New York Laws
Title 8 - Buffalo Sewer Authority
1180 - Sewer Rents.

§ 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.