[Adopted 12-16-1963 (Ch. IX of the 1926 Code of Ordinances)]
As used in this Part 1, the following terms
shall have the meanings indicated:
The rent, rate or charge imposed or levied by the Village
of Groton, New York, for the use of the sanitary sewer system or any
part or parts thereof.
The sewer system owned and operated by the Village of Groton,
and shall include the sewage treatment plant and disposal works, sewer
pipes and all other appurtenances which are used or useful in whole
or in part in connection with the collection, treatment or disposal
of sewage, industrial wastes and other wastes and all extensions,
additions and improvements which may be made to such system.
All revenues imposed hereunder, together with
all interest and penalties thereon, shall be kept in a separate fund
to be known as the "Sewer Rent Fund."
[Amended 4-5-1999; 12-15-2008 by L.L. No. 2-2008; 1-25-2010 by L.L. No.
1-2010; 12-20-2010 by L.L. No. 3-2011; 4-16-2012 by L.L. No.
4-2012; 4-15-2013 by L.L. No. 4-2013; 4-11-2016 by L.L. No. 1-2016[1]; 4-3-2017 by L.L. No.
3-2017[2]; 4-16-2018 by L.L.
No. 2-2018[3]]
For the service rendered by the sewer system to the owners and
other users of real property within the corporate limits of the Village
connected with and served by the sewer system and for the payment
of the cost of construction, operation, maintenance and repair of
said system as hereinbefore defined, there is hereby established a
scale of sewer rents which, except as otherwise provided herein, will
be based upon the consumption of water used as indicating the extent
of the use of said system.
A.
The following scale of sewer rents is established and should be payable
for each bimonthly period:
(1)
For the first 800 cubic feet of water used in any bimonthly period
or any minor fraction of 800 cubic feet of water used, the rate shall
be $40.80, this being the minimum charge.
(2)
For all water used in any one bimonthly period in excess of 800 cubic
feet and not exceeding 70,000 cubic feet, the rate for each 100 cubic
feet or any minor fraction thereof shall be $5.10.
(3)
For all water used in any one bimonthly period in excess of 70,000
cubic feet, the rate for each 100 cubic feet or minor fraction thereof
shall be $4.
B.
1n any event, the minimum charge for each separate meter shall be
$40.80 for each bimonthly period; except that when the amount of water
used by any owner or occupant shall have reached at least 20,000 cubic
feet in any one bimonthly period, then the minimum charge thereafter
for such owner or occupant for each bimonthly period shall be computed
by applying the scale of rents hereinbefore established to an amount
equivalent to 75% of the highest number of cubic feet of water consumed
in any one bimonthly period for a period of 12 bimonthly periods immediately
preceding the bimonthly period for which the minimum charge is made.
C.
Meters.
(1)
The use of the sewage system, as indicated by the amount of water
used, shall be based on readings of water meters, where installed.
Any owner or occupant who does not use water supplied by the Village
or is using water supplied by the Village but is also obtaining water
from other sources and discharging the same into the Village sewer
system shall make application, on a form to be supplied by the Village,
for the use of a sewage meter, of a kind and size to be specified
by the Village and obtained from the Village, to measure the amount
of sewage discharging from the property. The Village shall have the
right to inspect the installation of the meter prior to its use. Meters
shall be installed, maintained and repaired at the expense of the
applicant. All meters, whether water or approved sewage meters, are
read bimonthly. The present reading dates are in the months of January,
March, May, July, September and November.
(2)
Meters will remain the property of the Village but the owner of the premises in which a meter is installed shall be entitled to permanent use of said meter, subject to the requirements of this Part 1 and subject to compliance with Part 1 by the owner or other users of the premises. Such owners shall be required to pay for such use a charge (referred to as a "meter charge") which shall be equivalent to the current cost to the Village of such meter. No part of the meter charge will be refunded upon any discontinuance of sewer service. If a sewage meter must be replaced due to the failure of the owner to properly use, operate or maintain same, a separate meter charge will be due for the replacement meter. If a sewage meter fails for any reason other than an owner's failure to properly use, operate or maintain the same, no additional meter charge will be due. For purposes of this section, negligent or intentional acts or failures to act that result in damage to a sewage meter shall be deemed to be a failure to properly use, operate or maintain the sewage meter, and the owner shall be responsible for any such negligent or intentional acts by the owner or any other person other than an agent of the Village acting in his or her capacity as agent of the Village. Meter charges shall be deemed to be part of the sewer use charge and shall be included in the sewer use bill issued by the Village with respect to the premises.
