Legislation
SECTION 1147-F
Charges by the authority; method of collection
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 6-D
§ 1147-f. Charges by the authority; method of collection. The
authority may fix and collect, on any equitable basis, rates, fees and
other charges for the use of its 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. The authority shall not establish, fix or
revise any classification of 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 therefor, 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.
All rates, fees and other charges for the use of the facilities or
services 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 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 respective
legislative body of each town or village wholly or partially within the
bounds of the authority, on or before the first day of December in each
year, a list of those properties within each respective town or village
using such facilities or for which such services 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 computed to December thirty-first of that year. Each governing
body 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
various towns and villages under the heading "sewer disposal charge".
Such amounts, excluding penalties and interest when collected by the
several town or village collectors or receivers of taxes, shall be paid
over to the treasurer of the authority. Penalties and interest shall be
retained by the collectors which shall become a part of the general
funds of the collecting town or village. 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.
authority may fix and collect, on any equitable basis, rates, fees and
other charges for the use of its 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. The authority shall not establish, fix or
revise any classification of 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 therefor, 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.
All rates, fees and other charges for the use of the facilities or
services 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 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 respective
legislative body of each town or village wholly or partially within the
bounds of the authority, on or before the first day of December in each
year, a list of those properties within each respective town or village
using such facilities or for which such services 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 computed to December thirty-first of that year. Each governing
body 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
various towns and villages under the heading "sewer disposal charge".
Such amounts, excluding penalties and interest when collected by the
several town or village collectors or receivers of taxes, shall be paid
over to the treasurer of the authority. Penalties and interest shall be
retained by the collectors which shall become a part of the general
funds of the collecting town or village. 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.