[Adopted as Secs. 7-4 and 7-4.01 of the 1965 General
Ordinances]
[Last amended 5-16-2017 by Ord. No. 85-2017]
A.
Multifamily additional collections solid waste collection
contracts.
(1)
In the operation or maintenance of a multifamily building containing three or more dwelling units in any zoning district in the City of New Rochelle, the owner or manager may enter into a additional collections solid waste collection contract with the City for collection of solid waste by the City on one or more days of the week in addition to the Department of Public Works' regularly established pickup schedule for multifamily buildings. Such contract shall include prepayment to the City of the multifamily additional collections solid waste collection fees set forth in Chapter 133, Fees, of the City Code. Such solid waste collection contract shall include the following minimum terms and conditions:
(a)
The term of such services;
(b)
A minimum deposit of three months' prospective
additional collection fees:
(c)
The building shall deliver proof of primary
liability and property damage insurance in a minimum coverage of $1,000,000
naming the City as additional insured if the City shall be required
to enter private property to effect collection from such building
during the term of the contract:
(d)
The building shall have an aggressive recycling
program already in place with 100% participation by tenants and the
owner;
(e)
Schedule for the additional collection(s);
(f)
City refuse collection crews shall not wait
for the building to set out materials at the specified location at
the scheduled time, but will proceed to the next stop on its additional
collections route;
(g)
The multifamily additional collections solid waste collection fee as set forth in Chapter 133, Fees, of the City Code shall be based on hourly rates established for equipment use and salaries. Both the equipment rental rate and the salary hourly rate shall be adjusted annually (salaries as per labor union agreement/benefit packages and vehicle use based on actual costs or predetermined federal or state guidelines).
(h)
Additional collections program participants
may set out refuse from their building only;
(i)
The contract shall be terminated by the City
prior to the end of its term if solid waste collection fees are not
paid within 30 days of billing therefor. Billings for multifamily
additional collections solid waste collection fees shall be made by
the Commissioner of Finance on a periodic basis of not less than one
billing per each calendar quarter during the term of the contract.
Bills, if unpaid within 30 days of billing therefor, shall accrue
interest at the rate of 2% percent per calendar month or portion thereof
computed from the original due date until paid in full. In the event
any contract deposit, after deduction of any unpaid bills and interest
thereon, remains with the City on the termination of collection from
any building, such remaining deposit shall be returned to the building
within 30 days of such termination of collection.
(2)
Fees collected in the additional collections program
shall be placed in a separate revenue account for payment of Department
of Public Works' salaries, equipment repairs, fuel usage etc.
B.
Residential refuse fees.
[Added 12-29-2003 by L.L. No. 13-2003]
(1)
Definitions. All terms set forth in this subsection shall have the same meanings as set forth in Chapter 163, Garbage, Rubbish, and Refuse, of the New Rochelle City Code, unless otherwise noted herein.
(2)
Establishment of residential refuse fees. The City
Council of the City of New Rochelle ("City") hereby establishes residential
refuse fees to defray the cost of collection, transportation, and
disposal of solid waste and recyclables from improved real properties
containing dwelling units in the City.
(3)
Computation of residential refuse fees. The residential refuse fee for each calendar year for each improved real property containing dwelling units in the City shall be calculated by multiplying the number of dwelling units on each such tax assessment lot, as shown on the most current tax assessment roll and records of the City Assessor, by the per-dwelling-unit residential refuse fee set forth in Chapter 133, Fees, of the City Code. The per-dwelling-unit residential refuse fee may be changed by amending Chapter 133, Fees, of the City Code.
(4)
Billing of residential refuse fees. The residential
refuse fee for each improved real property containing dwelling units
in the City shall be billed for each calendar year as a separate line
item on an annual real property tax bill for each such tax assessment
lot.
(5)
Interest on unpaid residential refuse fees. If a residential
refuse fee is not timely paid when due, interest shall accrue on such
unpaid amount at the rate of 2% per calendar month or portion thereof,
computed from the original due date until paid in full, and shall
be collected at the time of payment or enforcement of such residential
refuse fee.
(6)
Levy of and lien on unpaid residential refuse fees.
If a residential refuse fee including accrued interest thereon, is
not fully paid on or before November 30 of the calendar year for which
originally billed, the unpaid amount shall, pursuant to the procedures
set forth 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, be collected, and be enforced in the same manner
and at the same time as provided by law for City taxes due in such
next succeeding year.
