§ 1180 — Sewer rents

§ 1180. Sewer rents. Upon the filing with the common council of the\ncity and the secretary of state of the state of New York of the\ncertificate of completion of the project, as provided in section\nfourteen hundred four of this chapter, the authority is authorized to\nestablish a schedule of rates, rentals or charges, to be called "sewer\nrents," to be collected from all real property served by its facilities,\nexcept that no ad valorem sewer rent shall be assessed against real\nproperty exempt from real property taxes pursuant to subdivision one of\nsection four hundred, sections four hundred four, four hundred six, four\nhundred twelve, four hundred eighteen, subdivision one of section four\nhundred twenty, sections four hundred forty-six, four hundred fifty-two,\nfour hundred sixty-two and four hundred seventy-seven of the real\nproperty tax law, and to prescribe the manner in which and the time at\nwhich such sewer rents are to be paid, and to change such schedule from\ntime to time as may be deemed advisable. Such sewer rents may be based\nupon either the consumption of water on premises connected with such\nfacilities, making due allowances for commercial use of water, the\nnumber and kind of plumbing fixtures connected with such facilities, or\nthe number of persons served by such facilities, or may be determined by\nthe authority on any other equitable basis. Prior to the final adoption\nor modification of such schedule of sewer rents, the authority shall\nadopt a proposed schedule of such sewer rents and publish notice thereof\nonce a week for three successive weeks in the official publication of\nthe city. The notice so published shall be dated as of the date of first\npublication thereof and shall state that the proposed schedule of sewer\nrents will remain open for inspection in the office of the authority for\nthirty days from the date of such notice, and that objections thereto\nmay be filed during said period with the authority by any person\nconceiving himself aggrieved thereby. The authority shall hear and\nexamine any such complaints and may modify the proposed schedule and\nshall adopt a final schedule of sewer rents within sixty days after the\ndate of said notice. Such schedule shall be uniform for all property\nfalling within the same classification. The schedule of sewer rents so\nadopted shall thereafter be the sewer rents to be charged all real\nproperty served by the facilities of the authority. From and after the\ndue date thereof, such sewer rents shall constitute a lien upon the real\nproperty served by the facilities. Such lien shall have the same\npriority and superiority as the lien of the general tax of the city. In\nthe event that any such sewer rent shall remain unpaid for a period of\nninety days, the authority may bring and maintain an action in the\nsupreme court for the foreclosure of such lien, and, except as otherwise\nprovided by this title, such lien shall be foreclosed in the same manner\nby the authority as the lien of the general tax of the city may be\nforeclosed by the city.\n