[Adopted 9-19-2016 by L.L. No. 2-2016]
Pursuant to Municipal Home Rule Law § 10(1)(ii)(e)(2),
the Incorporated Village of Upper Brookville hereby creates a special
benefitted assessment area ("SBAA") and authorizes the imposition
of a special benefit assessment on all improved residential properties
in the SBAA in order to provide for the ongoing collection of solid
waste generated from those residential dwellings, which are within
the SBAA.
[Amended 4-10-2017 by L.L. No. 1-2017]
The Village of Upper Brookville hereby determines that the creation
of a SBAA 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 SBAA. The creation of the SBAA will significantly reduce
the number of pickup trips and vehicles' size and weight on Village
roads, reducing road wear, emissions and noise, all of which will
preserve and protect the health, safety, comfort and general welfare
of those Village residents. 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 for each dwelling, fairly distributing the collection and
incremental out-of-pocket administrative costs incurred by the Village
among those benefitted residential dwellings within the SBAA.
As used in this article, the following words shall have the
meanings indicated:
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
incremental out-of-pocket 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.
[Amended 4-10-2017 by L.L. No. 1-2017]
Includes garbage, recyclables, trash, refuse and rubbish,
but shall not include hazardous waste and nonprocessible waste. The
Board of Trustees may, by resolution, modify the materials that are
either included or excluded as solid waste under this article.
[Amended 4-10-2017 by L.L. No. 1-2017]
All parcels of land located and situated within the Village
of Upper Brookville 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.
[Amended 4-10-2017 by L.L. No. 1-2017]
A.
The Board of Trustees shall file with the Village Clerk a list of
all properties constituting the SBAA. The Village Clerk will notify
all property owners of the monthly cost to be assessed to properties
in the SBAA, along with the rules and regulations for the SBAA. Any
property owner desiring to have their property excluded from the SBAA,
or if previously filed to be excluded and now wish to be reinstated
to the SBAA, shall file a written election with the Village Clerk
on or before June 5, 2017. The final listing of properties to be included
in the SBAA shall be filed with the Village Clerk on June 6, 2017.
Property owners will be invoiced for the first 11 months' collection
and assessment costs and on July 1, 2017, collection of solid waste
from all properties then included within the SBAA will commence. For
subsequent years, property owners will be billed annually for collection
and assessment costs for the period then commencing June 1, 2018,
to May 31, 2019, and yearly thereafter.
B.
For subsequent calendar years, any property owner seeking to have
their property either excluded from or included in the SBAA must file
a written election on or before March 15 of the preceding year. A
property owner, who within 60 days of purchasing property previously
excluded from the SBAA, may petition to have the property included
within the benefitted area. A property owner entering a contract of
sale may petition to have the property excluded from the SBAA. The
Board of Trustees shall be authorized to add to or remove properties
from the benefitted area in its sole discretion.
[Amended 4-10-2017 by L.L. No. 1-2017]
The Village Board of Trustees may annually by resolution establish,
levy and collect the special assessments on all properties within
the SBAA. A listing of all property within the SBAA and the assessment
to be levied by the Board of Trustees on those properties shall be
filed with the Village Clerk.
Once levied, the SBAA 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 SBAA 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.
[Amended 4-10-2017 by L.L. No. 1-2017]
The Board of Trustees of the Incorporated Village of Upper Brookville
shall be authorized by resolution to establish, amend or repeal rules,
regulations, fees, schedules and procedures pertaining to the administration,
implementation and operation of the SBAA and collection and disposal
of solid waste within the special benefitted assessment area as it
shall determine, in its sole discretion, necessary and proper.
