[Adopted 4-11-2005 by L.L. No. 1-2005]
This article shall be known as "Refuse Fees."
The Board of Trustees finds it to be in the public interest to continue to provide garbage and solid waste collection to its residents, but bill for the service in a more equitable manner. This article removes refuse service from the tax levy and establishes a fixed fee for refuse collection based on dwelling use, either single-family, two-family, multifamily or commercial. Currently, refuse charges are a variable cost depending on assessed property value.
A. 
All property owners shall hereafter be responsible for the payment of a refuse fee for the collection of solid waste and garbage within the Town/Village of East Rochester. Such fees may not exceed the reasonably estimated direct and indirect costs incurred by the Town/Village for providing such services.
B. 
As used in this article, the following terms shall have the meanings indicated:
COMMERCIAL
All properties not specifically determined to be a single-family, two-family or multifamily dwelling shall, for purposes of this article, be classified as commercial property.
MULTIFAMILY
A building containing three or more families living independently of each other and with separate and complete housekeeping facilities for each family; and shall include the term "apartment house."
SINGLE-FAMILY
A building or dwelling unit designed or occupied exclusively by one or more persons living as a single, nonprofit housekeeping unit.
TWO-FAMILY
A building containing two dwelling units and used exclusively for occupancy by two families living independently of each other or two one-family dwellings having a party wall in common.
A. 
The refuse fee shall from time to time be fixed and/or amended by resolution of the Board of Trustees. Such fees shall be in amounts designed to recoup part or all of the reasonably calculated costs incurred in providing such service. Such fees shall be charged on the basis of the property's classification and shall be the responsibility of the property owner to whom the service is being provided.
B. 
The nature and structure of the foregoing fee schedule are subject to change by resolution of the Board of Trustees.
A. 
The Board of Trustees shall conduct a public hearing prior to changing any fees as set forth herein. Such hearing shall be pursuant to notice published in an official newspaper of the Town/Village not less than 10 days before the hearing.
B. 
Following the public hearing, the Board shall be free to adopt such resolution. Upon adoption of such resolution, a copy of the newly adopted rates shall be made available for public inspection at the Town/Village Clerk-Treasurer's office.
C. 
The procedures set forth in this article for amendment of the refuse fee schedule are intended to supersede any conflicting procedure set forth in the New York State Village Law, including but not limited to those procedures set forth in New York State Village Law § 22-2200.
D. 
All refuse fees imposed pursuant to this article will appear as a separate line item on the Town/Village tax bill. Amounts thereafter outstanding shall accrue penalties as provided in New York State Village Law § 5-518, Subdivision 4, as may from time to time be amended. All outstanding delinquent amounts may be assessed as a lien against the real property in accordance with the provisions of New York State Village Law § 5-518, as may from time to time be amended.
The Board of Trustees may, by resolution, adopt regulations regarding the implementation and administration of this article.
This article shall not apply to any property on which there is no structure or building, commonly known as "vacant land."
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In addition to any penalties for outstanding fees set forth in § 160-23D of this article, any person, firm, corporation or other legal entity committing an offense against any provision of this article shall, upon conviction thereof, be punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
Should any section, clause or provision of this article be declared to be invalid by a court of competent jurisdiction, the same shall not affect the validity of this article as a whole or parts thereof, other than the part so declared to be invalid.
This article shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with § 27 of the Municipal Home Rule Law.