[Adopted 11-1-2010 by L.L. No. 1-2010]
Pursuant to Municipal Home Rule Law § 10, Subdivision
1(ii)(e)(2), the Incorporated Village of Roslyn Harbor hereby creates
a special benefitted assessment area and authorizes the imposition
of a special benefit assessment on all improved residential properties
in that area in order to provide for the ongoing collection of solid
waste generated from those residential dwellings, which are within
the special benefitted area.
The Village of Roslyn Harbor hereby determines that the creation
of a special benefitted area and the imposition of a special benefit
assessment for the ongoing collection of solid waste generated from
residential dwellings within the Village is a community improvement
that enhances the quality of life in the Village and improves the
general welfare of those residents within the special benefitted area.
Further, imposing a special benefit assessment on those properties
receiving the benefit of collecting solid waste from their residence
will also preserve and protect the health, safety, comfort and general
welfare of those Village residents within the benefitted area. The
special benefit assessment will allow for the annual assessment of
the cost incurred by the Village to provide ongoing solid waste collection
to be equitably shared on a per-unit cost basis, fairly distributing
the collection and administrative costs incurred by the Village among
those benefitted residential dwellings within the benefitted area.
As used in this article, the following terms shall have the
meanings indicated:
Includes garbage, recyclables, trash, refuse and rubbish,
but shall not include hazardous waste and nonprocessible waste.
An annual assessment set by the Board of Trustees and levied
on all improved residential real properties situated and located within
the benefitted area of the Village. The total assessment shall be
based upon the total cost for the removal of solid waste, including
administration expenses incurred by the Village in providing this
service to the benefitted residential dwellings within the Village.
The assessment shall be allocated equally among the benefitted properties
within the benefitted area on a per-dwelling basis.
All parcels of land located and situated within the Village
of Roslyn Harbor which are currently improved with a residential dwelling
unit; excluding those properties that have requested to be excluded
from solid waste collection, and those properties that are operated
under special use permit, or are legally used for commercial purposes.
A.
On or before December 1, 2010, the Board of Trustees shall file in
the office of the Village Clerk a list of all properties constituting
the benefitted area. Any property owner desiring to have their property
initially excluded from the benefitted area shall file a written election
with the Village Clerk on or before November 30, 2010. Thereafter,
on 10 days notice, both published and mailed to all property owners
listed, the Board of Trustees shall hold a public hearing on the formation
of the special benefitted assessment area and the inclusion of the
listed properties within the benefitted area. After public hearing,
the Board of Trustees may complete the establishment of the special
benefitted assessment area. The final listing of properties to be
included in the benefited area shall be filed with the Village Clerk,
who shall publish notice of its filing. Any aggrieved property owner
may seek an order of certiorari to review inclusion of their property
within the benefitted area in a court of record, as provided by Article
78 of the Civil Practice Law and Rules. Such proceeding must be commenced
within 15 days after the final list is filed with the Village Clerk.
B.
For subsequent calendar years, any property owner seeking to have
their property either excluded from or included in the benefitted
area must file a written election on or before December 15 of the
preceding year. A property owner, within 60 days of purchasing property
previously excluded from the benefited area, may petition to have
the property included within the benefitted area. The Board of Trustees
shall be authorized to add to or remove properties from the benefited
area in its sole discretion.
After a public hearing, the Village Board of Trustees may by
resolution annually establish, levy and collect the special assessments
on all properties within the benefited area. A listing of all property
within the benefitted area and the assessment levied by the Board
of Trustees shall be filed with the Village Clerk.
Once levied, the special benefit assessment shall be a lien
on all properties within the benefitted area for the full amount of
the annual assessment. The assessment must be paid by each property
owner in the benefitted area without penalty on or before July 1 of
the year assessed, unless otherwise required by the Board of Trustees.
If any special benefit assessment is not timely paid, penalties shall
be computed at a rate not to exceed 1% per month until the special
benefit assessment is paid or discharged.
The Board of Trustees of the Incorporated Village of Roslyn
Harbor shall be authorized by resolution to establish, amend or repeal
rules, regulations, fees and procedures pertaining to the administration
of collection and disposal of solid waste within the special benefitted
assessment area as it shall determine, in its sole discretion, necessary
and proper.
