Section 1199-YYYY. Charges by the authority; method of collection


Latest version.
  • 1. The
      authority may fix and collect, on any equitable basis, rates,  fees  and
      other  charges  for  the  use of its water or sewer facilities or of the
      services or commodities provided by the authority. Such rates,  rentals,
      fees  and  other  charges  may be fixed and collected from any person or
      corporation to  which  such  facilities,  services  or  commodities  are
      provided or made available from the authority. Such rates, rentals, fees
      and  other  charges may be the same or different for each classification
      of user or service recipient and may, by way  of  example,  reflect  the
      source  and  composition of the sewage or location of services or system
      costs and expenses. The authority shall not establish, fix or revise any
      classification or user or rate, rental or fee or other charge unless and
      until the authority has  held  a  public  hearing  at  which  interested
      persons  shall  have  an  opportunity  to  be heard concerning the same.
      Notice of any such public hearing shall be published at least  ten  days
      before  the  date  set  therefore,  in at least one newspaper of general
      circulation in the boundaries of the authority. Such  notice  shall  set
      forth the date, time and place of such hearing and shall include a brief
      description  of matters to be considered at such meeting. A copy of such
      notice shall be available for inspection by  the  public.  At  any  such
      hearing,  any  interested  persons shall have an opportunity to be heard
      concerning  the  matters  under  consideration.  Any  decision  by   the
      authority  at  such  public  hearing  or  relating  to the matters under
      consideration at such hearing shall be in writing and made available  in
      the  office  of  the  authority  for  public  inspection  during regular
      business hours.
        2. All rates, fees and other charges for the use of the facilities  or
      services  or commodities provided or made available by the authority and
      billed directly by the  authority  to  the  user  or  service  recipient
      pursuant  to  a classification of users or service recipients adopted by
      the authority as herein provided shall be lien upon  the  real  property
      upon  which,  or  in connection with which, services are provided or are
      made available, as and from the first date fixed for a payment  of  such
      rates,  rentals,  fees  and  other  charges.  Any  such  lien shall take
      precedent over  all  other  liens,  or  encumbrances,  except  taxes  or
      assessments.  The  treasurer of the authority shall prepare and transmit
      to the board of supervisors of the county, on or before the first day of
      November in each year, a list of those properties using such  facilities
      or  for  which  such  services  or  commodities  were  provided  or made
      available and from which the payment of rates, rentals, fees  and  other
      charges  are  in  arrears  for a period of thirty days or more after the
      last day fixed for payment  of  such  rates,  rentals,  fees  and  other
      charges  without  penalty. The list shall contain a brief description of
      such properties, the names of the persons or corporations liable to  pay
      for the same, and the amount chargeable to each, including penalties and
      interest, as applicable, computed to December thirty-first of that year.
      The  board  of  supervisors  shall levy such sums against the properties
      liable and shall state the amount thereof in a separate  column  in  the
      annual  tax  rolls  of  the  county  under the heading "water charge" or
      "sewer  disposal  charge,"  as  applicable.  Such   amounts,   excluding
      penalties  and  interest  when  collected  by  the  county  collector or
      receiver of taxes, shall be paid over to the treasurer of the authority.
      Penalties and interest shall be retained by the  collector  which  shall
      become  a part of the general funds of the county. All of the provisions
      of the tax law of the state  governing  enforcement  and  collection  of
      unpaid  taxes  or  assessments for special improvements not inconsistent
      herewith shall apply to the collection of such  unpaid  rates,  rentals,
      fees and other charges.
    
        * NB There are 2 § 1199-yyyy's