[HISTORY: Adopted by the Board of Trustees of the Village of Liverpool as indicated in article histories. Amendments noted where applicable.]
Excavations in streets — See Ch. 327.
[Adopted 10-26-1987 by L.L. No. 5-1987 (Ch. 111 of the 1987 Code)]
The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the Village of Liverpool and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer, are hereby required, at their expense, to install suitable plumbing facilities therein and to connect such facilities directly to the public sewer in accordance with the New York State Uniform Fire Prevention and Building Code (9 NYCRR) applicable to plumbing, as modified and interpreted by the Onondaga County Department of Health, within 180 days after the date of official notice to make such connection, provided that such public sewer is within 100 feet of the property owner's lot line.
Where a public sanitary sewer is not available under the provisions of § 295-1 of this article, the building plumbing shall be connected to a private sewage disposal system complying with the Onondaga County Sanitary Code regulations.
Any person who shall fail to install the sewer system as required in § 295-1 or 295-2 above, upon written order of the Village Code Enforcement Officer, shall be punishable as provided in § 1-12 of Chapter 1, General Provisions, for each officer, and each week that such violation continues shall constitute a separate offense.
If any section, paragraph or portion of this article shall be declared invalid by any court of competent jurisdiction, it shall be limited to the clause, paragraph, section or part thereof declared invalid, and the remainder of this article shall remain in full force.
[Adopted 3-14-1991 by L.L. No. 1-1991 (Ch. 112 of the 1987 Code)]
The sewer system for which such rents are hereinafter established and imposed is more particularly described in drawings on file in the office of the Superintendent of Public Works entitled "Village of Liverpool, New York, Sanitary Sewer Details, dated January 1930, by Albert G. Cord, Civil Engineer," plus any additions thereto or extensions thereof within the corporate limits of the Village as may from time to time be authorized by the Board of Trustees of the Village.
The sewer rental charge will be based upon the type of premises being serviced by the sewer system on a unit rate basis. Charges will be made for each family unit or each business establishment within each building. Billings for multiple-family dwellings will be on the basis of each family unit. One or more persons using or operating a cook stove upon which their food is prepared shall be considered a "family unit." A business establishment is any individual, firm, corporation or association regularly established and doing business under the laws of the State of New York.
The rental rates shall be equal to the unit rate multiplied by the following unit multipliers established for that portion of the sewer system within the corporate limits of the Village as follows:
Unless otherwise specifically stated in Subsection A above, the minimum sewer rental unit multiplier shall be one unit within the corporate limits.
The unit rate shall be determined by dividing the total annual sewer rents necessary for the operation and maintenance of the sewer system by the total number of units being served. The total number of units served is equal to the summation of the number of establishments under each type of usage multiplied by the unit multiplier for that type of usage. The annual unit rate is then divided by two to obtain the semiannual rate.
Sewer charges shall be billed annually on October 1. No rebate will be allowed on sewer rental bills because of vacancy or unoccupancy.
[Amended 7-27-1992 by L.L. No. 4-1992]
Charges for sewer service will be made from the time the tap is made to the sewer main until the location is destroyed or ceases permanently to take service.
A penalty of 20% shall be added if such charges are not paid in full within 30 days after each billing date.
Sewer rents constitute a lien upon the real property served by the sewer system or each part or parts thereof for which sewer rents shall have been established and imposed. The lien shall be prior and superior 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 a political subdivision or district thereof.
Collection of the sewer rents will be made pursuant to § 452 of the General Municipal Law of the State of New York.
Revenue derived from sewer rents, including penalties and interest, shall be credited to a special fund, to be known as the "Sewer Rent Fund." The moneys in such fund shall be used pursuant to § 453 of the General Municipal Law of the State of New York.
The terms "sewer rents," "sewer system," "part," "sewage," "industrial waste" and "other wastes" shall have the meanings as defined in § 451 of the General Municipal Law of the State of New York.
[Amended 7-27-1992 by L.L. No. 4-1992]
The user charge for the first billing period after adoption of this article shall be $16.35 per unit. Thereafter, the user charges shall be reviewed and fixed on or before July 31 of each year by resolution of the Board of Trustees of the Village of Liverpool to reflect actual costs of operation and maintenance of the sewage system.
This article shall take precedence over any inconsistent agreements.
There shall be no discounts for large-volume users in this user charge system.
If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.