect or that may be hereafter established from time to time for consumers within the corporate limits of the Village of Canton, subject to the terms and conditions, regulations, penalties, rates and charges established by the Village Sewer Rates Ordinance or that may hereafter be established by any amendment, modification or revision of said Sewer Rates Ordinance.
2.
As an additional consideration to induce the Village of Canton to supply sewer services to the premises of the undersigned, the undersigned agrees to pay to the Village of Canton a general charge in addition to the base sewer rates, which shall be computed by multiplying the full value town assessment of the property by the applicable Village equalization rate, divided by the town equalization rate, to determine the effective assessed valuation. The effective assessed valuation shall then be multiplied by the current Village tax rate, as the same may be established yearly. The formula shall be as follows:
Outside user assessed value
x
(Village equalization rate)
(Outside user equalization rate)
x
Village Tax Rate
=
Nonresident Annual charge in lieu of taxes
Said payment shall be due and payable in the same manner and at the same time as the regular Village of Canton tax and shall be subject to the same fees and penalties.
3.
The undersigned covenants and agrees to consent and hereby does consent to the purchase and installation of a water meter on said premises and to permit representatives of the Village of Canton to enter upon said premises at all reasonable hours of the day for the purpose of reading said meter.
4.
The undersigned covenants and agrees to keep the sewer laterals and connections in good working order.
5.
The undersigned expressly covenants and agrees that he/she will not connect or extend or permit any other person or entity to connect or extend the sewer lateral running from the Village's line to said premises to any other premises.
6.
The undersigned covenants and agrees that the Village of Canton reserves the right to discontinue supplying sewer service to the premises of the undersigned without becoming subject to any liabilities or damages to the undersigned on default in the payment of any sewer bill when due or on the default in the performance of or the breach of any of the terms and conditions of this agreement. In the event of a water shortage, the supply of water for sewer service to the premises will be subject to limitation in accord with limitations imposed on other Village users.
7.
The undersigned covenants and agrees that the undersigned will indemnify and hold the Village of Canton harmless against any and all claims for damages arising out of or by reason of furnishing sewer service to the premises of the undersigned.
The undersigned expressly warrants that the undersigned is the owner in fee simple or is the lessor or lessee of the premises known as and designated as ____________________________ for which sewer service is to be furnished under this agreement.
It is mutually covenanted and agreed by and between the parties hereto that this agreement is not transferable or assignable to any other person, entity or successor owner, lessor or lessee, and it shall not run with the land.
The undersigned expressly covenants and agrees that the undersigned will notify the Village of Canton of any sale, transfer or exchange of the premises, or any leasehold therein, to which sewer service is supplied under this agreement.
The undersigned expressly covenants and agrees that any waiver by the Village of Canton for any default in performance of or breach of any of the terms and conditions of this agreement shall not constitute or be deemed a waiver of any subsequent default in performance or breach of condition.
The undersigned covenants and agrees that all the laws, ordinances, rules and regulations governing sewer service within the Village of Canton are hereby referred to and incorporated within this agreement with the same force and effect as if fully set forth herein.
Village of Canton, New York
By:
Mayor
Property Owner, Lessor or Lessee
(This agreement shall also be duly acknowledged in the manner prescribed by the laws of the State of New York.)
H. 
Sewage service charges within and outside the corporate limits of the Village of Canton shall be established and imposed, and may from time to time be amended and revised, by resolution of the Village Board of Trustees following public hearing and notice of same as may be required by the provisions of the New York General Municipal Law.
[Added 6-20-2005 by L.L. No. 5-2005; amended5-22-2007 by L.L. No. 15-2007]
For any lot, land, building or premises from which connection is made with the Village sanitary sewerage system or which begins to discharge sewage, any industrial wastes, water or other liquids into the Village sanitary sewerage system, either directly or indirectly, after this chapter becomes effective, a charge shall be made pursuant to this chapter, the same to be a per diem pro rata amount based upon a minimum rate per quarter from the time said sewer connection is made or such discharge into the Village sewerage system, either directly or indirectly, is begun, until the next following quarter period, except that should the measured service exceed the minimum charge, the corresponding measured rate or rates shall be charged.
The charge or rental levied and assessed by this chapter shall be payable in four quarterly payments in each year, as provided in § 257-3 hereof, provided that the amount of the rental payable for any lot or premises for the first payment period after this chapter becomes effective shall be determined on the basis of a per diem pro rata amount of the minimum charge herein established beginning with the date this chapter becomes effective, except that in those cases in which the metered or measured charge will exceed the minimum charge, the metered or measured charge shall be the basis.
[Amended 6-18-1984 by L.L. No. 8-1984]
Each charge or rental levied by or pursuant to this chapter shall be a joint and several charge against the property owner and against the occupant, consumer or user of the sewer system at the corresponding lots, lands or premises served by the connection to the sanitary sewerage system of the Village of Canton, New York. Each charge or rental levied by or pursuant to this chapter is hereby made a lien upon the corresponding lots, land or premises served by a connection to the sanitary sewerage system of the Village of Canton, New York, and such rent shall be a lien prior and superior to every other lien or claim, except the water rent or local assessment, and the Board of Trustees may bring and maintain an action in the name of the Village for the foreclosure of such a lien for the sewer rents in the event of the nonpayment thereof.
A. 
The charges of rentals levied pursuant to this chapter shall be collected by the Village Clerk of the Village of Canton, New York.
B. 
The Board of Trustees of the Village of Canton shall make and enforce such rules and regulations as it may deem necessary for the safe, economical and efficient management and protection of the Village sewerage system and the sewage pumping, treatment and disposal works, for the construction and use of house sewers and connections to the sewerage system, and for the regulation, collection, rebating and refunding of such charges or rentals.
The funds received from the collection of the charges or rentals authorized by this chapter 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 management, maintenance, 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.