Lawmaker: NYC Sanitation Dept. Enforcing Rule That Doesn’t Exist

NEW YORK (CBSNewYork) – Six constituents of Queens New York State Senator Tony Avella have complained in the past few weeks of tickets for placing trash curbside outside of the sanitation department policy’s hours.

WCBS 880’s Paul Murnane On The Story

That policy says you can’t put the trash out any earlier than 4 p.m. on the day before collection between October 1 and April (5 p.m. other dates).

Avella says he can find no evidence that what he calls sanitation department policy was ever made into a formal regulation. That would require public comment, a hearing, and other measures.

“They never went through the proper procedures to change what is just an internal policy within the city to a regulation by which you can enforce a ticket,” Avella told 1010 WINS. “You can well understand why this procedure exists because otherwise every agency could say, ‘Well, today we’re making policy and we’re going to start issuing tickets.’ Well, you can’t do that.”

Furthermore, he says the rules or policies weren’t properly publicized.

Avella said his constituents who have placed their receptacles out for pick up day have received $100 fines.

“It’s always been my belief that Mike Bloomberg tells the city agencies ‘Go out and get revenue’,” said Avella on Friday.

Avella says he has heard of other “weird violations” and six tickets may be the tip of the iceberg.

Refunds and legal action could follow because in his words, “Somebody screwed up, perhaps years ago.”

What do you think of the situation? Sound off in the comments section below!

  • Mr.Niceguy

    This city has always had “Island behavior” ,it’s an Island ,.you get away
    with stuff, till you don’t..
    Reminds me of having a ceiling rain leak from the roof of my top floor
    apartment ,the building inspector showed up when it was NOT raining
    so no leak was found. I asked him if I could make an appointment with
    D.O.B. when it does rain,and he said” we don’t make appointment’s like
    that.” …cool !

  • Native New Yorker

    This is like when cops ticket people for taking pictures in the subways, citing a rule that actually ALLOWS subway photography.

  • Meme Meyagi

    what is done about 7 million mooslime terrorists living in usa?

    • Maria

      go to school and get some help in ELA

  • Ann Mason

    This isn’t about keeping the city clean. It’s about revenue.

  • Esmerelda

    The City rips off its people in various ways everyday.
    Its a Lawless City starting with Bloomberg buying a third term and
    then changing the rules again to suit him only.
    Bah Humbug !

  • civil servant

    Former city employee, Bloomberg DEFINITLEY tells all city employees to get revenue any way you can. He has no regard for anyone only his image. And if you don’t make quota you will be punished.(shifth chnanges,time off denied etc.)

  • Victor Beube

    I understood the “Policy” or “Rule” differently. One could not put garbage out for collection before “dusk” the day before collection. I paid that fine last year. When the Lady over the phone exp;ained the “Policy” over the phone, I thought that such an expression for a legal matter that brought a fine of 100.00 was strange. I was too busy to look into it. I now want my 100.00 back. Thanks Queens people.

  • None Of Your Business

    Our wonderful civil servants at work — ticket someone for doing something that isn’t against the law.

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