[Adopted 7-18-1988 by L.L. No. 3-1988]
[Amended 5-17-1993 by L.L. No. 3-1993]
It is the intention of the Village of Suffern by the adoption
of this article to provide for a fair and equitable method of providing
for the removal of residential garbage and refuse and the apportionment
of the costs thereof. Accordingly, the Village of Suffern herein establishes
two districts so as to classify together those units with similar
garbage and refuse requirements. In order to accomplish this purpose,
it is the intention of this article to establish a district for residential
condominiums and cooperatives, which generally utilize garbage containers
or dumpsters for the removal of garbage and refuse, and to establish
a separate district for residential dwellings not exceeding six on
a lot which generally utilize standard-size garbage cans for curbside
pickup.
In order to equitably apportion the cost of such garbage and
refuse removal, the Village of Suffern also intends to remove the
expenses of such garbage removal from the general Village budget and
to charge the cost of garbage and refuse removal to those units in
such district receiving such service. As a consequence, any property
owner who does not receive garbage and refuse removal service from
or through the Village of Suffern will not be charged for the same
in either the general Village real property tax or the district tax.
Those units receiving such service will be charged on a unit basis.
In order to effectuate the formation of such districts, the
Board of Trustees herein exercises the authority delegated to it by
the Statute of Local Governments § 10, Subdivision 5, and
Municipal Home Rule Law § 10, Subdivision 1(ii)a(9-a) and
e(3), so as to establish such districts and the means to charge and
collect the charges, rates and fees therefor from the uses of such
service and to amend and supplement the application of the provisions
of the Village Law sections.
[Amended 5-17-1993 by L.L. No. 3-1993]
As used in this article, the following terms shall have the
meanings indicated:
Includes all condominiums, cooperatives and multifamily dwellings
in which garbage or refuse is deposited by the residents therein in
a dumpster or container for removal and all dwelling units located
on Arapaho Court, Bannock Court, Chippewa Court, Dakota Court, Erie
Court and Fox Court.
Includes all residential dwelling units, not exceeding six
in number on a single tax lot, which receive garbage and refuse pickup
by means of removal of garbage and refuse from a garbage can, not
in excess of 30 gallons, which can is placed at the curb of a public
street or road for removal of the garbage or refuse contained therein,
with the exception of any residential units located in the Container
Removal District.
One having a capacity of one or more cubic yards and the
contents thereof are emptied by means of mechanical equipment. A "dumpster"
or "container" is not serviced by curbside service but is stored and
maintained in a designated area.
The Board of Trustees hereby establishes a container removal
district and a curbside pickup district in accordance with the definitions
contained herein.
Garbage and refuse removal shall be conducted in accordance
with other applicable local laws and ordinances and the rules and
regulations promulgated by the Village of Suffern or Superintendent
of Public Works.
A.
Simultaneously with the preparation of the general Village budget
as specified in the Village Law § 5-508, the Village Treasurer
shall cause a budget to be prepared for each district established
herein.
B.
Only those property owners who receive garbage and refuse removal
service from or through the Village of Suffern will be taxed for garbage
and refuse removal.
C.
The tax per dwelling unit shall be computed by dividing the budget
for each district by the number of dwelling units in the district
receiving garbage and refuse removal service. Each condominium dwelling
unit and each cooperative unit shall be considered as a dwelling unit.
D.
Said tax shall be billed on and as part of the general Village tax
and shall be due and payable on June 1 of each year. At the option
of the Board of Trustees, adopted in the form of a resolution, tax
may be made payable quarterly or semiannually.
E.
Said tax shall be billed and collected and shall constitute a lien
on the real property which receives garbage removal service in the
same manner as the real property tax.
F.
All solid waste bills not paid before February 1 shall be assessed
a late charge of 5% of the gross amount of the bill and an additional
charge of 1% of the solid waste bill for each month thereafter.
[Added 4-11-2005 by L.L. No. 1-2005; 8-8-2005 by L.L. No. 6-2005; 8-11-2008 by L.L. No. 9-2008]
