[Adopted 4-17-2025 by L.L. No. 3-2025; amended in its entirety 4-13-2026 by L.L. No. 1-2026]
A. 
The Solvay Village Board has caused an assessment plan to be prepared and placed upon records with the Village Clerk for the special assessment of all benefited properties receiving refuse pickup within the Village of Solvay pursuant to the provisions of Village Law § 22-2200. The Village currently provides refuse collection through collection services procured through public bid. The Village Board finds it appropriate to make a special assessment for the cost of refuse collection within the Village and to apportion that cost amongst the tax parcels (defined below) of the Village as all such parcels are especially benefited.
B. 
The Village adopts this article under the authority noted above as well as the New York State Constitution Article 9 § 2(c)(8); Municipal Home Rule Law (MHRL) § 10, Subdivisions 1(ii)e(2) and 1(ii)c(3) to amend the existing special benefit assessment article for refuse collection.
C. 
The locally established formula set forth in this article creates a per tax parcel unit assessment (unit charge) which is then applied to each tax parcel. To the extent same contain contrary provisions inconsistent with those set forth herein, this article hereby supersedes the provisions of Village Law §§ 5-516; 5-518; and 22-2200.
D. 
The annual cost of refuse collection within the Village is established through the public bid process and is currently $660,507 for the upcoming fiscal year. There are currently 2,754 tax parcels within the Village subject to payment of the cost of municipally provided refuse collection (hereinafter "tax parcels" or "tax parcel"). The formula which the Village herein establishes therefore provides for a current special assessment or unit charge of $240 per tax parcel within the Village of Solvay. This special assessment unit charge will be modified each year in keeping with the formulas set forth in § 133-2, below, as may be amended from time to time.
E. 
In addition to single-family residential, which will be assessed one unit, the following property tax class units will be assessed as follows:
220 – Two-Family Residential – will be charged 2 units
215 – One-Family Residential with Apartment – will be charged 2 units
230 – Three-Family Residential – will be charged 3 units
280 – Residential Multiple – will be charged 2 units
281 – Multiple Residential – will be charged 2 units
F. 
Excluded from the special assessment for refuse will be all property classes: 311-Residential Vacant Land.
(1) 
All other non-exempt property classes will be charged one unit.
G. 
The Board further finds that all parcels within the Village are especially benefited from the municipal provision of refuse collection and that the most appropriate and equitable means of paying for the cost of refuse collection is through equal special assessment against each parcel.
The Village Board of the Village of Solvay therefore approves and adopts the following:
A. 
There shall be an annual special assessment against the tax parcels within the Village to pay the cost of the special benefit conferred upon such properties from the municipally provided collection of refuse.
B. 
The special assessment shall be calculated on the locally established formula as follows: (cost of annual municipally provided refuse collection within the Village of Solvay) divided by (the number of tax parcels (as defined hereinabove) within the Village of Solvay), which shall equal the unit charge specially assessed for each tax parcel.
The special benefit assessment area created by this article shall be all properties within the borders of the Village of Solvay.
A. 
The Village Board of Trustees hereby determines that the special assessment created herein shall be annually levied and shall be due at the same time as real property taxes. The amount of each annual special assessment shall be extended in a separate column in the annual tax roll and shall appear as a separate line item on each tax parcel's tax bill. The same penalties for non-payment of the special assessment shall attach as in the case of non-payment of the Village tax, as provided in the Real Property Tax Law, and there shall be no relevy of the unpaid installment as prescribed in § 133-5 of this article, but such unpaid installment shall be collected as provided in said Real Property Tax Law. If any assessment or annual installment thereof be not paid within the thirty-day period, penalties shall be computed from the expiration date of such thirty-day period at the rate of 1/2 of 1% per month or portion thereof until the assessment is paid or discharged. All penalties collected shall be credited to the general fund.
B. 
The Village Board accepts the plan and map on file with the Village Clerk. The proposed creation of the subject Refuse Collection Special Assessment Area and its special assessment hereinabove described are in the public interest.
C. 
Any person aggrieved by the creation of this special assessment benefit area may, within 15 days after the filing of the apportionment and map, apply to a court of record for an order of certiorari to review the assessment. The apportionment, the assessments, and the map are deemed final and conclusive unless an application is made within the fifteen-day period.
D. 
The Village Board is authorized to revise the assessment provided herein annually, contemporaneously with the review and adoption of the annual budget, and may annually change the resultant unit charge based upon a change in the annual cost of refuse collection or number of tax parcels within the Village, consistent with the locally established formula set forth in § 133-2, above, by resolution duly adopted after public hearing as required in the Village Law and/or Municipal Home Rule Law and upon the filing of a revised plan with the Village Clerk.