Laws of New York (Last Updated: November 21, 2014) |
ADC New York City Administrative Code(NEW) |
Title 24. ENVIRONMENTAL PROTECTION AND UTILITIES |
Chapter 5. DRAINAGE AND SEWER CONTROL |
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.