Section 1180. Sewer rents  


Latest version.
  • Upon the filing with the common council of the
      city and the secretary of  state  of  the  state  of  New  York  of  the
      certificate  of  completion  of  the  project,  as  provided  in section
      fourteen hundred four of this chapter, the authority  is  authorized  to
      establish  a  schedule of rates, rentals or charges, to be called "sewer
      rents," to be collected from all real property served by its facilities,
      except that no ad valorem sewer rent  shall  be  assessed  against  real
      property  exempt from real property taxes pursuant to subdivision one of
      section four hundred, sections four hundred four, four hundred six, four
      hundred twelve, four hundred eighteen, subdivision one of  section  four
      hundred twenty, sections four hundred forty-six, four hundred fifty-two,
      four  hundred  sixty-two  and  four  hundred  seventy-seven  of the real
      property tax law, and to prescribe the manner in which and the  time  at
      which  such sewer rents are to be paid, and to change such schedule from
      time to time as may be deemed advisable. Such sewer rents may  be  based
      upon  either  the  consumption  of water on premises connected with such
      facilities, making due allowances  for  commercial  use  of  water,  the
      number  and kind of plumbing fixtures connected with such facilities, or
      the number of persons served by such facilities, or may be determined by
      the authority on any other equitable basis. Prior to the final  adoption
      or  modification  of  such  schedule of sewer rents, the authority shall
      adopt a proposed schedule of such sewer rents and publish notice thereof
      once a week for three successive weeks in the  official  publication  of
      the city. The notice so published shall be dated as of the date of first
      publication  thereof and shall state that the proposed schedule of sewer
      rents will remain open for inspection in the office of the authority for
      thirty days from the date of such notice, and  that  objections  thereto
      may  be  filed  during  said  period  with  the  authority by any person
      conceiving himself aggrieved  thereby.  The  authority  shall  hear  and
      examine  any  such  complaints  and may modify the proposed schedule and
      shall adopt a final schedule of sewer rents within sixty days after  the
      date  of  said  notice.  Such schedule shall be uniform for all property
      falling within the same classification. The schedule of sewer  rents  so
      adopted  shall  thereafter  be  the  sewer  rents to be charged all real
      property served by the facilities of the authority. From and  after  the
      due date thereof, such sewer rents shall constitute a lien upon the real
      property  served  by  the  facilities.  Such  lien  shall  have the same
      priority and superiority as the lien of the general tax of the city.  In
      the  event  that any such sewer rent shall remain unpaid for a period of
      ninety days, the authority may bring  and  maintain  an  action  in  the
      supreme court for the foreclosure of such lien, and, except as otherwise
      provided by this title, such lien shall be foreclosed in the same manner
      by  the  authority  as  the  lien  of the general tax of the city may be
      foreclosed by the city.