[Code 1964, § 22-26; L.L. No. 1-1988, § 1(2); L.L. No. 5-1988, § 1(2); L.L. No. 1-1989, § 1(2)]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A person who has agreed in writing to issue city refuse bags
on behalf of the city and to pay the necessary fees therefor.
Large household furniture and appliances such as mattresses,
chairs, refrigerators, stoves and large tree trimmings, properly bundled
and reasonably capable of being lifted by two people, except recyclables.
A plastic bag of such size and design, as shall be determined
by the common council, containing a distinctive label, to be used
for the collection and disposal of solid waste in the city.
The commissioner of solid waste management of the city.
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 inflammable
or capable of fermentation or decay, except recyclables.
Any refuse, the handling or disposal of which, in the opinion
of the commissioner, would constitute a hazard to the persons collecting
or disposing of same or which may not be placed in the disposal site.
A natural person, association, partnership, firm or corporation
that occupies, manages, uses or controls the premises.
The collection of solid waste by the city, its agents, employees,
or persons with whom the city has entered into a contract for the
collection of solid waste.
Any material designated from time to time, by the commissioner,
or other governmental entity, which is applicable to the city, 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 inflammable or nonflammable household junk or refuse,
including ashes, magazines and newspapers, lawn and small tree trimmings
and leaves, except recyclables.
Generally, garbage, rubbish and bulk.
[Code 1964, § 22-26; L.L. No. 1-1988, § 1(1); L.L. No. 5-1988, § 1(1); L.L. No. 1-1989, § 1(1)]
In order to protect the health, safety and welfare of the people
of the city, provide for the collection and disposal of solid waste
generated by residential and small commercial properties, and to provide
public refuse collection and disposal services defined and limited
by this article and within the appropriations made therefor by the
common council, 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.
[Code 1964, § 22-26; L.L. No. 1-1988, § 1(15); L.L. No. 5-1988, § 1(15); L.L. No. 1-1989, § 1(15)]
In addition to any other charge or penalty provided by law, any person who shall violate any provision of this article shall be punished as provided in section 1-1-7, except the fine shall be not less than $100. Any person who shall violate the provision of section 1-22-23, subsection (b) shall be punished by a fine of $1,000 or imprisonment not to exceed one year or by both such fine and imprisonment. In any case, the court may order community service as an alternative or in addition to fine or imprisonment.
[Code 1964, § 22-26; L.L. No. 1-1988, § 1(14); L.L. No. 5-1988, § 1(14); L.L. No. 1-1989, § 1(14)]
The comptroller 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.
[Code 1964, § 22-26; L.L. No. 1-1988, § 1(13); L.L. No. 5-1988, § 1(13); L.L. No. 1-1989, § 1(13)]
The implementation, administration and enforcement of the article
shall be the responsibility of the commissioner. The commissioner
shall have the full cooperation of all other city departments in performing
his duties. The commissioner may adopt, as deemed necessary, rules
and regulations providing further for the implementation, administration
and enforcement of the solid waste user fee.
[Code 1964, § 22-26; L.L. No. 1-1988, § 1(12); L.L. No. 5-1988, § 1(12); L.L. No. 1-1989, § 1(12)]
(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 who shall determine same and advise the common council
in writing of his determination.
(b)
Where an application involves a request for a refund or modification
of the solid waste service charge after the bill for same has been
sent, the commissioner shall present the application together with
his report and recommendation thereon to the common council for disposition.
The commissioner 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 he 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 cancelled, the bill amended or any other appropriate
relief, and shall notify the commissioner, the collecting officer
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.
[Code 1964, § 22-26; L.L. No. 1-1988, § 1(3); L.L. No. 5-1988, § 1(3); L.L. No. 1-1989, § 1(3)]
Except as otherwise specifically provided in this chapter, the collection and disposal of solid waste shall be in accordance with the provisions of chapter 2-22 of this Code.
[Code 1964, § 22-26; L.L. No. 1-1988, § 1(4), (6); L.L. No. 5-1988, § 1(4),
(6); L.L. No. 1-1989, § 1(4), (6)]
(a)
All garbage and rubbish set out for public collection shall be placed and sealed in a city refuse bag, except as may otherwise be provided in specifications adopted by the common council or the commissioner. All owners and occupants of one- or two-family homes and any other person who places or deposits garbage or refuse for curbside collection in a container of 40 gallons or less, must use the public collection system. However, public agencies within the city may use larger containers pursuant to section 1-22-34, subsection (c).
(c)
City refuse bags may be purchased from city employees or agencies
designated by the commissioner or through authorized agents on terms
and conditions to be established by the commissioner.
[Code 1964, § 22-26; L.L. No. 1-1988, § 1(5), (16); L.L. No. 5-1988, § 1(5),
(16); L.L. No. 1-1989, § 1(5), (16)]
(a)
The city establishes a solid waste user fee for the public collection
and disposal of solid waste from properties located within the city.
(b)
The solid waste user fee shall be charged and collected by the sale
of city refuse bags at a price to be determined by ordinance. For
bulk and other items not reasonably capable of being placed within
a city refuse bag, the rates for collection and disposal of such items
shall be as determined by ordinance.
(c)
The commissioner 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.
(d)
The solid waste user fee shall not be deemed a tax against any real
property within the city.
[Code 1964, § 22-26; L.L. No. 1-1988, § 1(15); L.L. No. 5-1988, § 1(15); L.L. No. 1-1989, § 1(15)]
As an alternative to or in addition to any other remedy provided
by law, the commissioner may 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 shall then
have the right to establish by regulation appropriate charges for
such services. The commissioner 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 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.
