[Amended 12-20-2004 by Ord. No. 38.121.04; 8-7-2023 by Ord. No. 24.61.23]
The Common Council deems it in the best interest
of the citizenry of the City of Albany to codify the rules and regulations
heretofore promulgated by the Department of General Services providing
for the preparation, collection and removal of refuse in the City.
Therefore, the purpose of Albany's waste collection and recycling
program is to collect normal weekly generated household trash and
recycling.
In connection with the refuse collection system
introduced to the City of Albany in 1974, there is hereby enacted
a curbside collection program to provide for a weekly collection of
garbage, trash and other refuse.
[Amended 9-4-1986; 12-20-1993; 7-19-2004 by Ord. No.
20.52.04]
A.
Such program shall provide weekly curbside collection
and removal of garbage and trash. This service will be available
to residential dwellings of fewer than five units. Dwellings containing
more than four shall, for the purposes of this article, be considered
multiple dwellings which, together with commercial or office buildings
and/or dwellings where one or more units are used for commercial or
office purposes, shall not be served hereunder.
B.
There is hereby established a curbside waste collection fee for residential dwellings eligible for such service under Subsection A of this section. Such fee shall offset the cost of curbside collection, and for calendar year 2016 shall be in the amount of $180 per unit per year, except that for the calendar year periods prior to calendar year 2019 such fee shall not apply to the first unit of a dwelling. For calendar year periods after 2016 and prior to 2019, such fee shall be annually reviewed and adjusted in accordance with Subsection I of this section. For calendar year 2019 and thereafter, such fee shall be in the amount of $90 per unit.
(1)
The number of dwelling units to be charged fees with regard to any
property shall be determined by the number of dwelling units indicated
on the certificate of occupancy or based on the records maintained
by the Department of Assessment and Taxation for said property.
(2)
For calendar year periods prior to 2019, with respect to a parcel
of property containing a duplex or condominium of fewer than five
units, for purposes of this article and upon submission of sufficient
proof to the Department of Buildings and Regulatory Compliance that
each dwelling unit is owned and occupied by separate persons, each
unit will be entitled to one weekly curbside collection.
[1]
Editor's Note: This local law also provided for the redesignation of former Subsection B as Subsection J. This local law stated in Section 5 that "it shall take effect upon final passage, public hearing and filing with the Secretary of State; provided, however, that it shall be deemed to have been in full force and effect on and after January 1, 2016." A further statement of this local law that "the amendments made to Chapter 313 of the Code of the City of Albany by Section 2 of this local law shall be deemed repealed and of no further force and effect for the period after December 31, 2022" was repealed 4-3-2023 by L.L. No. 7-2023
(C-2023) and replaced with the text "the amendments made to Chapter 313 of the Code of the City of Albany by Section 2 of this local law shall be deemed repealed and of no further force and effect for the period after December 31, 2025," adopted 10-16-2023 by L.L. No.
13-2023 (D-2023).
[2]
Editor's Note: This local law also provided in Section 4 that
the amendments made by this local law shall not affect the expiration
of, and shall expire at the same time and manner as provided in Section
5 of L.L. No. 1-2016.
C.
Bills for curbside collection program fees. Bills for curbside collection
program fees shall be prepared and sent to each owner annually. Such
bill shall be included with the property tax bill sent to each property
owner in January, whenever feasible.
[Added 1-4-2016 by L.L.
No. 1-2016; amended 11-16-2020 by L.L. No. 11-2021 (K-2020)]
D.
Penalties for nonpayment. The penalty for late or non-payment of
curbside collection program fees in the City of Albany shall be: 4%
in the first month or fraction thereof, for any amount of the curbside
collection program fee that is not timely received by the City Treasurer,
in whole or in part. After the first month of late payment, the penalty
shall be an additional 1% in each succeeding month or fraction thereof.
[Added 1-4-2016 by L.L.
No. 1-2016; amended 12-16-2019 by L.L. No. 5-2019; 11-16-2020 by L.L. No. 11-2021 (K-2020)]
E.
Exemption from curbside collection program. Property owners are eligible
for and may apply for an exemption from curbside collection program
fees as follows:
[Added 1-4-2016 by L.L.
No. 1-2016]
(1)
By submitting a form as prescribed by the Department of Buildings
and Regulatory Compliance requesting an exemption from the curbside
collection fee, explaining the reasons for the request and establishing
that the additional dwelling unit(s) is not being rented or otherwise
occupied;
(2)
If the property is vacant in accordance with the provisions for registration under the Vacant Building Registry established under Article XIA of Chapter 133 of this Code, the property owner must file a vacant building registration form with the Department of Buildings and Regulatory Compliance, provided that if a property is currently registered in accordance with Article XIA, such registration shall constitute an automatic exemption under this subsection;
(3)
If the property is owned and occupied by a person who, because of
age or disability, qualified for an exemption from City real property
taxes based on an enhanced STAR exemption or low-income exemption
at any time during the preceding year, such qualification shall constitute
an automatic exemption under this subsection;
[Amended 11-16-2020 by L.L. No. 11-2021 (K-2020)]
(4)
If the property is owned and occupied by a person who because of
age or disability is qualified for an exemption from City real property
taxes based on an enhanced STAR exemption or low-income tax exemption,
such qualification shall constitute an automatic exemption under this
subsection; or
(5)
An application for an exemption from the curbside collection program
must be submitted to the Department of Buildings and Regulatory Compliance
by April 1 of the calendar year. If an exemption request is granted,
the exemption will remain in effect until there is a change of use
of said property.
