Mayor Wilder doesn’t like bringing in his trash cans either

For once we agree with Doug Wilder. The Mayor came out against the $50 fine for failing to bring-in trash cans/recycling bins by 7am the day after pickup, which was recently passed by city council.

“These fines are exorbitant and nothing more than another form of taxation; as such, they are an unlawful use of the City’s taxing authority and cannot be applied to residents in a fair and consistent manner,” the Mayor said.

Read the Mayor’s full press release after the jump.

Mayor Asks Council to Repeal Ordinance On Refuse and Recycling Receptacles

Mayor L. Douglas Wilder has asked City Council to repeal a recently passed ordinance that would impose fines of $50 per day for each refuse and recycling receptacle left in the public right-of-way outside of specified collection times.

“These fines are exorbitant and nothing more than another form of taxation; as such, they are an unlawful use of the City’s taxing authority and cannot be applied to residents in a fair and consistent manner,” the Mayor said.

“The best thing for the City and its residents would be for Council to repeal this ordinance.  Times are tight, and we don’t need another unfair burden on the taxpayers.”

City Ordinance 2007-230-275, which was approved by City Council in November, allows refuse and recycling receptacles to be placed on City property or in the public right-of-way no earlier than 4 p.m. the day before collection and requires the receptacles be removed by 7 a.m. the day after collection. As approved by Council, a $50 daily fine begins effective May 1 for each receptacle that is not removed outside of those specified times.

In his repeal request to Council on March 10, the Mayor cited the following reasons for repealing the $50 fines:

·    The fines do not qualify as necessary taxes that are required to pay the City’s debts, defray its expenses or perform its functions.

·    The assessment of the fines is not related to any costs incurred by the City for trash collection, as those costs are already covered by existing solid waste fees.

·    The fines may be inconsistently applied, as City employees will be required to determine what constitutes the “timely removal” of receptacles called for by the ordinance after a warning has been issued.    

The Mayor’s repeal request is scheduled to be considered by City Council’s Land Use, Housing and Transportation Committee on April 22 and before the full Council on April 28.

The Administration insisted upon a two-month public awareness “warning” period before Council passed the ordinance, so that people would not be penalized before being able to learn about the new program.  Earlier this month, the City’s Department of Public Works began implementing the new ordinance by placing yellow warning stickers on receptacles that need to be moved. 

If the ordinance is still in place on May 1, the Department of Public Works will begin issuing red violation stickers that carry the $50 daily fine for each receptacle left out. The fine will be assessed to residents, landlords and businesses through their monthly City utility bills.