Relates to receptacles for the removal of waste material in the city of New York

Summary of provisions

Section 1 of the bill amends subdivision c of section 16-120 of the administrative code of the city of New York, to allow for the placement of waste receptacles in front of a building or dwelling after 5:00 pm on the day before the scheduled collection, or after 9:00 pm on the day before the scheduled collection from October through April.

Section 2 of the bill amends subdivision f of section 16-120 of the administrative code of the city of New York to allow for the issuance of a warning letter for a first violation of the improper placement of receptacles. Violations thereafter will be liable for a civil penalty of $25-$100 for a second violation, $100-$200 for a third violation within any 12 month period and $200-$300 for a fourth or subsequent violation within any 12 month period.

Section 3 of the bill amends section 16-120 of the administrative code of the city of New York by adding three new subdivisions j, k and l:

Section j will allow the department to grant a waiver to allow early placement of garbage receptacles to residential property owners who are 1) senior citizens 65 years of age or older or 2) owners who have a disability or 3) owners with significant scheduling conflicts that prevent placement during the times required by the law. In order to qualify for the waiver, eligible property owners must provide the department with written notification showing proof of age, disability or scheduling conflicts and written statement that no,one living in the home is capable of placing receptacles during time required by law. The department with then investigate the waiver application and notify the resident within thirty days. If a waiver is granted the property owner will be able to place the waste receptacle no earlier than 12 hours prior to time for collection.

Section k will require the department prior to the effective date of the law to issue written notification about these changes in the law to all property owners in the city.

Section 1 will create an affirmative defense to violations of section f of the law if the person was granted an early placement waiver.

Section 4 of the bill sets forth an effective date of 180 days after it shall become law.

Justification

Pursuant to city law, the New York City Department of Sanitation (DOS) has issued hundreds of "notices of violation" to property owners who

place their waste receptacles in front of the properties on days prior to their scheduled collection. While there was some attempt on the part of DOS to allow property owners to place their receptacles out on the day prior to collection after 4pm or 5pm, this policy was not adequately communicated to property owners and has resulted in the intermittent and unfair implementation of this policy costing property owners hundreds of dollars in fines.

This law will clarify and codify the DOS policy on early placement of receptacles and specifically require proper notification to property owners so there is no confusion as to the requirements of the law. It will also allow for an early placement waiver to eligible residential property owners who are either over 65 years of age, disabled or have significant scheduling conflicts that make it difficult for them to comply with the requirements of the law. The law will also create an affirmative defense to a violation of the law to those residential property owners who have been granted an early placement waiver.

Prior legislative history

New bill.

Fiscal implications for state and local governments

None.

Effective date

This act would take effect the 180th day after it shall have become law.