[Amended 3-9-1976 by Ord. No. 65-1976; 4-1-1976 by Ord. No. 68-1976; 3-15-1983 by Ord. No. 61-1983; 7-15-1986 by Ord. No. 182-1986; 6-16-1992 by Ord. No. 138-1992]
A.
All garbage, trash and recyclables are to be placed
at the edge of the pavement in specified containers or bundles by
no later than 7:00 a.m. during the months of September through May
and no later than 6:00 a.m. during the months of June through August
on the designated collection day for such items and no earlier than
8:00 p.m. of the day preceding such designated collection day.
[Amended 4-26-2005 by Ord. No. 94-2005; 5-15-2007 by Ord. No. 116-2007]
B.
All garbage placed for collection shall be in heavy-duty
plastic bags or paper bags constructed of heavy Kraft paper with reinforced
bottom closure for extra strength and specially treated to withstand
action of water, grease and oil, similar to refuse sack bags manufactured
by St. Regis for garbage use, or equal or not more than 32 gallons'
capacity and weighing, when filled, not more than 75 pounds. Prior
to collection, all bags shall be securely closed by tying in such
a manner that at least four inches will be provided above the tie
so that the bag may be lifted.
[Amended 3-21-2000 by Ord. No. 53-2000]
C.
All garden refuse, such as clippings from trees, bushes,
hedges and grass, shall be placed at the curb by the property owner
in disposable thirty- to forty-gallon biodegradable paper bags or
loose in thirty-two-gallon containers. Brush, branches and shrubbery
no larger than three inches in diameter and no longer than four feet
in length with no single bundle or item weighing more than 75 pounds
shall be placed at the curb. These items shall be placed at the curb
by no later than 7:00 a.m. during the months of September through
May and no later than 6:00 a.m. during the months of June through
August on the designated collection day for such items and no earlier
than 8:00 p.m. of the day preceding such designated collection day.
Under no circumstances will City vehicles drive onto private property
for the purpose of removal of any yard waste or refuse.
[Amended 3-21-2000 by Ord. No. 53-2000; 4-26-2005 by Ord. No. 94-2005; 5-15-2007 by Ord. No. 116-2007]
D.
All sharp-edged objects, such as glass, metals, pins
and needles, shall be properly wrapped so as to prevent injury to
City collectors.
E.
City employees will close gates and replace lids on
containers after collection.
F.
The property owner shall keep any dog owned by him
securely leashed or otherwise controlled on garbage collection days
to prevent injury to City collectors.
G.
Garbage from all dwelling units shall be placed at
the curb for collection in covered and securely closed watertight
containers or heavy-duty plastic bags of not more than 32 gallons'
capacity and weighing, when filled, not more than 75 pounds. Garbage
generated by dwelling units shall be kept separate from garbage generated
by any other use. Notwithstanding the above, arrangements may be made
with the Department of Public Works for placement and pickup of garbage
in containers picked up by mechanical means.
H.
Garbage, trash, recyclables and refuse shall not be
collected by the City and private garbage collectors between the hours
of 8:00 p.m. and 7:00 a.m. during the months of September through
May and between 8:00 p.m. and 6:00 a.m. during the months of June
through August.
[Added 5-15-2007 by Ord. No. 116-2007]
I.
Placement of mattresses or box springs for collection. Mattresses
and box springs shall not be placed at the curb for refuse collection
nor shall they be collected by the Department of Public Works unless
and until the owner of said item has placed it in a disposable mattress
bag and sealed it with packing tape.
[Added 10-16-2012 by Ord. No. 168-2012]
[Amended 11-15-1994 by Ord. No. 256-1994; 5-20-1997 by Ord. No. 103-1997]
A first offense against the provisions of this
article shall be punishable by a fine of not more than $100. A second
offense against the same ordinance shall be punishable by a fine of
not more than $250. A third offense against the same article shall
be punishable by a fine of not more than $500. All subsequent offenses
against the same ordinance shall be punishable by a fine of not more
than $1,000, or by imprisonment for a term not to exceed 15 days,
or both. The Commissioner of Police, with the approval of the City
Manager, may designate people outside the Police Department to enforce
the provisions of this article.
[1]
Editor's Note: Added during codification.