F.
Appeal. Any property owner denied an exemption from the curbside collection program by the Director of Buildings and Regulatory Compliance, or his or her designee, may file an administrative appeal with the Board of Zoning Appeals in the manner prescribed in Article IV of Chapter 375 of the City Code, within 30 days after the date of the final, written denial. A property owner filing an appeal under this section shall be exempt from any application fees associated with the appeal.
[Added 1-4-2016 by L.L.
No. 1-2016]
G.
All curbside collection program charges and penalties and interest
thereon shall be a lien upon the real property for which any curbside
collection program charge or penalty was not paid, from the date that
the fee is due and payable, and such lien shall be prior and superior
to every other lien or claim, except the lien of an existing tax or
local assessment. The Treasurer shall certify to the Common Council
the amount of any such lien which has not been paid at the time and
in the manner prescribed, with a description of the real property
affected thereby, and the Common Council shall include such amount
in the annual tax levy and shall levy the same upon the property in
default.
[Added 1-4-2016 by L.L.
No. 1-2016; amended 11-16-2020 by L.L. No. 11-2021 (K-2020)]
H.
The Treasurer shall establish and maintain a separate curbside collection
fund to record and control the financial activity related to the provisions
of solid waste collection by the City. This fund shall be maintained
on the same fiscal year as that of the City. Each year the Mayor,
at the time of the submission of the annual budget to the Common Council,
shall submit a statement of estimated revenues, expenditures and changes
in the fund as well as the fund balance for the current fiscal year,
together with an estimate of expenditures for the next fiscal year.
[Added 1-4-2016 by L.L.
No. 1-2016; amended 12-16-2019 by L.L. No. 5-2019]
I.
Fees assessed for curbside collection services provided by the City
shall not exceed the full cost of providing said service. Any surplus
of funds in any year shall be carried over to the following year and
shall be used solely to fund curbside collection services by the City.
[Added 1-4-2016 by L.L.
No. 1-2016; amended 12-16-2019 by L.L. No. 5-2019]
J.
The curbside collection program is intended as a benefit
for the taxpayers and residents of the City of Albany. No person shall
transport garbage into the City of Albany for curbside collection.
[Amended 12-20-2004 by Ord. No. 38.121.04]
(1)
Any person offending or violating this subsection
shall be guilty of a violation.
(2)
Notwithstanding the provisions of § 313-7A, any and all persons found guilty of a violation under this subsection shall be liable to a fine which shall not exceed $650 in amount or to imprisonment not to exceed 15 days, or both, in the discretion of the court.
[Amended 5-19-2008 by Ord. No. 25.42.08]
[Amended 9-18-1989]
A.
All garbage must be containerized using heavy-duty
plastic bags, metal or plastic containers. Such metal or plastic containers
shall have a maximum volume of 50 gallons and shall be fitted with
lids. The ends of plastic bags shall be tied securely.
[Amended 12-5-2005 by Ord. No. 73.112.05]
B.
Other trash and rubbish.
(1)
All other small trash and rubbish is to be either
bagged or tied in plastic bags as aforesaid.
[Amended 12-20-2004 by Ord. No. 38.121.04]
(2)
Grass, leaves and other yard waste and debris shall be placed in biodegradable paper bags approved for such use and/or made available by the City of Albany and placed at curbside for collection in accordance with § 313-5.
(3)
Tree trimmings shall be tied in bundles not exceeding
four feet in length.
C.
Bulky rubbish. Special arrangements must be made with
the Department of General Services for the collection of large items
such as household appliances (stoves or refrigerators), overstuffed
furniture, mattresses, bedsprings and the like.
[Amended 12-20-2004 by Ord. No. 38.121.04]
D.
Dangerous materials. Broken glass must be independently
wrapped before placing in plastic bags.
[Amended 12-20-2004 by Ord. No. 38.121.04]
E.
Building materials. There will be no collection of
waste building materials, large amounts of concrete, felled trees
and the like, with the following exceptions. Residential construction
debris shall be collected in accordance with the following standards:
[Amended 12-20-2004 by Ord. No. 38.121.04; 8-7-2023 by Ord. No. 24.61.23]
(1)
The
debris must be neatly contained in a box(es), bag(s), metal or plastic
can(s) and or tied in a bundle(s), all of which must be reasonably
manageable for one laborer to move from the curbside to a refuse collection
vehicle.
