New York Water Rents; When Payable; Penalty For Nonpayment.
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§ 11-312 Water rents; when payable; penalty for nonpayment. a.
One-half (i) the uniform annual water charges and extra and
miscellaneous charges for water not metered and (ii) annual service
charges shall become due and payable, in advance if entered on January
first, nineteen hundred seventy-four for the period commencing January
first, nineteen hundred seventy-four and ending June thirtieth, nineteen
hundred seventy-four. Commencing on June thirtieth, nineteen hundred
seventy-four, uniform annual water charges and extra and miscellaneous
charges for water not metered and annual service charges shall be due
and payable in advance on the thirtieth day of June in each year, if
entered. If any of such rents and charges which become due and payable
on or before June thirtieth, nineteen hundred seventy-six shall not have
been paid to the commissioner of finance or his or her designee on or
before the last day of the month following the month of entry, it shall
be the duty of the commissioner of finance or his or her designee to
charge, collect and receive interest thereon to be calculated at the
rate of seven percent per annum from the date when such rents and
charges became due and payable to December thirty-first, nineteen
hundred seventy-six, and at the rate of fifteen percent per annum from
January first, nineteen hundred seventy-seven to the date of payment. If
any of such rents and charges which shall become due and payable on or
after June thirtieth, nineteen hundred seventy-seven are not paid to the
commissioner of finance or his or her designee on or before the last day
of the month following the month of entry, it shall be the duty of the
commissioner of finance or his or her designee to charge, collect and
receive interest thereon to be calculated at the rate of fifteen percent
per annum from the date when such rents and charges became due and
payable to the date of payment. If not so entered and payable, but
entered at any time subsequent thereto, they shall be due and payable
when entered and notice thereof shall be mailed within five days of such
entry to the premises against which they are imposed addressed to either
the owner or the occupant and, if entered on or before December
thirty-first, nineteen hundred seventy-six but not paid on or before the
last day of the month following the month of entry, it shall be the duty
of the commissioner of finance or his or her designee to charge, collect
and receive interest thereon to be calculated at the rate of seven
percent per annum from the date of entry to December thirty-first,
nineteen hundred seventy-six, and at the rate of fifteen percent per
annum from January first, nineteen hundred seventy-seven to the date of
payment; if entered on or after January first, nineteen hundred
seventy-seven but not paid on or before the last day of the month
following the month of entry, it shall be the duty of the commissioner
of finance or his or her designee to charge, collect and receive
interest thereon to be calculated at the rate of fifteen percent per
annum from the date of entry to the date of payment.
b. All charges for meters and their connections and for their setting,
repair and maintenance, and all charges in accordance with meter rates
for supply of water measured by meter, including minimum charges for the
supply of water measured by meter, shall be due and payable when
entered, and notice thereof shall be mailed within five days of such
entry stating the amount due and the nature of the rent or charge to the
last known address of the person whose name appears on the record of
such rents and charges as being the owner, occupant or agent or, where
no name appears, to the premises addressed to either the owner or the
occupant, and if entered on or before December thirty-first, nineteen
hundred seventy-six but not paid on or before the last day of the month
following the month of entry, it shall be the duty of the commissioner
of finance or his or her designee to charge, collect and receive
interest thereon to be calculated at the rate of seven percent per annum
from the date of entry to December thirty-first, nineteen hundred
seventy-six, and at the rate of fifteen percent per annum from January
first, nineteen hundred seventy-seven to the date of payment; if entered
on or after January first, nineteen hundred seventy-seven but not paid
on or before the thirtieth day following the date of entry, it shall be
the duty of the commissioner of finance or his or her designee to
charge, collect and receive interest thereon to be calculated at the
rate of fifteen percent per annum from the date of entry to the date of
payment.
c. No later than the twenty-fifth day of May in each year, the banking
commission shall transmit a written recommendation to the council of a
proposed interest rate to be charged for nonpayment of water rents. In
making such recommendations the commission shall consider the prevailing
interest rates charged for commercial loans extended to prime borrowers
by commercial banks operating in the city and shall propose a rate of at
least six per centum per annum greater than such rates. The council may
by resolution adopt an interest rate to be charged for nonpayment of
water rents pursuant to section 11-224 of the code and, for nonpayment
of water rents that become due and payable on or after July first, two
thousand five, pursuant to section 11-224.1 of the code, and may specify
in such resolution the date on which such interest rate is to take
effect.