Legislation
SECTION 1199-XXXX
Charges by the authority; method of collection
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 8-G
* § 1199-xxxx. Charges by the authority; method of collection. 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 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.
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 a 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 county legislature, 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 county
legislature 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-xxxx's
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 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.
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 a 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 county legislature, 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 county
legislature 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-xxxx's