City of Albany, NY Article I Removal of Garbage

§ 313-1 Purpose.

[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.

§ 313-2 Curbside collection program.

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.

§ 313-3 Scope.

[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.

[Added 1-4-2016 by L.L. No. 1-2016;[1] amended 11-19-2018 by L.L. No. 7-2018; 12-16-2019 by L.L. No. 5-2019[2]]

(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]

§ 313-4 Preparation and placement of household refuse for collection.

[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]]

[1] Editor's Note: This ordinance also redesignated former Subsections G(2) through G(4) as Subsections G(3) through G(5), respectively.

(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.

§ 313-5 Collection points and schedules.

[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]

§ 313-6 Scavenging.

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.

§ 313-7 Penalties for offenses.

[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.

D. Health and safety violation put the general public at risk; therefore, no prior notice will be given. The owner of the property shall remain subject to the penalties contained in Subsection A of this section.

[Added 5-21-2007 by Ord. No. 44.31.07]

§ 313-8 Promulgation of rules and regulations.

[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.

§ 313-9 Severability.

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.

§ 313-10 Repealer.

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.