Village of Webster, NY Part 3 Sewer Rents

[Adopted 4-14-2016 by L.L. No. 1-2016]

Article XVII Sanitary Sewer Rents

§ 113-75 Background; rent established; definitions; payment schedule; sewer rent fund; nonconsumption of water; penalty for nonpayment.

A. Background.

(1) In recent decades, federal and state legislation has been enacted along with strict regulatory action dealing with the collection, treatment, and discharge of human wastewater. The Village of Webster manages and maintains over 21 miles of a sanitary collection sewer within its borders. Volumes from the sewers flow into collection system and are treated at Village of Webster POTW, eventually discharging into Lake Ontario. It is critically important that the Village maintain, repair, improve and replace, when necessary, components of its sanitary sewer collection and treatment systems.

(2) Article 14-F of the New York State General Municipal Law allows for municipalities to impose sewer rents on real property, to be used solely for the maintenance, repair and improvements of the sanitary sewer system. These funds will help further facilitate the Village of Webster's compliance with the federal, state, and county guidelines on sanitary sewer systems by establishing a steady stream of dedicated funding to perform the necessary maintenance, repairs and improvements to the sewer systems and facilities. Compliance with federal, state, and county code further enhances and protects the public health, safety and welfare.

B. Establishment of sewer rents. Pursuant to Article 14-F of the New York State General Municipal Law (the Sewer Rent Law), and in order to defray the cost of maintaining and improving the Village's sanitary sewer system, sewer rents are hereby established. The revenue collected by these sewer rents shall be used for the general operation, maintenance, repairs and improvements of the municipality's sanitary sewer system in accordance with state law.

C. Definitions. As used in this article, the following terms shall have the meanings indicated:

COMMERCIAL/INDUSTRIAL/RENTAL (CIR) PROPERTIES

Includes all real property classifications codes, as determined by the Town of Webster Assessor, other than classification codes 210 and 220, including, but not limited to; churches, motels, hotels, apartments, institutions, stores, and commercial, industrial and other residential and nonresidential establishments. The number of applicable sewer units shall be determined by dividing the annual water consumption on said premises by 60,000 gallons. Each of said premises, however, shall constitute a minimum of one rental unit.

PUBLICLY OWNED TREATMENT WORKS (POTW) TREATMENT PLANT

The portion of the POTW which is designated to provide treatment (including recycling and reclamation) of municipal sewage and industrial wastewater.

RESIDENTIAL PROPERTIES

All one- and two-family dwellings with Assessor's real property classification codes of 210 and 220.

SANITARY SEWER

A sewer intended to carry only sanitary or sanitary and industrial wastewaters from residences, commercial buildings, and institutions to which stormwaters, surface waters and groundwaters are not intentionally admitted through either direct or indirect connection or lack of maintenance or neglect.

SEWAGE

A combination of the water-carried wastes from residences, business buildings, institutions and commercial establishments, together with such groundwater, surface water and stormwater as may be inadvertently present.

SEWAGE SYSTEM

All facilities for collecting, regulating, pumping, transporting and treatment of sewage, including, but not limited to, pipes, mains, pumps, equipment, facilities, and treatment plants.

SEWER RENT UNIT

A sewer rent unit is equal to 60,000 gallons of use as measured by a water supply meter or calibrated sewer flow meter. All single-family homes shall be considered one sewer rent unit regardless of actual water use. All two-family homes shall be considered two units regardless of actual water use. All other properties shall have the sewer rent units calculated by dividing the use by 60,000. One unit shall be the minimum number of units used to calculate the sewer rent for any property. Any sewer user whose sewer rent is based on annual water consumption may elect to measure the actual amount of its sewage discharge into the sewer system. All measuring devices, equipment, sub-meters, and installations shall be installed at the sewer user's expense in accordance with the Village of Webster Sewer Department's specifications, inspection and approval. All flow measuring devices, if used, shall be calibrated annually at the owner's expense. All expenses incurred by the Village at any time in connection with its inspection and approval of such installations which relate to measurement of sewage discharge into the sanitary sewer system shall be reimbursed to the Village by the sewer user upon notice thereof.

D. Sanitary sewer rents; payment schedule.

(1) The owners of real property within the Village of Webster and those outside the Village using the Village's sanitary sewer system or any part thereof shall be required to pay a sanitary sewer rent for the purpose of defraying the costs of operating, maintaining, repairing, replacing and otherwise improving the sanitary sewer system.

(2) The Village Board of Trustees shall annually at the time that the Village budget is adopted establish by resolution a per-unit sewer rent. These rents shall be included in the Village's annual fees and charges schedule.[1]

[1] Editor's Note: The fee schedule is on file in the Village offices.

(3) The Village Board shall assess the applicable sewer rents for residential properties against the real property at the same time and in the same manner as Village property taxes, and such amounts shall be set forth in a separate column in the annual property tax roll. The amount so levied for sewer rent charges shall be collected and enforced in the same manner and at the same time as provided by law for collection and enforcement of other Village taxes and assessments.

(4) The Village shall assess the applicable sewer rent charges for commercial/industrial/rental properties against the real property on a quarterly basis. The invoice shall be presented to the property owner. The payment of the invoice and any penalties for late payment shall be in accordance with the Village's annual fees and charges schedule.

(a) The first charge for sewer rent for properties charged on a quarterly basis by metered water use shall be calculated by multiplying the previous year's annual water use by 0.25.

(b) Subsequent rents shall be calculated based upon actual use as supplied by the water supplier.

(c) The quarterly charge shall be calculated by dividing the quarterly use by 60,000 gallons and then multiplying the quotient by the per-unit rent fee established in Subsection D(2). The minimum charge per quarter shall be 25% of the annual per-unit fee as established.

E. Sewer rent fund. All revenues generated from sanitary sewer rents, including interests and penalties, shall be kept in a separate account to be designated as the "Sewer Rent Fund." All such funds, together with the interest thereon, shall be used in accordance with General Municipal Law § 453 and this article.

F. Basis for rent schedule; nonconsumption of water. If water is not consumed or utilized, and a connection is maintained with the Village's sanitary sewer system, a flat sewer rent per quarter shall be imposed and shall also be included in the Village's annual fees and charges schedule.

G. Lien; penalty for nonpayment. Sewer rents shall constitute a lien on the date payable upon the real property served by the sewer system or such part or parts thereof for which sewer rents have been established and imposed, and such lien shall continue thereon until paid or satisfied. The lien shall be prior to 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 Village.