(2)
Loading
the debris into the collection vehicles shall take two laborers, bearing
a reasonable amount of debris, no more than four trips between the
debris pile(s) and a refuse collection vehicle.
(3)
The
debris shall be placed curbside of the premise no more than two times
per month on the scheduled collection day for said premise.
F.
Garbage regarded as a health and/or safety risk. Garbage
on private property that creates a health and/or safety risk to the
general public will be removed from the premises by trained Department
of General Services personnel, after being deemed a health and/or
safety violation by a trained supervisor appointed by the Commissioner.
[Added 5-21-2007 by Ord. No. 44.31.07]
(1)
Waste materials that are deemed a health and/or safety
violation include but are not limited to: raw trash, raw meat, feces,
deceased animals, hazardous waste materials and excessive trash on
private property that attracts rodents, wildlife, birds and/or insects.
G.
Disposal of furnishings, bedding, clothing or other infested materials.
[Added 5-2-2016 by Ord.
No. 31.31.16]
(1)
The
term "infestation" shall mean any material infested with bedbugs,
rodents or other insects considered a threat to public health and
safety.
(2)
All
mattresses and bedding must be bagged in heavy-duty plastic bags or
hypoallergenic mattress cover at least 0.8 mm thick. All plastic bags
and coverings should be taped with duct or box tape so there are no
openings.
[Added 8-7-2023 by Ord. No. 24.61.23[1]]
(3)
No
person shall place, discard or dispose of any bedding, furniture,
mattresses, clothing or other material with infestation on the public
way, or in a refuse container or dumpster located on the public way,
for curbside pickup, except when totally enclosed in a heavy-duty
plastic bag or hypoallergenic mattress cover at least 0.8 mm thick
and labeled as being infested. All plastic bags and coverings should
be taped with duct or box tape so there are no openings.
(4)
No
furnishing, bedding, clothing or other infested material shall be
recycled.
(5)
The
Commissioner of General Services shall ensure that personnel engaged
in curbside collection under this article are trained in handling
infested materials and that the proper equipment is available therefor
and shall further ensure that City vehicles are pest free.
[Amended 12-20-1993; 10-17-1994 by Ord. No.
70.102.94; 5-4-1998 by Ord. No. 28.42.98; 12-20-2004 by Ord. No.
38.121.04]
A.
The areas, routes and days of collection shall be
determined by the Commissioner of General Services, who shall prepare
or have prepared a map depicting the same. Such information and map
shall be available to the public at the Department of General Services.
B.
Refuse for collection must be placed at curbside prior
to 12:01 a.m. on the scheduled collection day, but not before 4:30
p.m. of the prior day.
[Amended 9-8-2016 by Ord.
No. 44.71.16]
Newspapers and other rubbish and materials placed
at the curbside for collection shall become the property of the City
of Albany, and the removal thereof by unauthorized persons, commonly
known as "scavenging," shall be a violation of this article.
[Amended 12-20-1993; 5-4-1998 by Ord. No. 28.42.98; 12-20-2004 by Ord. No. 38.121.04]
A.
Any person, firm, partnership, corporation or other
entity who or which shall knowingly and willingly violate or assist
in the violation of the provisions of this article, or who or which
fails to comply with a lawful directive from the Commissioner of General
Services concerning the provisions of this article, shall be guilty
of a violation and subject to a fine not to exceed $325, imprisonment,
or both, for each such offense together with any and all costs of
the Department of General Services in correcting or abating said violation,
including all associated court costs.
[Amended 12-5-2005 by Ord. No. 73.112.05; 5-19-2008 by Ord. No. 25.42.08]
B.
Additionally, containers that are in a dilapidated
or unsanitary condition, are oversized or otherwise do not conform
to the requirements set forth herein shall be removed by the Department
of General Services upon the violator's failure, along with a written
notice, to do so.
C.
In determining violations concerning multiple dwellings,
the Commissioner of General Services shall have the power, discretion
and duty, after due investigation, to apportion liability between
and/or among the property owner and residents responsible therefor.
[Amended 10-19-1987; 5-4-1998 by Ord. No. 28.42.98; 12-20-2004 by Ord. No. 38.121.04]
The Commissioner of General Services is hereby
authorized to promulgate such other rules and regulations as may be
necessary to effectuate and supplement the provisions of this article,
including the imposition and collection of reasonable fees to offset
and defray the costs and expenses involved in correcting and/or alleviating
violations of the provisions hereof.
If any section, provision, clause or other part
of this article is declared unconstitutional or otherwise ineffective
by a court of competent jurisdiction, such determination shall not
be deemed to invalidate the remaining parts or provisions hereof,
and, to that extent, the article shall remain in full force and effect.
All provisions of the ordinance providing for
the removal of garbage in the City of Albany passed by the Common
Council December 15, 1933, are hereby repealed.
