Section 24-512. Charge for sewer connection extending from curb line to sewer or sewer riser  


Latest version.
  • a. As used in this section:    1.  The term "agency having jurisdiction" shall mean the department of
      environmental protection.
        2. The term "curb-to-sewer connection" shall mean the connection  from
      the  curb  line  to  the  sewer or to a sewer riser constructed with the
      sewer.
        3. The term "cost" shall mean the actual  cost  of  constructing  each
      sewer-to-curb connection.
        4.  The  term "curb line" shall mean the curb line determined pursuant
      to the resolution of the  board  of  estimate  establishing  street  and
      roadway widths.
        b.  The  owner of any parcel of real property to be connected with the
      sewer system shall pay the cost of each curb-to-sewer connection serving
      such real property, if such curb-to-sewer connection  was  or  shall  be
      constructed  in  connection  with  the  construction,  reconstruction or
      replacement of a sewer  duly  authorized  on  or  after  January  first,
      nineteen  hundred  sixty-two. Such cost shall become due and payable and
      shall constitute a lien against such property when  the  amount  thereof
      shall  have been computed by the agency having jurisdiction and an entry
      thereof shall have been made against such premises in the office of  the
      city   collector   in  the  book  in  which  charges  for  curb-to-sewer
      connections are to be entered. A notice thereof, stating the amount  due
      and  the  nature  of  the  charge shall be mailed by the city collector,
      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 city
      collector as being the person designated by the  owner  to  receive  tax
      bills  or where no name appears, to the premises addressed to either the
      owner or the agent, together with a statement that if such charge is not
      paid within ninety days from the date of entry the amount  thereof  with
      interest  thereon  at  the  rate  of  seven  percent  per  annum,  to be
      calculated to  the  date  of  payment  from  the  date  of  entry,  will
      constitute, until paid, a lien against the premises which shall be prior
      and superior to every other lien or claim except the lien of an existing
      tax,  water  rent,  sewer  rent, sewer surcharge or local assessment. If
      such charge is not paid within ninety days from the date  of  entry,  it
      shall  be the duty of the city collector to collect and receive interest
      thereon at the rate of seven percent per annum, to be calculated to  the
      date  of  payment  from  the date of entry. Such charge and the interest
      thereon shall continue to be, until paid, a lien on the premises  served
      by  such  curb-to-sewer  connection.  Such  charge and interest shall be
      calculated and the lien thereof may be foreclosed in the manner provided
      by law for the collection and foreclosure of the lien  of  taxes,  sewer
      rents, sewer surcharges and water rents due and payable to the city, and
      the  provisions of the code applicable to the collection and foreclosure
      of the lien of such taxes, sewer rents, sewer surcharges and water rents
      shall apply to such  charge  and  the  interest  thereon  and  the  lien
      thereof.  Such  lien  shall be prior and superior to every other lien or
      claim except the lien of an existing tax, water rent, sewer rent,  sewer
      surcharge,  or local assessment. The provisions of section 11-307 of the
      code applicable to the payment of assessments shall also  apply  to  the
      charge established pursuant to this section.
        c.  Nothing contained in this section shall affect, impair or diminish
      the duty, obligation and responsibility of the owner  of  real  property
      connected  with the sewer system at his or her own cost and expense: (1)
      to maintain any curb-to-sewer connection serving such real property; and
      (2) to repair, reconstruct  or  replace  such  curb-to-sewer  connection
      except when the necessity for such repair, reconstruction or replacement
    
      is  caused  by  the reconstruction or replacement of the sewer or by any
      other construction work performed by the city.
        d.  The  cost of constructing a curb-to-sewer connection in connection
      with the construction, reconstruction, or replacement of  a  sewer  duly
      authorized  on or after July first, nineteen hundred sixty-two, shall be
      paid initially out of the real property fund upon the  authorization  of
      the  board  of estimate. All sums received or collected in reimbursement
      of such cost pursuant to this section, including interest and  penalties
      thereon,  shall  be  paid  into the real property fund. This subdivision
      shall not apply to or  affect  the  manner  of  financing  the  cost  of
      repairing,  reconstructing  or replacing a curb-to-sewer connection when
      such repair, reconstruction or replacement is necessary because  of  the
      reconstruction  or  replacement  of  the  sewer  or because of any other
      construction work performed by the city.