N.Y. Public Authorities Law § 1147-f: Charges by the authority; method of collection

§ 1147-f. Charges by the authority; method of collection. The

authority may fix and collect, on any equitable basis, rates, fees and

other charges for the use of its facilities or of the services or

commodities provided by the authority. Such rates, rentals, fees and

other charges may be fixed and collected from any person or corporation

to which such facilities, services or commodities are provided or made

available from the authority. Such rates, rentals, fees and other

charges may be the same or different for each classification of user or

service recipient and may, by way of example, reflect the source and

composition of the sewage. The authority shall not establish, fix or

revise any classification of user or rate, rental or fee or other charge

unless and until the authority has held a public hearing at which

interested persons shall have an opportunity to be heard concerning the

same. Notice of any such public hearing shall be published at least ten

days before the date set therefor, in at least one newspaper of general

circulation in the boundaries of the authority. Such notice shall set

forth the date, time and place of such hearing and shall include a brief

description of matters to be considered at such meeting. A copy of such

notice shall be available for inspection by the public. At any such

hearing, any interested persons shall have an opportunity to be heard

concerning the matters under consideration. Any decision by the

authority at such public hearing or relating to the matters under

consideration at such hearing shall be in writing and made available in

the office of the authority for public inspection during regular

business hours.

All rates, fees and other charges for the use of the facilities or

services provided or made available by the authority and billed directly

by the authority to the user or service recipient pursuant to a

classification of users or service recipients adopted by the authority

as herein provided shall be lien upon the real property upon which, or

in connection with which, services are provided or are made available,

as and from the first date fixed for payment of such rates, rentals,

fees and other charges. Any such lien shall take precedent over all

other liens or encumbrances, except taxes or assessments. The treasurer

of the authority shall prepare and transmit to the respective

legislative body of each town or village wholly or partially within the

bounds of the authority, on or before the first day of December in each

year, a list of those properties within each respective town or village

using such facilities or for which such services were provided or made

available and from which the payment of rates, rentals, fees and other

charges are in arrears for a period of thirty days or more after the

last day fixed for payment of such rates, rentals, fees and other

charges without penalty. The list shall contain a brief description of

such properties, the names of the persons or corporations liable to pay

for the same, and the amount chargeable to each, including penalties and

interest computed to December thirty-first of that year. Each governing

body shall levy such sums against the properties liable and shall state

the amount thereof in a separate column in the annual tax rolls of the

various towns and villages under the heading "sewer disposal charge".

Such amounts, excluding penalties and interest when collected by the

several town or village collectors or receivers of taxes, shall be paid

over to the treasurer of the authority. Penalties and interest shall be

retained by the collectors which shall become a part of the general

funds of the collecting town or village. All of the provisions of the

tax law of the state governing enforcement and collection of unpaid

taxes or assessments for special improvements not inconsistent herewith

shall apply to the collection of such unpaid rates, rentals, fees and

other charges.