Article III Municipal Collection

Owners and occupants of premises containing one to three units, whether owner occupied or non-owner occupied shall be eligible for public collection services by the Department of General Services in accordance with collection schedules and directives established by the Commissioner. All garbage to be collected must be placed in a sealed, watertight container with a lid. Waste intended to be picked up by the City may not be left outside in plastic bags, strewn about or outside of collection containers. The Department of General Services will provide one garbage container for each residential unit in areas of the City that are serviced by an automated side loader truck. These types of trucks require a specific size and type of waste containers. In areas not serviced by an automated side loader, the City does not provide garbage containers. Each property shall use one container that is sealed, watertight and has a lid, per unit. The container can be no more than 95 gallons. Each unit is allowed one container to be placed out for collection each week. The container should be marked with the property number and street for identification and enforcement purposes. Each container that is placed out for collection, whether the owner or occupant provides their own or it is provided by the City, cannot weigh more than 75 pounds any given week. The volume of waste within the container set out for disposal cannot exceed 55 gallons per unit for regular waste collection. The respective owners and occupants of private dwelling premises shall be responsible to ensure that there is no overflow of garbage at such premises creating a hazardous/unsanitary condition and/or unsightly appearance. Notwithstanding the foregoing, the City shall not by reason of this enactment unilaterally discontinue collection services to any property currently served on the date of this enactment, except for nonpayment of fees or other lawful reason.

[Amended 6-3-2021 by Ord. No. 33]

Recycling. The Department of General Services will also collect recyclable materials as defined in Chapter 234 of the City Code. Such recyclable materials will be collected on the same schedule established by the Commissioner of General Services for the collection of garbage. Recyclable material intended for collection must be placed in a City-approved container. The City will issue one container at no charge for each residential unit in a private dwelling premises. In the event additional recycling containers are needed for a residential unit, such container(s) will be issued by the Department of General Services to the respective owner/occupant at a fee to be determined from time to time by the Commissioner of General Services. The City will not collect recyclable material put out for collection that is not placed inside City-issued containers.

Composting. The City does not provide food waste or compost collection services at this time. It does advocate for composting at home or with a private collection service. If a property chooses to compost at home, it must follow the NYSDEC guidelines for home composting. If a property chooses to utilize a private collection service, that company or organization must be permitted with the City to haul waste material. The private collection service must also abide by private waste collection rules defined in Subsection D of this section of the Code.

Yard wastes. The Department of General Services will collect yard waste consisting of lawn clippings, leaves and trimings from bushes, shrubs and hedges. The Department of General Services will not collect trees from private properties that have been cut down or fallen down. In order to be collected, lawn clippings and leaves must be placed only in approved paper lawn and leaf bags. Plastic bags containing yard wastes will not be accepted for yard waste collection. If yard waste is placed out for collection in plastic bags, it will be considered garbage and thrown into the garbage. Trimmings from bushes, shrubs and hedges will only be collected if such trimmings are placed in paper lawn and leaf bags or are tied in bundles no longer than three feet long, no heavier than 30 pounds and are not wider than six inches in diameter. In order to have yard waste collected by the Department of General Services, the respective owner/occupant must first contact the Department of Public Works to advise of the extent/volume of yard wastes to be collected. Based on the information provided to the dispatcher, the Department will determine whether such yard wastes will be collected on a regular collection day or on a separately scheduled date. The Commissioner of General Services reserves the right to temporarily collect properly bagged yard waste throughout the City on a regular collection schedule for a set amount of time. These regularly scheduled pickups will occur during waste and recycling collection and will be notified to the public before they begin and end.

Solid waste management fees. The owner and/or occupant of each residential unit will pay an annual fee per unit for the public solid waste collection services provided by the City. The solid waste management fee shall be set in the annual budget process and the fees will fund the City's garbage fund. The solid waste management fee is subject to annual review and adjustments in accordance with Subsection C(6) below. The number of units subject to the solid waste management fee shall be based on the records maintained by the Office of the Tax Assessor.

[Amended 9-10-2020 by Ord. No. 68]

(6)

Fee determination and adjustment. The Mayor, as part of the annual budget process, shall propose the solid waste management fee for the upcoming fiscal year. The Comptroller will establish and maintain a separate account within a separate governmental garbage/refuse fund designated as "CL" to track the revenues and expenditures relating to the garbage/recycling services to be provided by the Department of General Services during the course of each fiscal year. The Mayor, at the time of the submission of the proposed budget for the upcoming fiscal year, shall provide the City Council with a statement of revenues, expenditures, changes in the account balance and estimated expenditures for the upcoming fiscal year as provided by the Comptroller. Based upon that information, the Mayor shall recommend a solid waste management fee in the amount sufficient to meet the estimated expenditures for the next fiscal year. Upon approval of the budget by the City Council, a copy of the approved fee schedule will be maintained in the office of the City Clerk and Department of General Services.

(7)

Solid waste management fee exemptions.

