§ 9-9-10 NOISE MITIGATION PLANS.

   In addition to the other powers set forth in this article, the Mayor may request an acoustical review of a proposed facility as part of the building permit review process. Such acoustical review shall be performed by an acoustical/sound professional and may require the submission and acceptance of a noise mitigation plan to ensure that the facility's noise activities fall within the dB limitations specified in this article prior to building permit approval. Failure to comply with a noise mitigation plan will result in enforcement actions as provided in this article.

(Ord. 2017-002)

§ 9-9-11 MAKING VIOLATIONS OF THE NOISE ORDINANCE CIVIL VIOLATIONS; PROVIDING A HEARING; ADDITIONAL REMEDIES; INJUNCTIONS.

   (A)   Each act in violation of this article shall constitute a public nuisance and a separate civil violation. Civil violations of this article shall subject the owner of the offending property to the following penalties for offenses during any 36-consecutive-month period:

      (1)   a civil fine of $250 for the first offense;

      (2)   a civil fine of $500 for the second offense;

      (3)   a civil fine of $1,000 for the third and subsequent offenses.

Each calendar day during which the civil violation occurs shall constitute a separate and distinct offense.

   (B)   Upon determination by the Mayor that a violation of this article has occurred, the Mayor will cause to be sent a Notice of Violation, which notice will be mailed postage pre-paid return-receipt-requested to the lawfully registered owner of the property as determined by the records of the Bernalillo County Clerk. The notice shall contain the following information:

      (1)   The address where the violation occurred;

      (2)   The approximate time the violation occurred;

      (3)   A brief narrative of the circumstances surrounding the violation;

      (4)   A statement regarding whether this is the first, second, or third or subsequent offense within a consecutive 36-month period;

      (5)   A name and phone number or title of municipal employee from whom the owner can obtain further information;

      (6)   The address where payment for the violation may be made;

      (7)   A statement that the owner has the right to contest the validity of the civil violation by requesting a hearing in writing within ten days of the date of mailing of the Notice of Violation; and

      (8)   A copy of this article.

   (C)   Any person who is issued a Notice of Violation may request that a hearing be scheduled by the city hearing officer by submitting a request for a hearing with the City Clerk's Office. The hearing shall be held In accordance with the provisions in the IHO Ordinance, ROA 1994, Chapter 2, Article 7, Part 8.

   (D)   Failure to pay a fine imposed by this article—whether the fine is uncontested or unsuccessfully contested—shall subject the property owner to the penalty provisions set forth in § 9-9-11 of this code of ordinances. Each failure is considered a separate offense.

   (E)   As an additional remedy to the civil fines set forth in this section, the Mayor may seek a restraining order or injunction issued by a court of competent jurisdiction to prohibit ongoing violations of any provision of this article.

('74 Code, § 6-22-17) (Ord. 21- 1975; Am. Ord. 30-1981; Am. Ord. 9-2001; Am. Ord. 2017-002; Am. Ord. 2023-015)

§ 9-9-12 ARTICLE NOT TO EFFECT PROVISIONS OF OTHER CITY ORDINANCES.

   The enactment of this article shall not be construed to supersede or effect the following provisions of the Albuquerque Code of Ordinances:

   (A)   Section 9-2-4-7 "animal noise";

   (B)   Chapter 9, Article 3 "alarm systems";

   (C)   Section 8-6-14 "use of horn";

   (D)   Section 8-6-13 "muffler required"; and

   (E)   Section 12-2-4 "unreasonable noise".

(Ord. 2017-002)

ARTICLE 10: SOLID WASTE MANAGEMENT AND RECYCLING

Section

Part 1: Solid Waste Collection

   9-10-1-1   Short title

   9-10-1-2   Purpose

   9-10-1-3   Definitions

   9-10-1-4   Administration

   9-10-1-5   Collection authorization

   9-10-1-6   Precollection practices

   9-10-1-7   Storage of solid waste for commercial and multi-family dwelling collection

   9-10-1-8   Collection practices

   9-10-1-9   Dumping, accumulating, and scattering of refuse

   9-10-1-10   Multiple-family dwelling recycling

   9-10-1-11   Collection fees

   9-10-1-12   Burning of solid waste

   9-10-1-98   Enforcement

   9-10-1-99   Penalty

   Appendix:   Collection and Disposal Rates

Part 2: Albuquerque/Bernalillo County Regional Landfill

   9-10-2-1   Purpose

   9-10-2-2   Operation and monitoring of public landfills

   9-10-2-3   Staff assistance and funding

Part 3: [Reserved]

Part 4: Computer Recycling

   9-10-4-1   Short title

   9-10-4-2   Purpose

   9-10-4-3   Computer hardware recycling

   9-10-4-4   Temporary provision

PART 1: SOLID WASTE COLLECTION

§ 9-10-1-1 SHORT TITLE.

   Sections 9-10-1-1 et seq. shall be known and may be cited as the “Municipal Solid Waste Ordinance” of the city.

('74 Code, § 6-3-1) (Ord. 42-1980; Am. Ord. 2013-009)

§ 9-10-1-2 PURPOSE.

   The purpose of §§ 9-10-1-1 et seq. is to preserve the health, comfort, and convenience of the inhabitants of the city and to preserve and improve the environmental quality of the city.

('74 Code, § 6-3-2) (Ord. 42-1980; Am. Ord. 2013-009)