LL #03-1998LOCAL LAW # 3 _ OF 1998
TOWN OF WAPPINGEK
A Local Law entitled "Assessment of a Tcn (10%) Percent Late Penalty on Water and
Sewer Charges".
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section 1: Title: Assessment of a Ten (10%) Percent Late Penalty on Sewer and
Water Charus.
This Local Law shall be known and cited as Town of Wappinger Local Law No.
#3 of 1998, entitled "Assessment of it "Ten (10%) Percent Late Penalty on Water and
Sewer- Charges", and formalizes the Town's practice of imposing late penalties for unpaid or
untimely paid sewer and water charges in accordance with "Town Law Section 1.98(3)(d) and
General Municipal Law Section 452(5)(d) in order to more efficiently bill the residents of the
Town of Wappinger for such public utilities.
Section 2: Leuislative Intent and Purpose.
1. The Town Board heretofore authorized the imposition of it policy imposing a Ten.
(10%) Percent late penalty for all payments of sewer and water charges that are delinquent by
thirty (30) days or more. In accordance with Section 198(3)(4) of the Town Law and Section
452(5)(d) of the General Municipal Law, the Town is permitted to assess a Ten (10%) Percent
late penalty on all unpaid sewer and water charges in arrears for thirty (30) days or longer. By
adoption of this Local Law, the Town Board wishes to formalize its policy of assessing a Ten
(10%) Percent late penalty on delinquent sewer and water charges and, at the same time, provide
a five (5) day grace period before such penalties are imposed. In addition, any assessed penalty
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would appear on the next ensuing quarterly statement for sewer and/or water charges. A copy
of this Local Law will be forwarded by the Town Attorney to local title and/or land abstract
companies and the Dutchess, Orange, Ulster and Putnam County Bar Associations for
inforinational purposes.
2. Section 10 of the Municipal Home Mule l.,aw of the State of New York authorizes
a Town to adopt by Local Law for its own purposes, any statutory provision, amendment or
exemption which has been expressly authorized by the State Legislature for any other named
Town, thereby superseding general statutory provisions to the contrary.
3. Currently, whenever sewer and water charges are paid and/or received after their
due date and such payments do not include the required penalties, the entire payment is returned
to the taxpayer with a notice requesting that the payment be resubmitted with the assessed
penalties. This procedure has caused confusion for both employees oto the Town and residents
of the Town. The Town Board has determined that it would be in the best interests of the
residents of the "Town of Wappinger that the procedure for implementing the assessment of late
penalties on delinquent sewer and water charges be changed.
Section 3: Assessment of Ten (10%) Late Penalty on all Sewer and Water
Charges.
1. In accordance with the Legislative Intent noted above and pursuant to the authority
set forth in Town Law Section 198(3)(d) and General Municipal Law Section 452(5)(4), the
Town Board hereby imposes a Ten (10%) Percent penalty charge on all unpaid and/or delinquent
sewer and water charges in arrears for thirty (30) days or longer. In addition, the Town will
allow for a five (5) day grace period from the clue date, whereby if payment is received within
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five (5) clays of the clue date, no penalty will be assessed. lIowever, in the event payment is
received beyond the five (5) day grace period, any payments for water and sewer charges will
be received by the 'Town and applied towards the payment o1' current sewer and/or water
charges, and the 'Ten (10%) Percent penalty would be included with the next succeeding sewer
and water bill. Forpayments received after the five (5) day grace period, the Town's
Water/Sewer Billing Department will send a notice to the sewer/water customer and/or taxpayer
indicating:
it. that the payment was no( received in a timely manner;
b. stating the amount of' the penally; and
C. informing [lie customer/taxpayer that payment of the penalty is due
immediately upon receipt of'said notice.
The notice will also state that if the penalty is not paid by the time of the issuance of the next
sewer/water bill, the penalty will be reassessed on the next bill.
Section 4: Notification.
Because this Local Law is a departure from a long standing practice, the Town Board
directs that additional notice of the adoption of this Local Law be provided as follows:
1. Within thirty (30) days after the adoption of' this Local Law, the Town's Water
and Sewer Billing Department is hereby directed to send an abstract of this Local Law to all
sewer and water customers and/or taxpayers within any Sewer or Water Districts or
Improvements in the Town of Wappinger.
