Section 753. Powers and duties of the commissioner  


Latest version.
  • a.   Except as
      otherwise provided by  law,  the  commissioner  shall  have  charge  and
      control  of and be responsible for all those functions and operations of
      the city relating to the cleanliness of the streets and the disposal  of
      waste, including, without limitation, the following:
        (1)  the sweeping, cleaning, sprinkling, flushing, washing and sanding
      of the streets;
        (2)   the removal and disposition of ashes, street sweepings, garbage,
      refuse, rubbish and waste;
        (3)  the removal of ice and snow from the streets;
        (4)  the removal of encumbrances from the streets and the  storage  or
      disposal of such encumbrances;
        (5)    plans,  design,  construction,  operation,  alteration, repair,
      maintenance, replacement, enlargement  and  regulation  of  the  use  of
      incinerators,  landfills  and  other  plants,  facilities  and equipment
      necessary for or useful for performing the functions and exercising  the
      powers and duties enumerated in this section; and
        (6)    the  powers  and duties of the commissioner with respect to the
      resource recovery task force set  forth  in  subdivision  f  of  section
      fourteen hundred and three, of this charter.
        b.    The  commissioner  may  adopt regulations specifying the kind of
      ashes, garbage, refuse, rubbish or other material or substance that will
      be collected by the city, from whom it will  be  taken,  the  manner  in
      which it shall be arranged or sorted, the time when it will be collected
      and  the  place  at  which it shall be deposited for collection, and may
      prescribe civil penalties for violations thereof.
        c.  Such regulations shall be enforced by order of  the  commissioner.
      Such  order  shall  be  addressed  to  the  owner  or owners, lessees or
      occupants of  the  building,  structure,  enclosure,  vessel,  place  or
      premises  affected thereby.  It shall not be necessary to designate such
      owner or owners, lessees or occupants by name in such order, however the
      premises shall be designated in the address so  that  the  same  may  be
      readily  identified.   Service of any such order may be made by delivery
      of a copy thereof to the owner or any one of several owners, to a lessee
      or any one of several lessees, or to  any  person  of  suitable  age  or
      discretion in charge of the premises, or if no person be found in charge
      of  the premises, then by affixing a copy of such order prominently upon
      the premises.   If such order is  not  complied  with  within  the  time
      specified  therein,  the  commissioner  shall  prosecute  the  person or
      corporation liable therefor for the penalty prescribed by the regulation
      violated in furtherance of which such order shall have been  issued  and
      served.
        d.    The  commissioner  may  adopt regulations controlling the use of
      sidewalks  and  gutters  by  abutting  owners  and  occupants  for   the
      disposition  of  sweepings,  garbage, refuse or rubbish, and may provide
      that the violation thereof shall be punishable by civil penalty, fine or
      imprisonment.  Such regulations shall be submitted to  the  council  and
      when  approved  by  it shall be published and enforced in like manner as
      local laws.