N.Y. Public Authorities Law § 1199-yyyy*2: Charges by the authority; method of collection

* § 1199-yyyy. Charges by the authority; method of collection. 1. The

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

other charges for the use of its water or sewer 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 or location of services or system

costs and expenses. The authority shall not establish, fix or revise any

classification or 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 therefore, 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.

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

services or commodities 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 a 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 board of supervisors of the county, on or before the first day of

November in each year, a list of those properties using such facilities

or for which such services or commodities 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, as applicable, computed to December thirty-first of that year.

The board of supervisors 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 county under the heading "water charge" or

"sewer disposal charge," as applicable. Such amounts, excluding

penalties and interest when collected by the county collector or

receiver of taxes, shall be paid over to the treasurer of the authority.

Penalties and interest shall be retained by the collector which shall

become a part of the general funds of the county. 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.

* NB There are 2 § 1199-yyyy's