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.”
