§ 452 — Sewer rents

§ 452. Sewer rents. 1. Where authorized by law to establish and impose\nsewer rents pursuant to this article, the local legislative body of a\ncity or village or of a county or town on behalf of a sewer district or\nwastewater disposal district may establish and impose sewer rents in\naccordance with the provisions of this article as a means of producing\nrevenue.\n 2. Such sewer rents may be established and imposed by local law, or\nresolution by cities, counties and villages, and may be imposed by local\nlaw, ordinance, or resolution by towns on behalf of sewer districts or\nwastewater disposal districts. A resolution establishing and imposing\nsewer rents shall be adopted only after a public hearing upon five days'\npublic notice. In the case of a sewer district or wastewater disposal\ndistrict in a town which district has a board of sewer commissioners,\nany such local law, ordinance, or resolution may be enacted only in\nconformance with the recommendation of the board of sewer commissioners.\nThe provisions of sections one hundred thirty and one hundred\nthirty-three of the town law, as amended from time to time, shall apply\nto the adoption of such ordinances in towns. Any amendments to or other\naction taken affecting such sewer rents shall be accomplished in the\nsame manner as herein provided for the original establishment of sewer\nrents.\n 3. Sewer rents shall constitute a lien upon the real property served\nby the sewer system or such part or parts thereof for which sewer rents\nshall have been established and imposed. The lien shall be prior and\nsuperior to every other lien or claim except the lien of an existing\ntax, assessment or other lawful charge imposed by or for the state or a\npolitical subdivision or district thereof.\n 4. The local legislative body of a city or village, or of a county or\ntown on behalf of a sewer district or wastewater disposal district may\nbring and maintain an action (a) as upon contract for sewer rents in\narrears, including penalties and interest, or (b) to foreclose liens for\nsuch sewer rents; provided, however, that in the case of a sewer\ndistrict or wastewater disposal district in a town which district has a\nboard of sewer commissioners any such action shall be brought and\nmaintained by such board. As an alternative to the maintenance of any\nsuch action, any such local legislative body or board of sewer\ncommissioners of a sewer district or wastewater disposal district, as\nthe case may be, may annually cause a statement to be prepared setting\nforth the amount of each lien for sewer rents in arrears, the real\nproperty affected thereby and the name of the person in whose name such\nreal property is assessed. Such statement shall be presented to the\nboard or body empowered to levy city, village, county or town taxes, as\nthe case may be, on or before a date to be specified by such board or\nbody. Such board or body shall levy the amounts contained in such\nstatement against the real property liable at the same time and in the\nsame manner as city, village, county or town taxes, as the case may be,\nand such amounts shall be set forth in a separate column in the annual\ntax rolls. The amounts so levied shall be collected and enforced in the\nsame manner and at the same time as may be provided by law for the\ncollection and enforcement of city, village, county or town taxes, as\nthe case may be.\n 5. The local law or ordinance establishing and imposing sewer rents:\n (a) Shall describe the sewer system or the part or parts of the sewer\nsystem for which such rents shall be established and imposed.\n (b) Shall prescribe the basis of the charge for such rents.\n (c) Shall provide for the date or dates on which sewer rents shall\nbecome due and payable.\n (d) May provide for penalties for sewer rents in arrears or for\ndiscounts for the prompt payment of such rents, or for both penalties\nand discounts.\n