[Adopted 11-7-1990 by L.L. No. 5-1990]
In order to protect the health, safety and welfare of the people
of the City of Rensselaer, to provide for the collection and disposal
of solid waste generated by residential properties, to provide public
refuse collection and disposal services defined and limited by this
article and within the appropriations made therefor by the Common
Council and to encourage recycling and effectively manage the waste
stream generated by such users, the Common Council finds that the
most equitable method of providing the funds for such services is
through the solid waste user fee provided for in this article.
As used in this article, the following words shall have the
following meanings:
Large household furniture and appliances, such as mattresses,
chairs, refrigerators, stoves weighing more than 30 pounds, motor
vehicle tires and large tree trimmings, properly bundled and reasonably
capable of being lifted by two people, except recyclables.
To be established and defined as follows:
[Added 1-21-1998 by L.L. No. 3-1998]
PERMANENTKitchen has been eradicated and building has been reassessed.
ANNUALKitchen converted to another use but facilities to restore it are intact, or owner has executed an affidavit indicating that he/she will not be renting the apartment for one full year.
TEMPORARYUnit vacant for the entire three-month billing period (must be renewed on a quarterly basis).
Animal or vegetable leavings or similar food or food refuse,
together with paper products, cardboard or wood or metal containers
thereof, paper refuse or other household refuse which shall be flammable
or capable of fermentation or decay, except recyclables.
Any refuse, the handling or disposal of which, in the opinion
of the Commissioner of Public Works, would constitute a hazard to
the persons collecting or disposing of the same or which may not be
placed in the disposal site.
A separate classification for solid waste services to be
called "mixed use." "Mixed use" is to be defined as a building, which
consists of a commercial establishment on one floor and residential
unit(s) on the additional floors. The rates would be applicable and
billed as such unless proof of private disposal is provided to the
Building Inspector and inspection of the premises to ensure compliance
is conducted.
[Added 1-21-1998 by L.L. No. 3-1998]
A natural person, association, partnership, firm or corporation
that occupies, manages, uses or controls the premises.
The collection of solid waste by the City of Rensselaer,
its agents, employees or persons with whom the City of Rensselaer
has entered into a contract for the collection of solid waste.
Any material designated from time to time by the City Engineer,
the Department of Environmental Conservation, the City of Albany Answers
Program or other governmental entity which is applicable to the City
of Rensselaer and which, under any applicable law or regulation, is
not hazardous and which is separated from the waste stream and held
for its material recycling or reuse value.
Dry flammable or nonflammable household junk or refuse, including
ashes and magazines, lawn and small tree trimmings and leaves, except
recyclables.
Refers generally to garbage, rubbish and bulk.
Except as otherwise specifically provided herein, the collection
and disposal of solid waste shall be in accordance with the provisions
of the Municipal Trash Collection Ordinance adopted September 2, 1981,
as amended.[1]
All garbage and rubbish set out for public collection shall be placed and sealed in a refuse bag or container which can be reasonably lifted by two people, except as may otherwise be provided in specifications adopted by the Common Council or the Commissioner of Public Works. All owners and occupants of residential structures and any other person who places or deposits garbage or refuse for curbside collection in a container above described must use the public collection system. However, public agencies within the City may use larger containers pursuant to § 113-14C below.
The City of Rensselaer hereby establishes a solid waste user
fee for the public collection and disposal of solid waste from properties
located within the City of Rensselaer.
A.
The solid waste user fee shall be charged and collected by the imposition
of a solid waste user fee at a price to be determined by ordinance
of the Common Council.
B.
For bulk and other items not reasonably capable of being placed within
a refuse bag or container reasonably manageable by two people, the
rates for collection and disposal of such items shall be as determined
by ordinance of the Common Council.
C.
The Commissioner of Public Works may negotiate a rate for large container
services with public agencies within the City, provided that such
rates shall in all instances cover, at a minimum, the full cost of
providing such services. Such rates shall be subject to approval of
the Common Council.
A.
There shall be a solid waste service charge to be paid on a quarterly
basis by the owners of all property using the public collection service
during the year.
[Amended 10-2-1996 by L.L. No. 1-1996]
B.
For purposes of determining the amount of the solid waste service
charge, properties located within the City of Rensselaer shall be
classified as follows:
(1)
Each residential dwelling unit equals one solid waste service charge.
(2)
Residential units serviced by private solid waste collection contractors
shall be exempt from any solid waste service charge so long as they
are serviced by a private contractor.
(3)
Mixed use: a building which consists of a commercial establishment
on one floor and residential unit(s) on the additional floors. The
rates hereby established for mixed use buildings would be applicable
and billed as such unless proof of private disposal is provided to
the Building Inspector and an inspection of the premises to ensure
compliance is conducted.
[Added 1-21-1998 by L.L. No. 3-1998]
The Commissioner of Public Works shall send out bills and the
City Treasurer shall collect the service charge from the person responsible
for payment thereof. The service charge shall be due on December 1
and June 1 in each year. The City Treasurer is the official designated
to collect the user fee, and he or she shall charge for the benefit
of the City interest and penalties for late payment of the solid waste
service charge calculated on the same basis as interest and penalties
for late payment of City taxes.
