(A) Residential Collection. See the Collections and Disposal Rates Appendix attached to this article which includes the applicable effective dates.
(B) Commercial Collection. Commercial rates can be adjusted by administration not to exceed 5% within any fiscal year. See the Collections and Disposal Rates Appendix attached to this article which includes the applicable effective dates. These fees shall reflect the actual cost of service from the level in effect immediately prior to that date. Hotels, restaurants, other establishments and businesses, institutions, and multiple-unit dwellings receiving commercial type service shall have fees based on the type and frequency of service and the volume of the refuse container required to collect such refuse.
(C) Starting and Stopping Service; Credit. All premises shall be charged solid waste collection fees except as provided herein:
(1) Previously unoccupied residences. New home not previously occupied, including model and show homes, will be charged at the time sold. It shall be the duty of the builder, contractor, or agent to notify the city in writing at the time of the sale.
(2) Vacant residential premises. Residential premises which become vacant shall continue to receive charges unless said unoccupied premises meet the following conditions:
(a) The service suspension period shall be 90 consecutive days or more;
(b) Premises was receiving residential (and not commercial) collection service;
(c) The customer's premises must be vacant of all occupants for the entire period of suspension;
(d) 1. Written request for service suspension is received by the City Solid Waste Management Department ten days prior to the beginning of suspension. The request shall include date of departure and expected return date. Solid waste collection service and charges will resume on the expected return date.
2. Written request for suspension of service should be mailed, or faxed to:
City of Albuquerque
Solid Waste Management Department
4600 Edith Blvd. N.E.
Albuquerque, New Mexico 87107
Fax (505) 761-8101
3. Requests by telephone cannot be honored.
4. If refuse and/or recyclable material is found at the premises during temporary suspension of service and it is determined said refuse and/or recyclable material was generated by lawful occupants of the premises, the customer may be back billed for entire suspension period.
5. Automated collection cart(s) must be retrieved by the Solid Waste Management Department before service can be suspended or the cost of replacement will be assessed.
(3) Vacant commercial premises. Commercial premises which become vacant shall continue to receive charges until proper written application to stop charges is received by the city. The owner, tenant, lessee, manager, or occupant shall make such written application to the Department at the address shown in § 9-10-1-11(C)(2)(d)2., above. Charges will be stopped upon verification by the Department.
(4) Credit or back charge adjustments may be made retroactive, however, such adjustments shall not exceed a period of four years.
(5) Any person making a false statement upon any application or request pursuant to §§ 9-10-1-1 et seq. shall be guilty of an ordinance violation.
(D) Payment. All charges shall be payable at the Office of the City Treasurer, City Hall, Albuquerque, New Mexico, or other locations as designated by the Mayor and will become delinquent 15 days following the “due by” date on the customer's utility statement.
(E) Penalty. A penalty of 1½% per month may be imposed on all delinquent accounts.
(F) Responsibility of Payments, Liens, and Deposits.
(1) The charges provided for herein are the personal responsibility of the owner of the property served; any fee, payment, or fee shifting arrangement with a tenant or any other person is a third-party arrangement between the owner and the other person or entity and is not binding on the city.
(2) The city may file a lien on such property for such charges including any interest or penalties accruing on same.
(3) In the event the property is sold the original owner shall notify the city as provided herein the date of the transfer of title and the name and address of the new owner.
(4) Reasonable deposits may be required of any customer when the Mayor deems it appropriate. Such deposits shall draw reasonable interest as determined by the Mayor.
(G) Discontinuance of Service; Hearing.
(1) The city may cause the water supply to be turned off and discontinue service to the property if any charge provided for herein remains unpaid for a period of 30 days from the “due by” date on the property owner’s utility statement. Service may not be discontinued for delinquencies of a previous owner.
(2) In order to discontinue service, a written notice shall be sent to the property owner giving the property owner at least 15 days notice of the termination of services and notice of property owner's right to protest the city's action at a hearing before the City Hearing Officer.
(3) The property owner must request in writing that a hearing be held and such request must be received by the City Clerk within 15 days of receipt of notice of termination of service. The hearing shall be held in accordance with the provisions In the IHO, ROA 1994, Chapter 2, Article 7, Part 8. The Hearing Officer may affirm, overrule, or modify the decision to terminate the services. The decision of the Hearing Officer shall be final. In the event a hearing is requested, the services shall not be terminated until and in accordance with the decision of the Hearing Officer.
(4) The Mayor shall establish rules or procedures for such hearings and for discontinuance of service not in conflict herewith.
(H) Rate Appendix. All 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.
(I) Legal Remedy. The city shall have a right to proceed for collection of such unpaid charges in any manner provided by the law for collection of a municipal claim.
(J) Use of City Municipal Landfill and Convenience Centers.
(1) City Municipal Landfill.
(a) The City Municipal Landfill will accept solid waste from licensed authorized commercial haulers of two tons and over size vehicles and city collection vehicles only, unless otherwise approved by the Mayor.
(b) The City Municipal Landfill and convenience centers will not accept hazardous wastes, unauthorized waste, or infectious wastes.
(c) The fees for disposal in the City Municipal Landfill are set forth in the Collections and Disposal Rates Appendix, which includes the applicable effective dates.
(2) City Convenience Centers.
(a) Any residential producer of refuse may dispose of same at any City Convenience Center for a fee set forth in the Collections and Disposal Rates Appendix per each individual load plus applicable gross receipts and local option taxes or $1 per each individual load plus applicable gross receipts and local option taxes. Any uncovered and/or unsecured load will be charged an additional fee set forth in the Collections and Disposal Rates Appendix, which includes the applicable effective dates, per individual load plus applicable gross receipts and local option taxes. A load is equivalent to 64 cubic feet (4'X8'X2').
(b) Any business or institution may dispose of commercial refuse, except unauthorized waste, infectious wastes or hazardous waste, at any City Convenience Center for a fee set forth in the Collections and Disposal Rates Appendix, which includes the applicable effective dates, per each individual load plus applicable gross receipts and local option taxes. Any uncovered and/or unsecured load will be charged an additional fee as set forth in the Collections and Disposal Rates Appendix per individual load plus applicable gross receipts and local option taxes. A load is equivalent to 64 cubic feet (4'X8'X2').
(c) Any vehicle transporting material to any City Convenience Center is limited to a rated capacity of under two tons.
(d) Salvaging and scavenging is prohibited at the city landfill, transfer stations, and convenience centers at all times without the written permission of the Mayor.
(K) A fuel surcharge may be assessed each month to all refuse collection when the purchase price of diesel fuel exceeds $2.30 per gallon.
(L) The costs to provide current levels of service will be calculated each year and presented to City Council as a part of the budget process. Service rate adjustments may be recommended annually, based on controllable and uncontrollable expenses, and must be approved by the City Council.
('74 Code, § 6-3-10) (Ord. 42- 1980; Am. Ord. 17-1991; Am. Ord. 27-1992; Am. Ord. 10-1993; Am. Ord. 12-1994; Am. Ord. 26-1995; Am. Ord. 13-1996; Am. Ord. 12-1998; Am. Ord. 22-1998; Am. Ord. 18-2000; Am. Ord. 18-2001; Am. Ord. 38-2002; Am. Ord. 28-2003; Am. Ord. 51-2005; Am. Ord. 15-2006; Am. Ord. 42-2006; Am. Ord. 6-2010; Am. Ord. 2013-009; Am. Ord. 2014-013; Am. Ord. 2020-041; Am. Ord. 2023-015)