2006 New York Code - Sewer Rents.

 
    § 452. Sewer rents. 1. Where authorized by law to establish and impose
  sewer  rents  pursuant  to this article, the local legislative body of a
  city or village or of a county or town on behalf of a sewer district  or
  wastewater  disposal  district  may  establish and impose sewer rents in
  accordance with the provisions of this article as a means  of  producing
  revenue.
    2.  Such  sewer  rents may be established and imposed by local law, or
  resolution by cities, counties and villages, and may be imposed by local
  law, ordinance, or resolution by towns on behalf of sewer  districts  or
  wastewater  disposal  districts.  A resolution establishing and imposing
  sewer rents shall be adopted only after a public hearing upon five days'
  public notice. In the case of a sewer district  or  wastewater  disposal
  district  in  a  town which district has a board of sewer commissioners,
  any such local law, ordinance, or resolution  may  be  enacted  only  in
  conformance with the recommendation of the board of sewer commissioners.
  The   provisions   of  sections  one  hundred  thirty  and  one  hundred
  thirty-three of the town law, as amended from time to time, shall  apply
  to  the adoption of such ordinances in towns. Any amendments to or other
  action taken affecting such sewer rents shall  be  accomplished  in  the
  same  manner  as herein provided for the original establishment of sewer
  rents.
    3. Sewer rents shall constitute a lien upon the real  property  served
  by  the sewer system or such part or parts thereof for which sewer rents
  shall have been established and imposed. The lien  shall  be  prior  and
  superior  to  every  other  lien or claim except the lien of an existing
  tax, assessment or other lawful charge imposed by or for the state or  a
  political subdivision or district thereof.
    4.  The local legislative body of a city or village, or of a county or
  town on behalf of a sewer district or wastewater disposal  district  may
  bring  and  maintain  an  action (a) as upon contract for sewer rents in
  arrears, including penalties and interest, or (b) to foreclose liens for
  such sewer rents; provided,  however,  that  in  the  case  of  a  sewer
  district  or wastewater disposal district in a town which district has a
  board of sewer commissioners  any  such  action  shall  be  brought  and
  maintained  by  such  board. As an alternative to the maintenance of any
  such  action,  any  such  local  legislative  body  or  board  of  sewer
  commissioners  of  a  sewer district or wastewater disposal district, as
  the case may be, may annually cause a statement to be  prepared  setting
  forth  the  amount  of  each  lien  for sewer rents in arrears, the real
  property affected thereby and the name of the person in whose name  such
  real  property  is  assessed.  Such  statement shall be presented to the
  board or body empowered to levy city, village, county or town taxes,  as
  the  case  may  be, on or before a date to be specified by such board or
  body. Such board or body  shall  levy  the  amounts  contained  in  such
  statement  against  the real property liable at the same time and in the
  same manner as city, village, county or town taxes, as the case may  be,
  and  such  amounts shall be set forth in a separate column in the annual
  tax rolls. The amounts so levied shall be collected and enforced in  the
  same  manner  and  at  the  same  time as may be provided by law for the
  collection and enforcement of city, village, county or  town  taxes,  as
  the case may be.
    5. The local law or ordinance establishing and imposing sewer rents:
    (a)  Shall describe the sewer system or the part or parts of the sewer
  system for which such rents shall be established and imposed.
    (b) Shall prescribe the basis of the charge for such rents.
    (c) Shall provide for the date or dates on  which  sewer  rents  shall
  become due and payable.
    (d)  May  provide  for  penalties  for  sewer  rents in arrears or for
  discounts for the prompt payment of such rents, or  for  both  penalties
  and discounts.