(3)
For the period in which no sewage meter is installed and operating
on any property or cannot be installed thereon, or if such sewage
meter has ceased to register or has registered inaccurately, the charge
for the use of the sewerage facilities shall be based on such equitable
basis as the Village may determine, which shall take into account
previous usage and charges, if any, and all other pertinent information
and factors in the discretion of the Village.
[1]
Editor's Note: This local law also provided that the
revised sewer rents be effective on and after May 1, 2016.
[2]
Editor's Note: This local law also provided that the revised
sewer rents be effective on and after May 1, 2017.
[3]
Editor's Note: This local law also provided that the revised
sewer rents be effective on and after May 1, 2018.
[Amended 7-17-1989 by L.L. No. 4-1989; 12-10-1990 by L.L. No.
2-1990; 4-15-1991 by L.L. No. 2-1991; 4-15-2013 by L.L. No.
4-2013]
A.
Sewer rents shall be due and payable at the office of the Village
Clerk. Sewer rents shall be billed during the months of January, March,
May, July, September and November of each year. Sewer rent bills shall
be due and payable on the due date designated on the bill. If a sewer
rent bill is not paid on or prior to its due date, a late payment
penalty in the amount of 10% of the amount of the bill will be added
to, and become a part of, the amount due.
B.
While bills will be delivered or mailed by the Village Clerk, the
failure of any owner or other user to receive a bill promptly shall
not excuse nonpayment of the same when due as herein provided, and
in the event that the owner or other user fails to receive a bill
promptly, he shall obtain the same at the office of the Village Clerk.
C.
The Village Clerk, or other person authorized by the Board of Trustees,
shall keep a record of all owners of real property within the Village
of Groton, and bills shall be mailed to the owners of such property
at the same address to which Village tax bills are mailed, unless
the owner of the property shall direct the Village, in writing, on
forms which can be obtained from the Village Clerk's office,
to mail such bills to him or to his agent at any other address. If
bills for sewer rents and charges are mailed to a person other than
such owner and such bills are not paid, such owner shall nevertheless
be liable for the payment of all sewer rents and charges, including
penalties and interest.
D.
If sewer rents or charges are not paid within 60 days from the date on which they are due, the Board of Trustees may cause a notice to be delivered or mailed to the owner, addressed as provided for in Subsection C above, 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 water service or the sewer service, or both, shall be discontinued without further notice, and at the expiration of such period, the Board of Trustees or the duly designated employees or officers of the Village may enter on said premises and cause the water service or the sewer service or both to be disconnected and discontinued. A charge of $25 will be made for discontinuing and $25 for reconnecting each of such services on account of nonpayment of sewer rents, the collection of which charge or charges shall be made and shall be enforceable in the same manner as sewer rents.
E.
A separate charge shall be made and a separate bill shall be rendered
for each water meter or sewage meter when there is more than one such
meter on any one property or structure. Each unit for which there
is a separate water or sewage meter shall be deemed to be a separate
sewer service account and will be billed separately even if there
is but one sewer connection with the structure or property in which
said unit is located.
F.
The minimum charge for sewer rentals established by this Part 1 shall
be charged even if the property is unoccupied and no consumption of
water is shown on the water meter or if no sewage is discharged into
the sewer system.
[Amended 7-17-1989 by L.L. No. 4-1989]
[Added 7-17-1989 by L.L. No. 4-1989]
A.
The Board of Trustees may bring an action, as upon
a contract, to collect sewer rents in arrears, including any penalties
and interest, which may from time to time be adopted, from any owner
or occupant served by the sewer system or from any other user of said
system.
B.
Sewer rents shall constitute a lien upon the real
property served by the sewer system, and such lien shall have such
priority over and superiority to every other lien or claim as is permitted
by law.
C.
The collection of such sewer rents and the enforcement
of any such lien shall be in accordance with the statutes pertaining
to such collection and enforcement.
D.
Any costs and expenses or other charges incurred by the Village of Groton 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 Part 1 or any other ordinance, statute or provision of law shall be collected in the manner provided for the collection of sewer rents in this section and shall be a lien upon the property and enforceable in accordance with the provisions of this Part 1.
Any duly authorized officer, employee, contractor
or agent of the Village or other person duly authorized by the Village
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 Part 1.
