US Laws, Codes, Statutes & Cases

 
    § 11-313 Sewer rents; when payable; penalty for nonpayment. a. As used
  in this section:
    1.  The  term  "metered  premises"  shall  mean  premises, or any part
  thereof, (a) to which water is supplied by the  municipal  water  supply
  system  or  by a private water company, and (b) at which the quantity of
  water supplied is measured by a water meter.
    2. The term "unmetered premises" shall  mean  premises,  or  any  part
  thereof,  (a)  to  which water is supplied by the municipal water supply
  system or by a private water company, and (b) at which the  quantity  of
  water supplied is not measured by a water meter.
    b. The sewer rents charged against metered premises in accordance with
  the  provisions  of paragraphs two and three of subdivision b of section
  24-514 of the code and the  rules  duly  promulgated  pursuant  to  such
  section,  including  the  minimum rents for the use of the sewer system,
  charged pursuant to such section and rules, and the sewer rents  charged
  against  any  premises  in  accordance with the provisions of paragraphs
  four and five of subdivision b of section 24-514 of the code  and  rules
  duly  promulgated  pursuant to such section, including the minimum rents
  for the use of the sewer system, charged pursuant to  such  section  and
  rules shall become due and shall become a charge or lien on the premises
  when  the  amount  thereof  shall have been fixed by the commissioner of
  environmental protection, and an entry  thereof  shall  have  been  made
  against  such premises with the date of such entry, in the book in which
  sewer rents are to be entered. The sewer surcharges charged against  any
  premises  pursuant  to  section  24-523 of the code shall become due and
  shall become a charge or lien on the premises when  the  amount  thereof
  shall  have  been  fixed by the commissioner of environmental protection
  and an entry thereof shall have been made against such premises  in  the
  book  in  which  sewer  surcharges  are to be entered. A notice thereof,
  stating the amount due and the nature of the rent, surcharge  or  charge
  shall  be  mailed,  within five days after such entry, to the last known
  address of the person whose name appears upon the records in the  office
  of  the  department of finance as being the owner, occupant or agent or,
  where no name appears, to the premises addressed to either the owner  or
  the  occupant. If such rent, surcharge or charge shall have been 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.  The  rents  or
  charges  for  the  use  of the sewer system charged during any specified
  period of time pursuant to the provisions of section 24-514 of the  code
  and  the  rules  promulgated thereunder shall be computed, in accordance
  with the provisions of such  section  and  the  rules  duly  promulgated
  thereunder, on the basis of water rents or charges computed for the same
  period.
    c.  Sewer  rents charged against unmetered premises in accordance with
  the provisions of paragraphs two and three of subdivision b  of  section
  24-514  of  the  code  and  the  rules duly promulgated pursuant to such
  section, for the use of the sewer  system  during  the  one-year  period

  commencing  on  the  first  day  of  July of each year, shall be due and
  payable and shall become a charge or lien on the premises on  the  first
  day of January following such first day of July, if entered, except that
  commencing  on  June thirtieth, nineteen hundred seventy-four such sewer
  rents shall be due and payable in advance on the thirtieth day  of  June
  in  each  year,  if  entered,  and  shall become a charge or lien on the
  premises on such date. If any of such rents or charges which became  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  within  thirty  days  after  such  first  day  of January, or,
  commencing on the thirtieth day of June, nineteen hundred  seventy-four,
  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  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 or 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  or  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
  and  shall  become  a  charge  or  lien on the premises when entered and
  notice thereof shall be mailed within five days after such entry, to the
  last known address of the person whose name appears upon the records  in
  the  department  of  finance  as the owner or the occupant or if no name
  appears, to the premises addressed to either the owner or  occupant.  If
  any  of  such  rents or charges which were 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. The sewer rents
  charged against unmetered premises for  the  use  of  the  sewer  system
  during  the  one-year period commencing on the first day of July of each
  year shall be computed in accordance  with  the  provisions  of  section
  24-514  of  the code and the rules duly promulgated thereunder, upon the
  basis of water rents or charges computed for the same period.
    d. Whenever an increase in  the  amount  of  the  sewer  rent  charged
  against  unmetered  premises shall have been made or a charge shall have
  been made for sewer services for any building  completed  subsequent  to
  the  first  day of July in each year, the amount of such increase of the
  charge or new charge for such new building shall not be due or become  a
  lien or charge against the premises until the amounts thereof shall have

  been  entered  with the date of such entries, respectively, in the books
  in which sewer rents charged against such premises are to be entered.
    e. 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 sewer  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
  sewer rents pursuant to section 11-224 of the code and,  for  nonpayment
  of  sewer  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.