[Added 11-7-2005 by L.L. No. 3-2005[1]]
The purpose of this article is to establish
a separate sanitary sewer rent fund and impose sanitary sewer rents
in the Village of Croton-on-Hudson in accordance with Article 14-F
of the General Municipal Law, to ensure a proportional distribution
of operation and maintenance costs, and to use the sewer rents as
the principal source of revenue for the operation and maintenance
of the sanitary sewer system.
As used in this article, the following terms
shall have the following meanings:
The owner of the premises, a mortgagee or vendee in possession,
assignee of rents, receiver, executor, trustee, lessee or other person,
firm or corporation in control of a building or premises.
A lot, plot or parcel of land, including any building or
structure.
All sewer pipes and other appurtenances that are used or
useful in whole or in part in connection with the collection, treatment,
or disposal of sewage, industrial waste, and other wastes, that are
owned, operated or maintained by the Village of Croton-on-Hudson and
that connect to the Ossining sanitary sewage treatment facility or
are within the Ossining Sanitary Sewer District.
The Village of Croton-on-Hudson, New York.
The owner of all premises within the Croton
portion of the Ossining Sanitary Sewer District or using the sanitary
sewer system or any part thereof shall be required to pay sanitary
sewer rents for the payment of the costs of operating, maintaining,
repairing, and replacing the sanitary sewer system.
In April of each year, the Village of Croton-on-Hudson
shall determine the total annual costs of operation and maintenance
of the sanitary sewer system that are necessary to maintain the capacity
and performance during the life of the sanitary sewer system for which
such works were designed and constructed. The total annual costs of
operation and maintenance shall include, but need not be limited to,
labor, repairs, replacement, equipment replacement, maintenance, necessary
modifications, power, sampling, laboratory tests and a reasonable
contingency fund. This determination of costs shall serve as the basis
for the calculation of rents.
A.
All sanitary sewer rents and penalties shall be established
by the Board of Trustees of the Village of Croton-on-Hudson by resolution
approved after a public hearing held on at least five days' notice.
B.
For premises that use Village water and are within
the Ossining Sanitary Sewer District or are using the sanitary sewer
system, the sewer rent shall be calculated as a certain percentage
of the Village water bill for those premises. The percentage to be
applied shall be the percentage of the Village's total water bills
for premises within the Croton portion of the Ossining Sanitary Sewer
District that is equal to the annual costs of operation and maintenance
of the sanitary sewer system.
C.
For those premises that do not use Village water but
are connected to or served by the sanitary sewer system, the sewer
rent shall be a flat fee based upon the volume of water measured by
meter at comparable premises or, if there are no comparable premises,
upon such other equitable method as the Village deems appropriate.
[Amended 6-1-2020 by L.L. No. 7-2020]
A.
Sanitary sewer rent charges may be obtained at the
Village's administrative offices. The Village Treasurer may send bills
via U.S. mail or email for sewer rents as an accommodation to the
premises owner, but the failure to send any such statement via U.S.
mail or email, or the failure of the addressee to receive the same,
shall not in any manner affect the validity of the sewer rent charges
or the interest imposed for late payment. If the premises owner does
not receive a bill, it is his or her responsibility to contact the
Village Treasurer to obtain one.
B.
Sanitary sewer rent bills shall cover the same billing
period as covered by the Village water bill.
C.
All bills for sanitary sewer rents are due and payable
to the Village-of Croton-on-Hudson.
[Amended 12-7-2020 by L.L. No. 10-2020]
A.
Penalties for nonpayment of sewer rent charges. The
following penalties are prescribed for failure to pay sewer rent charges:
(1)
No penalty shall be assessed if sewer rent charges
are paid by the due date set forth on the bill.
(2)
If the sewer rent charge is not paid by the due date
set forth on the bill, a penalty of 5% of the account due shall be
assessed, and a further penalty of 1% shall be added for each succeeding
month or any portion of a month in which the sewer rents are not paid.
The Village Treasurer shall cause, on the next succeeding April 15,
any unpaid sewer rents charges and penalties in excess of 60 days
to be added to the Village tax bills.
B.
In accordance with General Municipal Law § 452,
sanitary sewer rents shall constitute a lien upon the premises served
by the sanitary sewer system. This lien shall have priority and be
senior to every other lien with the exception of the lien of an existing
tax, assessment, or other lawful charge imposed by the state or of
a political subdivision or district thereof.
C.
Delinquent accounts, including sanitary sewer rents
and penalties, shall be collected in a manner provided for in General
Municipal Law § 452, Subsection 4.
All revenues generated from sanitary sewer rents,
including penalties, shall be kept in a separate bank account to be
denominated as the "sewer rent fund." All such funds, together with
the interest thereon, shall be used in accordance with General Municipal
Law § 453.
This article shall be construed in a manner
consistent with the provisions of Article 14-F of the General Municipal
Law.
If any provision of this article or its application
to any person or circumstance is adjudged invalid by a court of competent
jurisdiction, such judgment shall not affect or impair the validity
of the other provisions of this article or its application thereof
to other persons and circumstances.
