[HISTORY: Adopted by the City Council of the City of Canandaigua 12-7-2023 by L.L. No. 5-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded former Ch. 564, Sewer Rents, adopted 12-5-2013 by L.L. No. 2-2013; 12-4-2014 by L.L. No. 5-2014.
As a means of producing revenue for operation and maintenance of the sewer system of the City of Canandaigua, it is necessary to establish and impose charges for the use of said system, or to any portion of said system. This sewer rent is enacted pursuant to Article 14-F of the General Municipal Law of the State of New York.
A. 
As used in this chapter, the following terms shall have the meanings indicated:
SEWER SYSTEM
The sewer system of the City of Canandaigua includes all sewer pipes and other appurtenances which are used or are useful in connection with the collection, treatment, or disposal of sewage, industrial waste, and other wastes which are owned, operated or maintained by the City of Canandaigua, including sewage pumping stations and sewage treatment and disposal works and private on-site wastewater disposal, if any.
PART
As used in relation to the term "sewer system" - All lateral sewers, or all branch sewers, or all interceptor sewers, or all trunk sewers, any sewage treatment and disposal works, and private on-site wastewater disposal systems, each part with necessary appurtenances including pumping systems.
B. 
The terms "sewage," "industrial wastes," and "other waste" shall have meanings as set forth in § 451 of the General Municipal Law, as the same may be amended from time to time.
A. 
Sewer rent charges shall be based either 1) upon the consumption of water on the premises connected with and served by the sewer system, or any part or parts thereof, or 2) upon the basis of actual discharge to the sewer system. Such actual discharge shall be based upon the measurement of an actual flow measuring device recording the actual flow of sewage to the sewer system.
B. 
No user may elect to pay sewer rent charges on the basis of actual discharge unless a flow-measuring device and control manhole have been installed and approved by the Director of Public Works. Such approval of the flow-measuring device and control manhole shall be based upon measuring devices and shall be subject to periodic inspection, testing, and reading by the Director of Public Works. The cost of installation, maintenance and testing of the flow measuring device and control manhole shall be borne solely by the system user.
C. 
Sewer rent charges shall be $6.0712 per 1,000 gallons of a) water consumption or b) measured sewer discharge during the period for which any statement is rendered; provided, however, that the minimum quarterly charge shall be $68.
A. 
Billing of sewer rents shall be quarterly with bills due on the first day of the month in which the bill is mailed. Each bill shall be for the preceding quarter.
B. 
Payment of the sewer rents shall be made within 20 days of rendering of the bill without penalty (or the next business day if the 20th falls on a weekend or holiday).
C. 
Any payment received 20 days after billing shall accrue a 15% penalty of the amount due. Bills are considered rendered upon mailing.
D. 
In April of each year, the amounts of all past due bills from the preceding year, plus penalties, shall be certified by the City Clerk/Treasurer and shall be collected and enforced in the same manner and at the same time as provided by law for the collection and enforcement of City taxes.
A. 
Revenues derived from sewer rents, including penalties, shall be credited to a special fund for the sewer system, to be known as the "City of Canandaigua Sewer Fund." Monies in such fund shall be used in the following order:
(1) 
For the payment of the costs of operation, maintenance, and repairs of the sewer system or such part or parts thereof for which sewer rents have been established and imposed.
(2) 
For the payment of the interest on and amortization of, or payment of, indebtedness which has been or shall be incurred for the construction of sewage treatment and disposal works with necessary appurtenances including pumping stations, or for the extension, enlargement, or replacement of, or addition to, such sewer system, or part or parts thereof.
(3) 
For transportation charges imposed by any other municipality or entity for the transport of sewage via such other municipalities sewer mains, interceptors or lines.
B. 
Such revenues from sewer rents shall not be used 1) to finance the cost of any extension or any part of a sewer system (other than any sewage treatment or disposal works with necessary appurtenances including pumping stations) to serve unsewered areas if such part has been constructed wholly or partly at the expense of the real property especially benefited, or 2) for the payment of the interest on, and the amortization or payment of, indebtedness which is to be paid in the first instance from assessments upon the benefited real property.
Any amendments to or other action taken affecting such sewer rents shall be accomplished in the same manner as provided in Article 14-F of the General Municipal Law for the original establishment of sewer rents.
This chapter shall take effect immediately upon filing with the Secretary of State.