[Amended 6-3-2021 by Ord. No. 33]

(a)

The owner of an owner-occupied residential premises who has qualified for an Enhanced STAR reduction as indicated by records maintained in the Office of the City Assessor shall be entitled to an exemption from the solid waste management fee for the residential unit in which the owner is actually residing, subject to annual filing of an exemption application form with the Commissioner of General Services and verification of such occupancy by Code Enforcement personnel.

(b)

The owner of an owner-occupied residential premises with three or fewer residential units as indicated by records maintained in the Office of the City Assessor shall be entitled to an exemption from the solid waste management fee for each residential unit that actually is and will remain unrented and unoccupied for the entire year in the owner-occupied residential premises, subject to annual filing of an exemption application form with the Commissioner of General Services and verification of such vacancy by Code Enforcement personnel.

(c)

Subject to annual filing of an exemption application form with the Commissioner of General Services and verification of such vacancy by Code Enforcement personnel, an owner of a premises that is duly listed on the City Vacant Building Registry, and for which the vacant building fee payment is current, shall be entitled to an exemption from the solid waste management fee unless it is determined by the Commissioner of General Services of the Bureau of Code Enforcement that solid waste materials are being generated and/or deposited at the site of such vacant building.

(d)

The owner of premises who has entered into a contract approved by the Commissioner of General Services for collection of solid waste and recyclables by a firm or individual having a solid waste collection permit issued by the City shall be entitled to an exemption from the solid waste management fee for each residential unit at the premises, provided that the owner: (i) makes application for the exemption annually on a form approved by the Commissioner by the deadline set by the Commissioner; (ii) furnishes a copy of a currently valid service agreement/collection contract specifying the address to be served and stating that both trash and recycling materials are to be collected; and (iii) furnishes a copy of a recent paid invoice or other form of receipt acceptable to the Commissioner.

(8)

Nonresident utilization. The garbage/recycling collection and disposal services are provided for the benefit of residents and premises located in the City of Troy, and no person or entity shall transport any garbage, recycling or yard wastes into the City in order to utilize such collection and disposal services.

(9)

Additional solid waste materials. The Commissioner may also establish and amend such procedures, regulations and fee schedules as deemed necessary to effectively deal with the collection and disposal of other types of solid waste materials from premises located in the City of Troy. Such procedures, regulations and fee schedules shall take effect upon approval by the Mayor and filing in the office of the City Clerk and the Department of General Services.

(10)

Late payment interest charges. A monthly interest charge of 3% shall be added to any delinquent installment.

Commercial, institutional and multiple-dwelling premises.

As a general rule, the Department of General Services will not provide solid waste collection services to commercial, institutional and multiple-dwelling premises with more than three units located in the City of Troy. The owners of such premises must arrange for the collection of solid wastes by means of a private contractor duly approved and permitted by the City at their own cost and expense. The owners/occupants of such premises will utilize a dumpster for the temporary storage of such solid wastes with recyclable and compost materials appropriately separated as set forth in the City's Solid Waste Long-Term Plan. Where the installation of a dumpster is not possible or desirable due to the location or configuration of specific premises, the respective owner may utilize such other approved waterproof containers and recycling containers as will be provided by the private contractor. Notwithstanding the foregoing, the City shall not by reason of this enactment unilaterally discontinue collection services to any property currently served on the date of this enactment, except for nonpayment of fees or other lawful reason.

[Amended 6-3-2021 by Ord. No. 33]

The respective owner of such premises shall arrange for the collection and removal of such solid wastes by its contractor with sufficient frequency, but at a minimum on a weekly basis, in order to prevent an overflow of solid wastes creating hazardous/unsanitary conditions and/or an unsightly appearance.

At the discretion of the Commissioner of General Services, the Department of General Services may provide for the collection and removal of solid wastes from various commercial, institutional and multiple-dwelling premises at the request of the owner/occupant where the Commissioner determines that the collection of solid wastes from such users can be accomplished using existing staff and equipment and without adversely impacting solid waste collection services for private dwelling premises in the City.

Such solid waste collection and removal activities shall be conducted on a schedule and at a frequency to be determined by the Commissioner of General Services.

Such commercial, institutional and multiple-dwelling premises utilizing City solid waste collection and removal services shall pay a fee for such services as determined by the Commissioner of General Services based on the volume of solid wastes collected and removed, the equipment, manpower and time required for such collection and removal and such other factors as the Commissioner may deem applicable.

Industrial premises.

The Department of General Services will not provide solid waste collection services to industrial premises, and the owners/operator of such premises shall be responsible for the removal of solid wastes from such premises by means of a private contractor duly approved and permitted by the City to provide solid waste collection and removal services.

Prior to the collection and removal of solid wastes by such contractor the owner/operator of such industrial premises shall provide for the temporary storage of solid wastes in appropriate containers such as dumpsters or other containers suited to the particular type of industrial solid waste.

The owner/operator of such industrial premises shall arrange for the removal of such solid wastes by its contractor with sufficient frequency, at a minimum on a weekly basis, in order to prevent any overflow of solid wastes from containers creating hazardous/unsanitary conditions and/or an unsightly appearance.

