(A) Frequency of Collection.
(1) Residential. Refuse and recyclable material accumulated by residences shall be collected at such times and frequency as deemed necessary by the Mayor.
(2) Commercial. Hotels, restaurants, and other such businesses and institutions as deemed necessary by the Mayor shall enter into an agreement for greater frequency of collection.
(a) The Mayor shall have the authority to require that more frequent collections be made where necessary to protect the public health.
(b) The Mayor shall have the authority to determine when inaccessible containers will be serviced, provided, however, the Mayor has the authority to charge a special fee for such collection.
(c) The Mayor, in his or her discretion shall have the authority to charge a special fee for unscheduled or emergency collection (see § 9-10-1-4(D)).
(d) All commercial containers are to be accessible between the hours of 5:00 a.m. and 8:00 p.m., or as otherwise designated by the Mayor. If containers are not readily accessible, the Mayor shall have the authority to charge a special fee for late collection (see § 9-10-1-4 (D)).
(B) Limitations on Quantity.
(1) Residential. The city shall collect the refuse and recyclable material of each family during a collection period for the standard charge. Any excessive accumulation as determined by the Mayor may require a special collection at an additional fee.
(2) Commercial. The city shall collect all refuse which is contained inside the approved container to be serviced for that location. Any excess accumulation outside the designated contracted container shall be collected by a special collection at an additional fee. The refuse must not exceed the container capacity and the refuse container lid must be closed at all times. The Mayor shall have the authority to determine where the compaction of refuse is required.
(C) Special Solid Waste Disposal.
(1) Infectious Waste. Waste from homes, hospitals, nursing homes, or other places where highly infectious or contagious diseases have prevailed shall not be placed in containers for regular collection. The producers of such waste shall dispose of it in accordance with all applicable regulations. If hazardous or infectious waste is transported without knowledge by the Solid Waste Management Department, any fines and/or associated costs for cleanup will be reimbursed to the City of Albuquerque by the property owner.
(2) Highly Flammable or Explosive Solid Waste. Highly flammable or explosive material shall not be placed in containers for regular collection and disposal. The producers of such solid waste shall immediately notify the Mayor who shall direct the proper collection and disposal of such solid waste at the expense of the owner or possessor thereof.
(3) Hazardous Waste. Hazardous waste may only be disposed of in accordance with all city, state and federal regulations. The city further reserves the right to prohibit the disposal of materials otherwise identified or defined as hazardous waste in § 9-10-1-3.
(4) Tires. Commercial businesses shall dispose of tires in a container designated for tire disposal only. Any commercial business that places tires in a container designated for residential or commercial refuse will be assessed an additional fee. Containers designated for tire pick up by the city must be compatible with city equipment. Separate tire disposal containers must not contain any solid waste or a penalty will be assessed. See §§ 9-10-1-98 and 9-10-1-99 below. The city shall not be responsible for procuring or maintaining containers for the disposal of tires. Tire disposal fees will apply. See the Collections and Disposal Rates Appendix attached to this article.
(D) Collection by Actual Commercial Producers.
(1) Requirements for Vehicles. The actual commercial producers of refuse, the owners of premises upon which such refuse is accumulated who desire personally to collect and dispose of such refuse, or licensed transporters of refuse, and persons who desire to dispose of waste material not included in the definition of refuse shall do so only with compliance with the rules and regulations authorized by §§ 9-10-1-1 et seq. Such collection shall be accomplished through the use of a vehicle provided with a tightly secured cover. Such vehicles shall be operated to prevent offensive odors escaping therefrom and refuse from being blown, dropped, or spilled.
(2) Disposal. Disposal of refuse by persons so permitted under this division (D) shall be made at a site authorized by the city.
(3) Rules and Regulations. The Mayor shall have the authority to make other such reasonable regulations concerning individual collection or disposal.
(4) Applicable Fees. Nothing herein shall be construed to exempt such producers or owners from the fees provided herein.
(5) Refuse and Recyclable Material Property of City. Ownership of refuse and/or recyclable material placed in container, or set out for collection or disposed of in the City Sanitary Landfill shall be vested in the city upon collection or disposal.
(E) Change Between Residential and Commercial Collection Service. Notwithstanding any other provisions in §§ 9-10-1-1 et seq., the city may require the person in control of real property to receive a type of collection service other than as defined in §§ 9-10-1-1 et seq., according to the following standards:
(1) Criteria for change between residential and commercial collection service shall be as follows:
(a) Two or more of the following circumstances exist as to existing service:
1. The site serviced is unable to comply with requirements of §§ 9-10-1-1 et seq. unless the type of collection is changed;
2. The existing collection service cannot conform with all other applicable city ordinances;
3. The existing collection service creates a health or safety hazard;
4. There have been frequent, substantial amounts of loose refuse around the collection container, evidenced by two or more fines paid or six or more neighborhood complaints; or
5. The customer requests the change in service.
(b) In addition, the new class of service would meet all of the following criteria:
2. The new collection location conforms with all other applicable city ordinances; and
3. The new service would not be likely to create a health or safety hazard.
(c) If an owner has eight or fewer dwelling units and mobile homes on a single lot, it may justify a change from commercial to residential service. The fact that an owner owns additional dwellings on other lots in the vicinity does not normally justify a change from residential to commercial collection service.
(2) If the city changes a site from commercial to residential collection, the city shall offer to purchase any privately owned container it had authorized for the commercial collection service. The price offered shall reflect fair market value of the container in its present condition.
(3) The owner or person in control of the real property shall be notified of the city's intended change of service at least 30 days in advance of its effective date.
(4) The owner or person in control of real property may appeal the proposed collection service change to the city's Zoning Hearing Examiner. The city may by rule adopt a fee to pay the city cost of such an appeal.
(F) Automated Collection Cart Charges.
(1) One automated collection cart will be provided without cost to each residence. Thereafter, if the cart is lost or stolen or destroyed by the resident, a charge to cover the replacement cost of the container will be assessed. The city shall confiscate all carts that have not been assigned to a residence. Unlawful use of an additional cart will result in back charges and/or penalties.
(2) A monthly per cart fee will be charged for the use of each additional, 96 gallon, automated collection cart. See the Collections and Disposal Rates Appendix attached to this article which includes the applicable effective dates. Additional cart charges will be assessed for a period of no less than six months.
(G) Rate Appendix. Rates are set by the Solid Waste Management Department, are subject to change, and are published in the Collection and Disposal Rate Appendix to this article.
('74 Code, § 6-3-8) (Ord. 42- 1980; Am. Ord. 58-1985; Am. Ord. 13-1986; Am. Ord. 9-2000; Am. Ord. 18-2001; Am. Ord. 28-2003; Am. Ord. 15-2006; Am. Ord. 6-2010; Am. Ord. 2013-009; Am. Ord. 2014-013; Am. Ord. 2020-041)