[Adopted 6-7-1976 by L.L. No. 5-1976]
The Village of Menands does hereby establish
and impose a scale of sewer rents in the Village of Menands for the
use of its municipal sewer system or any part or parts thereof.
As used in this Part 2, the following terms
shall have the meanings indicated:
The sewer system owned and operated by the Village of Menands
and shall include all sewer pipes and other appurtenances which are
used or useful in whole or in part in connection with the collection,
treatment and disposal of sewage, industrial waste and other wastes
and which are owned, operated or maintained by the Village of Menands,
including pumping stations, sewage treatment and disposal works and
all extensions, additions and improvements which may be made to such
system.
[Amended 4-18-1977 by L.L. No. 3-1977; 4-18-1983 by L.L. No.
1-1983; 4-18-1984 by L.L. No. 1-1984; 10-21-1985 by L.L. No. 1-1985; 4-21-1997 by L.L. No. 2-1997; 4-15-2002 by L.L. No. 2-2002; 5-5-2008 by L.L. No. 1-2008; 5-19-2008 by L.L. No. 2-2008]
Sewer rents shall be computed semiannually,
and the basis therefor shall be as determined by resolution of the
Village Board.
Sewer rents shall be due and payable semiannually
on the first days of July and January of each year for the periods
November 1 through April 30 and May 1 through October 31, respectively,
and shall accompany the water billing to the premises connected with
and served by said municipal sewer system or such part or parts thereof.
All sewer rents shall be due and payable within 30 days from such
payment dates, respectively, at the office of the Village Clerk as
water charges are now billed and shall be collected in like manner.
The failure of any owner to receive a statement promptly shall not
excuse nonpayment of the same; in the event that the owner fails to
receive a bill promptly, he should demand the same at the Village
Clerk's office.
Penalties for late payment or nonpayment of
sewer rents are hereby fixed as and made coincidental with those penalties
fixed by ordinance or resolution for late payment or nonpayment of
water rents as currently established and as amended from time to time
by the Board of Trustees of the Village.
Such unpaid sewer rents shall constitute a lien
upon the real property served by the municipal sewer system or such
part or parts thereof for which sewer use rents are hereby established
and imposed. 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 state or a political subdivision
or district thereof.
The Board of Trustees may bring and maintain
an action in the name of the Village for the foreclosure of such liens
for sewer rents, or the Village Clerk may annually certify the amounts
of all unpaid sewer rents, including penalties, computed to the first
day of the month preceding the month in which the fiscal year commences,
with a description of the real property affected thereby and shall
present such certificate to the Board of Trustees and shall enter
the same or an abstract thereof in the minutes of the meeting. The
Board of Trustees shall then levy such amounts against the real property
liable thereof as a part of the annual Village tax levy, setting forth
such amounts on separate columns in the annual tax roll. The sewer
use fund shall be credited with the amount of all such unpaid sewer
rents, including penalties, and such amounts, when collected, shall
be credited to the general fund.