In the event the property owner has overflow of solid wastes from containers that create hazardous or unsanitary conditions and/or unsightly appearances, such owner will be found in violation and subject to fines and punishment outlined in § 247-4.

Dumpster location approval.

The placement of dumpsters for the storage of solid wastes on or adjacent to a public right-of-way or other public property in connection with an existing commercial, institutional or multiple-dwelling premises will require prior review and approval by the Department of Code Enforcement in order to ensure that such placement will not interfere with public safety or access or create a hazardous/unsanitary condition or an unsightly appearance.

The placement of dumpsters on or adjacent to a public right-of-way or other public property in connection with new construction in connection with obtaining approval of building plans will require prior review and approval by the Department of Planning in order to ensure that such placement will not interfere with public safety or access or create a hazardous/unsanitary condition or an unsightly appearance.

Where deemed to be necessary, the Department of Code Enforcement or Department of Planning may require that there be an enclosure for a dumpster(s) installed in order to shield a dumpster(s) from public view.

Bulk waste collection.

The minimum collection fee for a bulk collection service up to two cubic yards shall be $25. The price of each additional item over the two cubic yards shall be determined by a tip fee schedule prepared annually by the Commissioner of General Services, included with the Mayor's proposed budget and approved by the City Council through the budget vote. The City will not collect construction and demolition material exceeding one cubic yard, three feet high by three feet wide by three feet long, placed in a plastic bag that is not torn or ripped.

A determination on additional fees or fines relating to illegal dumping, littering and improper disposal shall be made by the inspecting officer, sanitation inspector, or code inspector in consultation with the Mayor and/or the Commissioner of General Services and their duly authorized representatives.

Written notice of collection fees shall be provided, via regular mail, to the property owner of the property in violation. Said notice shall include a photograph of the waste collected. Property owners shall have 30 days from the date of the notice to make payment. A monthly interest charge of 3% shall be added to any delinquent bulk waste collection. All unpaid collection fees shall be relieved, plus penalties, on the property owner's property taxes for the subsequent year to the date the collection notice was issued. Collection fees delinquent for 30 days or more will be relieved to the City of Troy tax bill after November 1. For the purpose of this chapter, the calendar year for collection fees shall be November 2 through November 1.

For the purposes of this chapter, the following guidelines shall be followed relative to bulk waste collections.

(a)

Collections of bulk waste must be scheduled with the Department of Public Works before placing material out for collection. These types of collections will have a minimum bill of $25 per two cubic yards and a price per additional items over the two cubic yards based upon the annual tip fee schedule. Bills for this collection service will be sent to the property owner.

(b)

The following classification of properties, including but not limited to commercial rental properties (offices, wholesale/retail businesses, apartment buildings), tax-exempt properties and not-for profit agencies, shall not receive municipal bulk refuse collections. These properties shall be responsible for bulk refuse removal through the use of private contractors.

§ 247-9 Duties of owners and occupants.

Any person committing an offense of illegal dumping shall be guilty of a violation punishable by a fine, imprisonment, or both, for each offense. The fine shall be a minimum fine of $200 for each occurrence, with the maximum fine not to exceed $500 per offense. A sentence of incarceration shall not exceed 15 days per offense.

(6)

Fine; civil penalty. In addition to the collection of costs associated with the removal or cleanup of garbage, refuse or waste materials found in violation of this chapter by the City, any person violating this chapter shall be punished by a fine in City Court pursuant to § 188-19 of City Code.

[Amended 10-6-1977; 5-1-2003 by Ord. No. 4; 11-29-2018 by Ord. No. 102]

The owner or occupant of any premises in the City of Troy from which solid wastes are being collected either by the Department of Public Works, or by a contractor retained by the owner or occupant shall ensure that any garbage will be secured in heavy-duty plastic bags tied at the top and that such plastic bags are then placed in a watertight and rodent-tight plastic or galvanized steel garbage container not exceeding 95 gallons. The storage of any garbage in plastic bags in the open outside of watertight containers is prohibited. The amount of containers and types are previously defined in Chapter 247 of Troy City Code.

The owner and/or occupants from any premises from which recyclable materials are being collected either by the Department of General Services or by a contractor retained by the owner or occupant shall abide by the provisions relating to the collection of such materials as set forth in Chapter 234 of the City Code.

The owner and/or occupants of any premises in the City of Troy from which yard wastes are being collected by the Department of General Services shall abide by the following procedures.

Yard wastes shall consist of lawn clippings, leaves and clippings of bushes, shrubs and hedges and sweepings from exterior areas.

Leaves and lawn clippings shall be placed in paper lawn and leaf bags only.

Clippings of bushes, shrubs and hedges that are too large to be placed in paper lawn and leaf bags may be put out in bundles securely tied with nonplastic or metal string. Tree trimmings and hedge trimmings shall be securely tied in bundles not heavier than 30 pounds and not more than three feet in length or more than 12 inches in diameter.

Owners/occupants shall be responsible for the removal of cuttings and debris from cut or fallen trees. Cuttings that are larger than six inches in diameter will be deemed tree cuttings.