[Amended 10-12-1992 by L.L. No. 2-1992[1]]
There is hereby established and imposed a quarterly sewer charge on all users to be determined by multiplying the rate charges times the actual or estimated metered water used as set forth in § 155-45 of this Part 2. This charge shall be billed on or about January 4, April 4, July 4 and October 4 of each year. The rates shall be established by the Village Board of the Village of Cuba Village as it deems appropriate from time to time, except the charges shall be as stated in § 155-54 of this Part 2, as may be amended, effective with the next start of metered water charges for a particular billing date immediately after the effective date of this chapter until changed by the Village Board of Trustees.
A.
Payments. All sewer charges are to be paid at the office of the Village
Clerk and shall be made within 30 days of the date of mailing of the
statement to the property owner, without discount or penalty. After
said thirty-day period, a penalty of 5% shall be added to the amount
of the sewer rent statement, plus one-half of one percent (1/2 of
1%) for each additional month that the sewer rent remains unpaid.
B.
Unpaid sewer rents. Sewer charges shall constitute a lien upon the
real property within the village. Sewer charges which remain unpaid
for a period of at least 60 days may be relevied against said property
with the annual village tax in the same fashion as unpaid water charges
are collected with village taxes.
C.
First payments. The first payment of sewer charge shall be due and
payable for the first complete water meter reading period that the
property owner had sewer service available and in each quarterly billing
thereafter, after the effective date of this Part 2.
D.
Property owner's responsibility for payments. Notwithstanding
the provision herein for mailing notice of sewer rent charges, failure
of any user or property owner to receive a bill promptly shall not
excuse nonpayment of the same, and in the event that said property
owner or user fails to receive a bill promptly, he/she shall, upon
request made to the Village Clerk, during regular Village Clerk office
hours, be furnished with such notice or a duplicate of such notice.
The village will not employ a sewer rent collector, and such collections
and the payment of sewer rentals shall be made at the office of the
Village Clerk, and the Village Clerk and the Village Treasurer are
hereby authorized to issue receipts for such payment.
E.
Collections of delinquent rents; discontinuance of service. If sewer
charges are not paid when due as herein provided, a notice of at least
10 days shall be sent to such user at the last address available on
the books of the village demanding payment by said user or property
owner or advising that the sewer service and/or water service are
subject to discontinuance. After the expiration of the period specified
in such notice and in conformance with this Part 2, such sewer service
and/or water service may be discontinued by the village without further
notice. All sewer charges remaining due and unpaid at the time the
annual village tax levy is made shall be included therein pursuant
to the General Municipal Law and levied against the real property
on which the same has been used and shall be collected and enforced
with and in the same manner and at the same time as other village
taxes.
Unpaid sewer charges shall constitute a lien upon the real property
served by the sewer system or such part or parts thereof for which
sewer charges shall have been imposed as and from the first day fixed
for the payment of such sewer charges. The lien shall be prior and
superior to every other lien or other claim except the lien of an
existing tax, assessment or other lawful charge imposed by or for
the State of New York or a political subdivision or district thereof.
[Amended 10-12-1992 by L.L. No. 2-1992[1]]
The village hereby establishes and imposes sewer charges to
be collected in accordance herein. The Table of Rents of sewer charges
is on file in the office of the Village Clerk.
A.
A dwelling unit shall be a separate part, area or compartment of
a residential property and shall be such a part or area as would generally
afford living accommodations for one or more persons without necessity
of using the kitchens, bath and toilet rooms of other parts of the
same dwelling. Real property which is used for multiple-dwelling units
and which has only one water meter will be required to pay sewer rentals
determined by dividing the metered water consumption for the meter
reading period by the number of dwelling units on such real property
serviced by such single meter, and such calculation will determine
which rate applies to each dwelling unit. The applicable rate will
then be multiplied by the number of dwelling units serviced by such
meter, and the sewer rental shall be charged accordingly. In cases
where any such additional dwelling unit of a residential
property is used exclusively for the care and maintenance of a parent,
grandparent, child or grandchild of the owner of said real property,
the rule herein provided for additional sewer rental charges from
a single water meter serving several dwelling units shall not apply;
however, such sewer rentals shall be billed as for a multiple-dwelling
unit with a single water meter. Should the owner of said real property
wish, he/she shall present himself/herself to the Village Clerk during
regular Village Clerk hours and make affirmation, under the penalties
of perjury, that such additional dwelling unit is used for the care
and maintenance of such real property owner's parent, grandparent,
child or grandchild. Upon receipt of such affirmation, the Village
Clerk shall thereupon recalculate the amount of sewer rental due based
upon a single dwelling unit consumption.
B.
In cases where the single-meter, several-dwelling-units rule applies
and where there are three or more dwelling units, one of which qualifies
as the dwelling unit for the place of care and maintenance of a parent,
grandparent, child or grandchild of the owner of the real property
and one or more of which do not qualify for such classification, the
sewer rental charge shall be determined by division of the total number
of dwelling units into the amount of water consumed, and then the
amount chargeable against the separate dwelling unit or units which
do not qualify for exemption shall be deducted from the total and
the balance recalculated as a single dwelling unit.
C.
In order for the owner of real property to be entitled to this special
provision for several dwelling units with a single meter which allows
him/her a special reduced rate for the care and maintenance of a parent,
grandparent, child or grandchild, the property owner must actually
reside at and live at the real property affected.
A.
Any user who feels his/her user charge is unjust and inequitable
may make written application to the Village Board requesting a review
of his/her user charge. Said written request shall, where necessary,
show the actual or estimated average flow and/or strength of his/her
wastewater in comparison with the values upon which the charge is
based, including how the measurements or estimates were made.
B.
Review of the request shall be made by the Village Board, and, if
substantiated, the user charges for that user shall be recomputed
based on the revised flow and/or strength data, and the new charges
shall be applicable to the next billing cycle/period.
