[HISTORY: Adopted by the Town Board of the
Town of Greece 11-4-2004 by L.L. No. 2-2004. Amendments noted where
applicable.]
GENERAL REFERENCES
Sewers and sewage disposal — See Ch. 164.
This chapter shall be known and may be cited
as the "Town of Greece Sanitary Sewer Rent Local Law."
The Town Board of the Town of Greece hereby
finds and determines that the most equitable manner of collecting
funds from the various properties within the Town served by its sanitary
sewer system, hereinafter referred to as the "system," is to calculate
sewer rents based upon the consumption of water on the premises connected
with and served by said system.
For the purposes of this chapter, the definitions
set forth in § 451 of the General Municipal Law shall be
controlling.
A.
Imposition. Pursuant to Subdivision 1 of § 198
of the Town Law and pursuant to Article 14-F of the General Municipal
Law, the Town hereby establishes and imposes sewer rents for the use
of the system or any part or parts thereof and establishes and imposes
such sewer rents as a minimum charge and a water use surcharge on
the real property using the system within the boundaries of the sanitary
sewer districts and extensions thereof.
B.
District boundaries.
(1)
The boundaries of the sanitary sewer district and
its extensions are as follows:
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Beginning at a point, said point being on the
shores of Lake Ontario at the intersection of the northwest corner
of the Town of Greece and the northeast corner of the Town of Parma;
thence, (1) southerly along the west boundary line of the Town of
Greece, said line being the east boundary line of the Towns of Parma
and Ogden, for a distance of 56,072 feet, more or less, to a point,
said point being the southwest corner of the Town of Greece and the
northwest corner of the Town of Gates; thence, (2) easterly along
the south boundary line of the Town of Greece, and part of a boundary
of the City of Rochester for a distance of 24,104 feet, more or less,
to a point, said point being the intersection of the southeast corner
of the Town of Greece and an angle point in the westerly boundary
of the City of Rochester; thence, (3) generally north along the various
courses comprising the easterly boundary of the Town of Greece and
the westerly boundary of the City of Rochester, for a distance of
43,920 feet, more or less, as measured along the various courses comprising
the last mentioned boundaries to a point on the shore of Lake Ontario,
said point being the northeast corner of the Town of Greece and the
northwest corner of the City of Rochester; then, thence (4) northwesterly
along the various courses along the shoreline of Lake Ontario which
courses form the northerly boundary of the Town of Greece, a distance
of 48,800 feet, more or less, as measured along said courses, to the
point and place of beginning; being intended to describe the entire
area within the boundaries of the Town of Greece.
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(2)
The boundaries described above are intended to include
all the property within said boundaries shown on the map of the system
on file in the Town Clerk's Office; intending to include the remaining
portions of Town not currently within any sewer district boundaries.
C.
Computation. The sanitary sewer rent shall be calculated
on the basis of water consumption data, as provided to the Town of
Greece by the Monroe County Department of Environmental Services,
Division of Pure Waters. This charge is subject to change based on
the financial obligations of the districts.
All sewer rents imposed hereunder shall be due
and payable in the same manner and at the same time as the combined
Town and county taxes are due and payable, which is traditionally
the 10th day of February of each year.
If any owner of real property on which a sewer
rent has been imposed deems himself aggrieved because such real property
is not served by the system or an error has been made in computing
such sewer rent, the owner may apply for a refund of all or part 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, which may refund
all or part of such sewer rent.
Sewer rent shall constitute a lien upon the
real property served by the system or such part or parts thereof for
which sewer rents are hereby established and imposed. The lien shall
be prior 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
Revenue derived from sewer rent, including penalties
and interest, shall be credited to the Town's sanitary sewer fund.
Moneys in the fund shall be used to maintain and improve the system.
