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HomeMy WebLinkAbout2021_5_24_Local_Law_No_9 Local Law No. 9 - 2021 This local law shall be known as the “Deadline for Taking a Sewer Rent Appeal” Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: Pursuant to section 174-D of the Code of the Town of Mamaroneck, a sewer user can appeal the sewer rent he/she/it is charged. However, the current law does not contain a time period within which such an appeal must be taken. This amendment solves that problem by requiring an appeal to be taken by no later than March 31 of the year after the year that the sewer rent is imposed. This three-month period after the close of the preceding year affords a sewer user ample time to prepare an appeal. Section 2 – Amendment of a current section of the Mamaroneck Code: Section 174-D of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: “Any system user who maintains that such system user’s sewer rent should be reduced for any given year may make one application to the Town Board for a reduction in that year's sewer rent. Such application must be in writing, must be made no later than March 31 of the following year, and be supported by evidence that proves either: (1) That the system user's water consumption was less than the water consumption that was used to calculate the system's user's sewer rent for that year; or (2) That the amount of the system user's water consumption that actually was discharged into the sanitary sewer system was less than the amount of water consumption used to calculate the system user's sewer rent. Failure to apply for a reduction in the sewer rent by the last date on which such application can be made is an absolute bar to a reduction in sewer rent for the year at issue.” Section 3 – Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4 – Effective Date: This Local Law shall become effective upon the later of the filing with the Secretary of State or July 1, 2021.