[Enacted by Local Law No. 2-2019 (December 16, 2019).]
[1]
Editor's Note: Former Art. XV, Area of Assessment for Local
Improvements, was repealed 11-19-1964 by L.L. No. 4-1964.
The systems for the collection of sewage, including all mains,
pumping stations, appurtenances or other facilities, which are owned,
operated and maintained by the City of New Rochelle, whether in or
outside the City.
A schedule of annual charges established and imposed by the
City of New Rochelle for the use of the sanitary sewer and stormwater
systems.
The record owners of improved real properties located in
the City of New Rochelle.
Any improved property classified as residential on the Assessor's
records, including 1, 2 and 3 family homes, apartments, condominiums
and co-ops; whereby each dwelling unit is one unit.
Any improved property not considered residential, except
hotels; the fee for which is based upon parcel size, as follows:
< .2 acre: 1 unit.
|
.21 - .5 acre: 2 units.
|
.51 - 1 acre: 3 units.
|
1.01 - 2 acres: 4 units.
|
Over 2 acres: 5 units.
|
Hotel: 1 residential unit for each hotel room.
|
A.Â
All improved property owners, as defined herein, shall be liable
for fees as enacted.
B.Â
Municipal properties shall be exempt from the obligation to pay sanitary
sewer and stormwater fees.
C.Â
Property owners shall pay an amount based upon the use of the property;
residential properties and hotels shall fund 93% of the total cost
of improvements and operations and nonresidential properties other
than hotels, shall fund 7% of such costs. The fees shall be calculated
based upon units as defined herein.
D.Â
Annual costs of sanitary sewer and stormwater systems. The annual
operation and maintenance costs of the sanitary sewer and stormwater
systems shall be determined as part of the City's annual budget. The
annual costs shall include, but not be limited to:
A.Â
Personnel
services, including salaries and fringe benefits.
B.Â
Contractual
services.
C.Â
Repairs
and replacement to the sanitary sewer and stormwater systems.
D.Â
Materials
and supplies.
E.Â
Utilities.
F.Â
Building
repair and maintenance.
G.Â
Equipment.
H.Â
Testing
and sampling.
I.Â
Insurance.
J.Â
Indebtedness.
K.Â
Auditor's
fees.
L.Â
Reserve
fund.
M.Â
Contingency.
N.Â
Other
related costs.
A.Â
All fees shall become due and payable without penalty in accordance
with the City property tax collection schedule.
B.Â
The sanitary sewer and stormwater fee for each improved real property
containing units in the City shall be billed for each calendar year
as a separate line item on an annual real property tax bills for each
such tax assessment lot.
C.Â
If a sanitary sewer and stormwater fee is not timely paid when due,
interest shall accrue on such unpaid amount at the rate of 2% per
calendar month of or portion thereof computed from the original due
date until paid in full and shall be collected at the time of payment
or enforcement of such sanitary sewer and stormwater fee.
E.Â
If a sanitary sewer and stormwater fee including
accrued interest thereon is not fully paid on or before November 30
of the calendar year for which originally billed, the unpaid amount
shall, pursuant to the procedures set forth in Section 120-cc of the
General Municipal Law, become a lien as of January 1 of the next succeeding
year and shall accrue additional interest, be collected, and be enforced
in the same manner and at the same time as provided by law for City
taxes due in such next succeeding year.
A property owner may apply to the Finance Commissioner for review
of any determination made by the City or entity to which billing authority
has been designated. Determinations by the Finance Commissioner are
subject to judicial review pursuant to Article 78 of the New York
Civil Practice Law and Rules.
Should any section or provisions of this chapter be adjudged
by a court of competent jurisdiction to be unconstitutional or otherwise
invalidated, such judgment shall not affect, impair or invalidate
the remainder of this chapter, and it shall be construed to have been
the legislative intent to enact this chapter without such unconstitutional
or invalid parts therein.