N.Y. General Municipal 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.