2. The Attorney to the Town is hereby directed to send a copy of this Local Law to
all Title Insurance Companies and/or Abstract Companies listed in the most recent edition of the
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"Yellow Pages" in the Bell Atlantic "Dutchess County Plus" phone book, as well as to the
Dutchess, Orange, Ulster and Putnam County liar Associations.
Section 5: Separability.
1. The provisions of this Local Law are separable and if any provision, clause,
sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or
inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or
inapplicability shall not affect or impair any of' the remaining provisions, clauses, sentences,
subsections, words or parts of' this Local Law or their application to other persons or
circumstances. It is hereby declared to be the legislative intent that this Local Law would have
been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection,
word or part had not been included therein, and if such person or circumstance to which the
Local Law or part thereof is held inapplicable had been specifically exempt therefrom.
Section G: Supersession.
Pursuant to Municipal Home Rule Law Section 22, the provisions of this Local Law are
intended to supersede any inconsistent or contrary provisions contained in the New York State
Constitution or in Town Law Section 198, or General Municipal Law Section 452.
Section 7: Effective Date.
This Local Law shall take effect immediately upon adoption and filing with the Secretary
of State as provided by the Municipal Home Rule Law.
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(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
(Final adoption by local legislative body only.)
hereby certify that the local law annexed hereto, designated as local law No. #3 of 19 98
the (X7UM*)P2DtY)(Town)lWWAX) of Wappinger was duly passed by the
Town Board on April 27 19 98, in accordance with the applicable provisions of law.
lame o( Legu ative o y
!" -sage by local legislative body with approval, no disapproval or repassage after disapproval
the Elective Chief Executive Officer%)
herr./ certify that the local law annexed hereto, designated as local law No. of 19
f the (County)(City)(Town)(Village) of was duly passed by the
on 19 —
, and was (approved)(not disapproved)(repassed after
fame of egie ative o y)—
isapproval) by theand was deemed duly adopted on
ectwe 'hie Executive [titer
i accordance with the applicable provisions of law.
(Final adoption by referendum.)
19
hereby certify that the local law annexed hereto, designated as local law No. of 19
C the (County)(City)(Town)(Village) of was duly passed by the
on 19 , and was (approved)(not disapproved)(repassed after
Name of Legislative Body
isapproval) by the _ on 19 Such local law was
Elective Chief Executive Officer')
ubmitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
ote of_ a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
. 19_, in accordance with the applicable provisions of law.
t bject to permissive referendum and final adoption because no valid petition was filed requesting
ercdurn.)
hereby certify that the local law annexed hereto, designated as local law No. of 19 _
f the (County)(City)(Town)(Village) of was duly passed by the
Name of Legislative Body on 19 , and was (approved)(not disapproved)(repassed after
lisapproval) by the on 19 Such local law was subject to
Elective Chief Executive officer') —"
)ermissive referendum and no valid petition requesting such referendum was filed as of 19
n accordance with the applicable provisiofis of law. —
Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a
county -wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city
or village, or the supervisor of a town where such officer is vested with the power to approve or veto local
laws or ordinances.
(2)
5. (City local law concerning Charter revision proposed by petition.)
I.hereby certify that the local law annexed hereto, designated as local law No. of 19
of the C;ty of having been submitted to referendum pursuant to
the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote
of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on .
19_, became operative.
6. (County local Iaw concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the County of , State of New York, having been submitted to
the electors at the General Election of November ' 19_, pursuant to subdivisions 5 and 7 of
section 33 of the Municipal Home Rule Law, and having received the affirmative vote of -a majority of the
q. lfied electors of the cities of said county as a unit and of a majority of the qualified electors of the towns
olid county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an nppropritate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that
the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted.
in the planner indicated in paragraph .1 , above.
C7�)
SA
er o 1e own o aga Cler
or officer designated by local legilsative body
ELAINE SNOWDEN, Town Clerk
(Seal) Date: r
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other auihorized Attorney of locality.)
SIE OF NEW YORK
LrYOF DUTCHESS
I,- the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had or takers for the enactment of the local law annexed hereto.
,--17
al� —
• Signature
ALBERT P. ROBERTS, Attorney to the Town
Title
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Town of Wappinger
Vu�I1X�X
Date:
(3)