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:
SOLID WASTE
Includes garbage, recyclables, trash, refuse and rubbish,
but shall not include hazardous waste and nonprocessible waste.
SPECIAL BENEFIT ASSESSMENT
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.
SPECIAL BENEFITTED ASSESSMENT AREA and BENEFITTED AREA
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.
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.