2023 New York Laws › GMU - General Municipal › Article 14-F - Sewer Rent Law › 452 - Sewer Rents.

§ 452. Sewer rents. 1. Where authorized by law to establish and impose
sewer  rents  pursuant  to this article, the local legislative body of a
city or village or of a county or town on behalf of a sewer district  or
wastewater  disposal  district  may  establish and impose sewer rents in
accordance with the provisions of this article as a means  of  producing
revenue.
2.  Such  sewer  rents may be established and imposed by local law, or
resolution by cities, counties and villages, and may be imposed by local
law, ordinance, or resolution by towns on behalf of sewer  districts  or
wastewater  disposal  districts.  A resolution establishing and imposing
sewer rents shall be adopted only after a public hearing upon five days'
public notice. In the case of a sewer district  or  wastewater  disposal
district  in  a  town which district has a board of sewer commissioners,
any such local law, ordinance, or resolution  may  be  enacted  only  in
conformance with the recommendation of the board of sewer commissioners.
The   provisions   of  sections  one  hundred  thirty  and  one  hundred
thirty-three of the town law, as amended from time to time, shall  apply
to  the adoption of such ordinances in towns. Any amendments to or other
action taken affecting such sewer rents shall  be  accomplished  in  the
same  manner  as herein provided for the original establishment of sewer
rents.
3. Sewer rents shall constitute a lien upon the real  property  served
by  the sewer system or such 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.
4.  The local legislative body of a city or village, or of a county or
town on behalf of a sewer district or wastewater disposal  district  may
bring  and  maintain  an  action (a) as upon contract for sewer rents in
arrears, including penalties and interest, or (b) to foreclose liens for
such sewer rents; provided,  however,  that  in  the  case  of  a  sewer
district  or wastewater disposal district in a town which district has a
board of sewer commissioners  any  such  action  shall  be  brought  and
maintained  by  such  board. As an alternative to the maintenance of any
such  action,  any  such  local  legislative  body  or  board  of  sewer
commissioners  of  a  sewer district or wastewater disposal district, as
the case may be, may annually cause a statement to be  prepared  setting
forth  the  amount  of  each  lien  for sewer rents in arrears, the real
property affected thereby and the name of the person in whose name  such
real  property  is  assessed.  Such  statement shall be presented to the
board or body empowered to levy city, village, county or town taxes,  as
the  case  may  be, on or before a date to be specified by such board or
body. Such board or body  shall  levy  the  amounts  contained  in  such
statement  against  the real property liable at the same time and in the
same manner as city, village, county or town taxes, as the case may  be,
and  such  amounts shall be set forth in a separate column in the annual
tax rolls. The amounts so levied shall be collected and enforced in  the
same  manner  and  at  the  same  time as may be provided by law for the
collection and enforcement of city, village, county or  town  taxes,  as
the case may be.
5. The local law or ordinance establishing and imposing sewer rents:
(a)  Shall describe the sewer system or the part or parts of the sewer
system for which such rents shall be established and imposed.
(b) Shall prescribe the basis of the charge for such rents.
(c) Shall provide for the date or dates on  which  sewer  rents  shall
become due and payable.
(d)  May  provide  for  penalties  for  sewer  rents in arrears or for
discounts for the prompt payment of such rents, or  for  both  penalties
and discounts.