[Amended 4-18-2018 by L.L. No. 2-2018]
Unpaid service charges shall be the personal responsibility
of the owner and shall be a lien upon the real property in connection
with which solid waste collection was offered. Where the solid waste
service charge has been billed in a timely manner those charges remaining
unpaid through the first Friday after July 4 of each year shall be
added to the following year's City tax bill and be collected and enforced
in the same manner and at the same time as may be provided by law
for the collection and enforcement of City taxes Notwithstanding the
above should July 4 in any year fall on a Friday Saturday or Sunday
unpaid service charges must be paid by the following Monday or these
charges shall result in a lien upon the property.
The status of property for purposes of imposing the solid waste service charge shall be determined semiannually as of April 1 and November 1. The solid waste service charge for the following fiscal year shall be imposed in accordance with its use and condition as of that date. An appeal regarding the status of the property, i.e., proper classification of the property or claiming that it does not use the public collection system, must be filed in accordance with § 113-20 on or before June 1 or December 1; provided, however, that whenever a parcel which was not using the public collection service on that date thereafter begins using the public collection service, it shall immediately become subject to the solid waste service charge pro rata for the unexpired portion of the fiscal year. In such event, the Commissioner of Public Works shall notify the owner of the imposition and advise him of his right to review the charge pursuant to § 113-20 of this article.
A.
Parcels of land which are not improved by a structure or which, due
to disconnection of City water service, gas and/or electric, are not
habitable and which have been inspected by the Building Inspector
and found to be properly secured shall not be charged the solid waste
service charge until the City water service is reconnected.
B.
The Common Council, by resolution, may establish an inspection fee
to be charged by the Building Inspector for said inspections.
C.
Exemptions are to be established and defined as follows:
(1)
Permanent: kitchen has been eradicated and building has been reassessed.
(2)
Annual: kitchen converted to another use, but facilities to restore
it are intact or owner has executed an affidavit indicating that he/she
will not be renting the apartment for one full year.
(3)
Temporary: unit(s) vacant for the entire three-month billing period
(must be renewed on a quarterly basis).
A.
Any person aggrieved by a decision or regulation arising out of this
article shall have the right to appeal the same. An application for
appeal shall be in writing, verified by the applicant, and shall set
forth the grounds therefor and the amount of any adjustment to the
service charge sought. Such application shall be presented to the
Commissioner of Public Works, who shall determine whether an adjustment,
if any, may be due and advise the Common Council, in writing, of his
or her decision and the reasons for the decision. Such application
must be made within 30 days of the date of any notice.
B.
Where an application involves a request for a refund or modification
of the solid waste service charge after the bill for the same has
been sent, the Commissioner of Public Works shall present the application,
together with his or her written report and recommendation thereon,
to the Common Council for disposition. The Commissioner of Public
Works shall send a copy of his report and recommendation to the applicant
and notify him that it has been submitted to the Common Council and
that the applicant has an opportunity to present any additional material
relevant to the application to the Common Council on or before a specified
date. The Common Council shall then determine the merits of the application
by resolution. If the Common Council determines that the application
is justified, it may direct that a refund be paid, the charge canceled,
the bill amended or any other appropriate relief and shall notify
the Commissioner of Public Works, the City Treasurer and the applicant
of its determination. While the application is pending, the applicant
must pay the entire balance due shown on the bill. If the application
is granted, the applicant shall receive a refund plus interest at
the rate applicable to refunds on City taxes.
The implementation, administration and enforcement of this article
shall be the responsibility of the Commissioner of Public Works. The
Commissioner of Public Works shall have the full cooperation of all
other City departments in performing his or her duties. The Commissioner
of Public Works may adopt, as deemed necessary, rules and regulations
providing further for the implementation, administration and enforcement
of the solid waste user fee.
The City Treasurer shall establish and maintain a Solid Waste
Enterprise Fund to record and control the financial activity related
to the provision of solid waste collection and disposal by the City.
This fund shall be maintained on the same fiscal year as that of the
City.
As an alternative to or in addition to any other remedy provided
by law, the Commissioner of Public Works may, at his or her discretion,
direct the City's employees or the City's contractors to collect and
dispose of garbage, refuse or bulk which has been improperly prepared,
stored or disposed of as required by the provisions of law. The Commissioner
of Public Works will promptly bill the owner for such services. Such
bills shall be due and payable within 30 days from the date thereof.
If not paid within such time, the Commissioner of Public Works shall
have the power to add the unpaid bill to the City tax, and the same
shall be a lien and shall be collected in the same manner as regular
City taxes.
In addition to any other charge or penalty provided by law,
any person who shall violate any provision of this article shall be
punished by fine or term of imprisonment to be set by ordinance adopted
by the Common Council. In any case, the court may order community
service as an alternative or in addition to fine or imprisonment.
The user fee provided for above shall not be deemed a tax against
any real property within the City.
Notwithstanding the provisions of § 113-16 above, bills for the solid waste user charge for the first half of fiscal year 1990-1991 shall be sent as practicable but may be sent after November 9, 1990. In the event that such bills are sent after November 9, 1990, the interest and penalty provision of § 113-16 shall be modified to allow payment without penalty on or before the last day of the month immediately following the month during which bills are sent. Thereafter, interest and penalties shall accrue in the same manner as provided in § 113-16.
This article shall become effective immediately. The user fees
imposed by this article shall be applicable to the 1990-1991 fiscal
year, and collection shall commence as soon as practicable.
