Village of Alfred

Introductory Local Law #3 of 2018.

LOCAL LAW ESTABLISHING FEES FOR REFUSE COLLECTION

SECTION 1. PURPOSE.

The cost of refuse, garbage and solid waste collection and disposal has

substantially increased over recent years. The Board of Trustees of the Village of

Alfred finds it to be in the public interest to continue to provide refuse, garbage and

solid waste collection and disposal service and to create a village-wide special

assessment for the purpose of imposing a user fee to defray the cost of providing

such service.

SECTION 2. USER FEE ESTABLISHED; DEFINITIONS.

A. All properties constituting a separate functional unit, whether residential,

commercial or industrial, shall hereafter be liable for the payment of a user fee for

the collection and disposal of refuse, garbage and solid waste, including recyclable

materials within the Village of Alfred. Such fees shall not exceed the reasonably

estimated costs incurred by the Village of Alfred for providing such services.

B. DEFINITIONS. As used in this Local Law the following definitions shall have

the meanings indicated:

1. Unit – each separate residential, commercial or industrial facility that

encompasses all or a portion of any parcel of real property. Any household,

apartment, storefront, or building shall constitute at least one unit, but may

comprise of multiple units if divided into separate and distinct functional facilities.

2. Parcel – each separately assessed or taxed unit of real property that is

assigned a separate “SBL” (Section, Block, Lot) number by the County Office of Real

Property Services for taxing and assessment purposes.

3. Residential Unit – any structure or part of a structure that is utilized

primarily for dwelling purposes by an individual, family, or other group. Each unit

would typically include separate cooking facilities, bathroom, facilities, and sleeping

facilities.

4. Commercial Units – any structure or part of a structure that is utilized

primarily for wholesale or retail business activities, including sales establishments,

restaurants, offices, or similar establishments.

5. Industrial Units – any structure or part of a structure that is utilized

primarily for manufacturing or processing products for sale to wholesalers,

retailers, or to the general public.

SECTION 3. FEE AMOUNTS; SCHEDULE.

A. The user fees shall from time to time be fixed and/or amended by resolution

of the Village of Alfred Board of Trustees. Such fees shall be established and set to

recoup a portion or all of the reasonably calculated costs incurred in providing such

service. Such fees shall be charged on a per unit basis, and shall be the

responsibility of the property owner of record for which the service is being

provided.

B. Fees shall be charged on a quarterly basis, upon a billing schedule

established by resolution of the Village of Alfred Board of Trustees.

C. The initial quarterly fee for each separate Unit shall be in the amount of

Thirty Dollars ($30.00) per quarter (three month long period of time).

D. Each Unit shall be entitled to set out and have collected a weekly amount of

Garbage, refuse and solid waste not exceeding one hundred (100) cubic feet per

week (eg 5′ x 5′ x 4′). Only materials generated at that unit (within the Village of

Alfred) can be disposed of using this service.

SECTION 4. PROCEDURE FOR CHANGING USER FEE SCHEDULE.

A. The Village of Alfred Board of Trustees shall conduct a public hearing prior to

changing any fees set forth in this Local Law. Such hearing shall be pursuant to

notice published in an official newspaper of the Village, not less than ten (10) days

before the date of the hearing. The proposed amendments (or changes) to the fee

schedule shall be available for public inspection at least ten (10) days prior to the

public hearing, and notice of the same shall be set forth in the previously mentioned

published notice of hearing.

B. Following the conduct of the public hearing, the Village Board of Trustees

shall be free to adopt a resolution consistent with the proposal contained in the

proposed amendments (or changes) that were available for inspection at least ten

(10) days prior to the public hearing. Upon adoption of such resolution, a copy of

the newly adopted collection fees and rates shall be made available for public

inspection at the Village Clerk’s Office and on the Village of Alfred website.

Following adoption of any amendments (changes) of the user fee schedule as set

forth herein, any person aggrieved thereby may, within fifteen (15) days after such

adoption, apply to a court of competent jurisdiction for an order of certiorari to

review such amendments (changes). The user fee schedule shall be deemed final

and conclusive unless such an application is made within such fifteen (15) day

period after the Village Clerk posted such notice in his/her office, and after notice

was published on the Village website.

C. The procedures set forth in this Section for amendment (change) of the user

fee schedule are intended to supersede any conflicting procedure set forth in the

Village Law of the State of New York, including but not limited to those procedures

set forth in Village Law Section 22-2200.

D. All user fees imposed pursuant to this Local Law shall be billed on a

quarterly basis by the Village of Alfred to the property owner or such other person

designated by the property owner to receive bills. All such fees shall be paid within

thirty (30) days after mailing of the invoice. Amounts thereafter outstanding and

unpaid shall accrue penalties as provided by New York State Village Law Section 5-

518, subdivision 4, as may from time to time be amended. All outstanding

delinquent amounts shall be assessed as a lien against the real property in

accordance with the provisions of Village Law Section 5-518, as may be from time to

time amended.

SECTION 5. ADDITIONAL REGULATIONS.

The Village of Alfred Board of Trustees may, by resolution, adopt regulations and

rules regarding and facilitating the implementation and administration of this Local

Law, provided such regulations and rules are not inconsistent with this Local Law.

SECTION 6. PENALTIES FOR VIOLATIONS.

A. Any person, firm, corporation or other legal entity that violates or neglects to

comply with the provisions of this Local Law shall, upon conviction thereof be

punishable by imposition of a fine of not less than One Hundred Dollars ($100.00)

nor more than Two Hundred Fifty ($250.00) for each separate violation. Each date

of non-compliance shall constitute a separate and distinct violation.

B. Violations shall include, but not be limited to the following: setting out an

amount of garbage, refuse or solid waste that exceeds the maximum allowed by this

local law; disposing of garbage, refuse or solid waste that was not generated within

the Village of Alfred, but which was brought into the Village for purposes of

disposal; failure to comply with the duly enacted regulations and rules of the Board

of Trustees.

SECTION 7. SEVERABILITY.

Should any section, clause, or provision of this Local Law be declared to be invalid

by a Court of competent jurisdiction, the same shall not affect the validity of any

other part or section of this Local Law as a whole or parts thereof, other than the

part so declared to be invalid.

SECTION 8. EFFECTIVE DATE.

This Local Law shall become effective immediately upon its filing in the Office of the

Secretary of State of the State of New York and be implemented at the start of the

2018-19 fiscal year.