N.Y. Public Authorities Law § 1180: Sewer rents

§ 1180. Sewer rents. Upon the filing with the common council of the

city and the secretary of state of the state of New York of the

certificate of completion of the project, as provided in section

fourteen hundred four of this chapter, the authority is authorized to

establish a schedule of rates, rentals or charges, to be called "sewer

rents," to be collected from all real property served by its facilities,

except that no ad valorem sewer rent shall be assessed against real

property exempt from real property taxes pursuant to subdivision one of

section four hundred, sections four hundred four, four hundred six, four

hundred twelve, four hundred eighteen, subdivision one of section four

hundred twenty, sections four hundred forty-six, four hundred fifty-two,

four hundred sixty-two and four hundred seventy-seven of the real

property tax law, and to prescribe the manner in which and the time at

which such sewer rents are to be paid, and to change such schedule from

time to time as may be deemed advisable. Such sewer rents may be based

upon either the consumption of water on premises connected with such

facilities, making due allowances for commercial use of water, the

number and kind of plumbing fixtures connected with such facilities, or

the number of persons served by such facilities, or may be determined by

the authority on any other equitable basis. Prior to the final adoption

or modification of such schedule of sewer rents, the authority shall

adopt a proposed schedule of such sewer rents and publish notice thereof

once a week for three successive weeks in the official publication of

the city. The notice so published shall be dated as of the date of first

publication thereof and shall state that the proposed schedule of sewer

rents will remain open for inspection in the office of the authority for

thirty days from the date of such notice, and that objections thereto

may be filed during said period with the authority by any person

conceiving himself aggrieved thereby. The authority shall hear and

examine any such complaints and may modify the proposed schedule and

shall adopt a final schedule of sewer rents within sixty days after the

date of said notice. Such schedule shall be uniform for all property

falling within the same classification. The schedule of sewer rents so

adopted shall thereafter be the sewer rents to be charged all real

property served by the facilities of the authority. From and after the

due date thereof, such sewer rents shall constitute a lien upon the real

property served by the facilities. Such lien shall have the same

priority and superiority as the lien of the general tax of the city. In

the event that any such sewer rent shall remain unpaid for a period of

ninety days, the authority may bring and maintain an action in the

supreme court for the foreclosure of such lien, and, except as otherwise

provided by this title, such lien shall be foreclosed in the same manner

by the authority as the lien of the general tax of the city may be

foreclosed by the city.