[Adopted 10-24-1988 by L.L. No. 13-1988[1]]
[1]
Editor's Note: This law passed referendum 12-20-1988.
The Village of Pleasantville Residential Refuse and Garbage District
("district") is hereby established, to be bounded and described as set forth
in Exhibit A attached hereto and made a part hereof,[1] pursuant to Municipal Home Rule Law § 10. The rendering of services to be furnished by and on behalf of said district shall be in accordance with the provision of Article I, Garbage and Rubbish, of this chapter and the rules and regulations promulgated pursuant thereto. The Village Board of Trustees has determined that all the property and property owners within said district are benefited thereby; that all of the property and property owners benefited are included within said district; and that the establishment of the district is in the public interest.
[1]
Editor's Note: Exhibit A is included at the end of this article.
There is hereby established and imposed a special benefit assessment
unit charge upon the property in the district used for residential purposes.
As used in this article, the following terms shall have the meanings
defined herein:
The Village of Pleasantville Residential Refuse and Garbage District
created pursuant this article.
A dwelling unit used for residential purposes. Each dwelling unit
in a multifamily building and attached townhouses shall be considered a separate
service unit for the purposes of this article.
The cost assessed to a service unit for twice-per-week collection of refuse and other collection services and disposal services as provided in Article I, Garbage and Rubbish, and the rules and regulations adopted pursuant thereto.
Unit charges established herein shall be imposed on the owners of all
service units located within the district except as follows: Service units
which are located on properties which are divided by a town or village boundary
line shall be assessed unit charges pursuant to this article unless the owner
of any such property files a written notice with the Village Clerk stating
that the owner does not wish to receive refuse collection services from the
district. Such written notice must be received by the Village Clerk on or
before February 1, 1989, in order to be effective. As to any such service
unit for which no notice is filed, such service unit shall be assessed unit
charges in accordance with this article and shall have no right to thereafter
discontinue such services or charges due to location of such town or village
boundary, except upon approval of the Village Board of Trustees of the Village
of Pleasantville upon written application demonstrating financial hardship
and that such service unit is or will be served by the adjacent municipality.
The amount of the unit charges shall be adopted by the Village Board
of Trustees annually. The determination of unit charges shall be made by resolution,
after public hearing, and filed with the Village Clerk at the same time as
the establishment of the general village tax.
The unit charges for service units shall be based upon the following
formula:
A.
Detached single-family home: one unit.
B.
Detached single-family home with accessory apartment
or two-family house or two apartments on a single parcel with common garbage
service provided to both (garbage cans put together at same location): 1.5
units.
C.
Condominium, fee-simple townhouse or apartment with individual
garbage cans at each dwelling unit: one unit.
D.
Condominium, fee-simple townhouse or apartment with common
garbage containers for three or more dwelling units or with garbage cans for
three or more condominiums or apartments at a common location: 0.75 unit per
dwelling unit.
In accordance with § 5-518 of the Village Law, the following
shall apply to the special benefit assessments levied hereunder:
A.
The special benefit assessments levied pursuant to this
article shall be included and shown as a separate item on the real property
tax bills rendered by the Village of Pleasantville for collection of the general
village tax and shall be due at the same time as the general village tax.
B.
Said assessments levied pursuant to this article may
be paid without penalty within 30 days after issuance of bills therefor. Penalties
and interest for nonpayment shall attach and shall be collected as provided
in § 5-518 of the Village Law.
C.
Said assessments levied pursuant to this article shall
be levied on a separate assessment roll and shall be extended in a separate
column on the annual tax roll.
Anything to the contrary notwithstanding in this article, when a property
in the district first becomes a service unit as defined herein, the unit charge
for such year shall be prorated for the number of whole months, commencing
with the month on which such property becomes a service unit and ending with
the last month of such year, and shall be paid at the time such property receives
a certificate of occupancy.
Any person aggrieved by the amount of the unit charges assessed against
his or her property may file a complaint with the Village Assessor for review
and determination by the Board of Assessment Review in accordance with the
procedures applicable to other assessment complaints as provided in Title
1-A of Article 5 of the Real Property Tax Law, as the same may be amended
from time to time.
To the extent that any provision of this article is determined to be
inconsistent with Village Law § 22-2200 or any other provision of
the Village Law that may be superseded pursuant to the village's home
rule powers, said provision of the Village Law is hereby superseded.
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EXHIBIT A
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All of the following designated real property located within the Village
of Pleasantville as shown on the Official Tax Map of the Village of Pleasantville
and available for inspection at the Village Clerk's office during business
hours, being all residentially zoned and used property in the village.
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