[Code 1964, § 22-26; L.L. No. 1-1988, § 1(7); L.L. No. 5-1988, § 1(7); L.L. No. 1-1989, § 1(7); L.L. No. 2-1990, § 1]
(a)
In addition to the sale of city refuse bags as provided in section 1-22-34, there shall be a solid waste service charge to be paid on an annual basis by the owners of all properties using the public collection service during the year.
(b)
For purposes of determining the amount of the solid waste service
charge, properties located within the city shall be classified as
follows:
(1)
Class I. Class I shall include all parcels of land classified on the city assessment rolls in accordance with the New York State Real Property Classification Codes as promulgated by the New York State Division of Equalization and Assessment as Class Codes Two-Hundred-Ten-Single-Family Residence and Four-Hundred-Twelve-Condominiums. Class I shall also include all other properties which are considered to be used for single-family residential purposes as a result of the partial exemption granted pursuant to subsection 1-22-53(b) below and all parcels in Class Code Six-Hundred-Twenty-Religious, which are primarily used as a parsonage, rectory or the like.
(2)
Class II. Class II shall include all parcels of land classified
on the city assessment rolls in accordance with the New York State
Real Property Classification Codes as promulgated by the New York
State Division of Equalization and Assessment under each of the following
class codes: Two-Hundred-Twenty-Two-Family Residences, Six-Hundred-Twenty-Religious
(other than those placed in Class I above), Four-hundred-Eighty-Four-One-Story
Small Structure, Single Business and Six-Hundred-Eight-Cultural and
Recreational.
(3)
Class III. Class III shall include all other parcels of land not included in Class I or Class II above, but excluding all City of Utica owned buildings being used for municipal purposes and public agencies using large container services pursuant to section 1-22-34, subsection (c).
(4)
Where a parcel of land is improved by a building containing
mixed residential and nonresidential uses and the nonresidential occupant
is not using a public collection, the residential use shall be treated
separately and classified according to the number of residential dwelling
units on the premises.
(5)
The common council may, by ordinance, exempt all properties
within specified New York State Real Property Classification Codes
from the solid waste service charge where it determines that no property
within that class code is likely to use the public collection service
or deems the cost of determining which properties within a class code
use the public collection service excessively.
[Code 1964, § 22-26; L.L. No. 1-1988, § 1(10); L.L. No. 5-1988, § 1(10); L.L. No. 1-1989, § 1(10)]
The status of property for purposes of imposing the solid waste service charge shall be determined annually as of January 1. The solid waste service charge for the following fiscal year shall be imposed in accordance to 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 section 1-22-31 on or before February 1. 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 shall notify the owner of the imposition and advise him of his right to review the charge pursuant to section 1-22-31.
[Code 1964, § 22-26; L.L. No. 1-1988, § 1(11); L.L. No. 5-1988, § 1(11); L.L. No. 1-1989, § 1(11); L.L. No. 2-1990, § 3]
(a)
Parcels of land which are not improved by a structure or which, due
to physical condition are not habitable and which have been inspected
by the department of codes enforcement and found to be properly secured,
shall not be charged the solid waste service charge until improved
or occupied.
(b)
Where a parcel is improved by other than a one-or-two-family residential
building, but, as of the status date, is only occupied as a one- or
two-family residential building because the other units are not habitable
or the owner has no intention of renting the other unit or units,
a partial exemption from the solid waste service charge may be granted
by the commissioner. Such partial exemptions shall be granted only
if all of the following conditions are met:
(1)
Either:
a.
The portion of the premises other than that used for one- or
two-family residential purposes is not habitable and the department
of codes enforcement has inspected and certifies such to be the case;
or
b.
The owner agrees, in writing, that he will not rent the other
portion of the premises and will limit occupancy to one- or two-family
residential use for the entire succeeding fiscal year.
(2)
The owner files a verified application on or before February
1 of the year for which the partial exemption is sought, certifying
entitlement to the partial exemption and that he will promptly notify
the commissioner of any change of status of the property.
(3)
The owner shall consent to allow inspection of the premises
to be made from time to time to ensure compliance with the conditions
for granting a partial exemption.
(4)
If such partial exemption is granted, the property shall be
classified as if the occupancy is so limited as stated in the application,
and the solid waste service charge imposed upon the property shall
be the same as that imposed upon Class I or Class II as the case may
be.
(c)
If such partial exemption is granted, the solid waste service charge
imposed upon the property shall be the same as that imposed upon class
I.
[Code 1964, § 22-26; L.L. No. 1-1988, § 1(8); L.L. No. 5-1988, § 1(8); L.L. No. 1-1989, § 1(8); L.L. No. 2-1990, § 2]
(a)
The comptroller shall arrange for the sending out of bills and shall
collect the service charge from the persons responsible for payment
thereof. The service charge shall be due on the first business day
of April, but may be paid on or before April 30 without penalty. The
city official designated to collect the solid waste user fee shall
charge for the benefit of the city the sum of 5% of the amount due
but remaining unpaid during the month of May and an additional one
1% per calendar month or part of calendar month on the balance remaining
unpaid thereafter.
(b)
The solid waste service charge shall be included as a separate item
on the city tax bill to the extent practicable.
[Code 1964, § 22-26; L.L. No. 1-1988, § 1(9); L.L. No. 5-1988, § 1(9); L.L. No. 1-1989, § 1(9)]
Unpaid solid waste 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 and collection was offered as of April 1 of
each year. Where the solid waste service charge has been placed as
an item on the city tax bill, it shall 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. Where the solid waste
service charge has been billed in a manner other than as an item on
the city tax bill, those remaining unpaid as of March 10 of each year
shall be added to the following year's city tax bill and 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.
