City Council:
LOCAL LAW NO. __ OF 2025
A LOCAL LAW OF THE CITY OF
MOUNT VERNON, NEW YORK,
AMENDING THE REFUSE SUSTAINABILITY FEE
Whereas, an amendment to clarify and enhance the current Local Law as written is necessary; and,
Whereas, the inclusion of the two added definitions will provide clear guidance on the classifications of Industrial Properties and Commercial Properties; and,
Whereas, this Amendment will ensure that there will be equitable application of the Refuse Sustainability Fee;
Now therefore, be it enacted by the City Council of the City of Mount Vernon, New York, in the County of Westchester, as follows:
Section 1. Section 112-c of Chapter C Article IX Department of Public Works, also known as the Charter of the City of Mount Vernon, as added by Local Law No. 3 of 2022, is hereby amended to read as follows:
Section 112-c Refuse Sustainability Fee.
(1) Purpose; authority. Establishment of refuse sustainability fee. The City Council of Mount Vernon (“City”) hereby establishes a Refuse Sustainability Fee to defray the cost of collection, transportation, and disposal of solid waste and recyclables from improved real properties in the City.
(2) Definitions. All terms outlined in this local law shall have the same definitions as outlined in Chapter 112-b, “Sewer Rents” of the Mount Vernon City Charter, unless otherwise noted herein.
(3) Computation of refuse sustainability fees. The Refuse Sustainability Fee for each calendar year foreach improved real property in the City shall be calculated by multiplying the number of parcels on each such tax assessment lot, as shown on the most current tax assessment roll and records of the City Assessor, by the Refuse Sustainability Fees outlined in Part II: General Legislation; Chapter 126: Fees and Deposits; Article VI: Sewer Rents and Refuse Sustainability Fees of the Mount Vernon City Code.
Changes in fees. The Refuse Sustainability Fee may be changed by amending Part II: General Legislation; Chapter 126: Fees and Deposits; Article VI: Sewer Rents and Refuse Sustainability Fees of the Mount Vernon City Code.
(4) Billing of refuse sustainability fees. The Refuse Sustainability Fee for each improved real property in the City shall be billed for each calendar year as a separate line item on a biannual real property tax bill for each such tax assessment lot. Only in the year of the enactment of the Refuse Sustainability Fee, must it be due in full by December 31. Every year thereafter, it will be due in conjunction with the City Property tax schedule.
(5) Usage of refuse sustainability fees. The collection of revenue from the Refuse Sustainability Fees shall only be used to defray the cost of collection, transportation, capital projects, benefits, and disposal of solid waste refuse and recyclables within the City of Mount Vernon.
(6) (a) Ability to opt out of refuse sustainability fees. The Refuse Sustainability Fees can only be opted out of by commercial and industrial improved real property in the City. These opt-outs must be submitted by written communication to the Commissioner of the Department of Public Works before September 30 of the current year to be effective for the next succeeding year.
(b) Industrial Property. Industrial Property shall be deemed as property used for repair, trade, or manufacturing, production, assembly, or processing of finished products and fabrications. This includes any office or other accommodation on the same property, the use of which is incidental to such activity.
(c) Commercial Property. Commercial Property shall be deemed as property intended to generate a profit from capital gains, such as office buildings, hotels, farmland, warehouses, medical centers, garages, and other similar uses. This includes any office or other accommodation on the same property, the use of which is incidental to such activity.
(7) Levy and lien of unpaid refuse sustainability fees. If a Refuse Sustainability Fee including accrued interest thereon is not fully paid by the second installment of the calendar year for which originally billed, the unpaid amount shall, pursuant to the procedures set for in § 120-cc of the General Municipal Law, become a lien as of January 1 of the next succeeding year and shall accrue additional interest, to be collected, and to be enforced in the same manner and at the same time as provided by law for City taxes due in such next succeeding year. An exception is made for the first year of the enactment of the Refuse Sustainability Fees.
Section 2. If any section of this local law shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this local law.
Section 3. This Local Law shall be retroactive to January 1, 2025, and shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.
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