State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-8 > 1180

§  1180.  Sewer  rents. 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.

State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-8 > 1180

§  1180.  Sewer  rents. 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-8 > 1180

§  1180.  Sewer  rents. 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.