Chapter 8.05
SOLID WASTE COLLECTION, DISPOSAL
Sections:
8.05.010 Sanitation system created.
8.05.030 Equipment to be provided – Contract authorized.
8.05.040 Compulsory collection and service fees.
8.05.050 Accumulation and deposit of solid waste.
8.05.060 Container required – Maintenance required.
8.05.120 Disturbing of containers.
8.05.140 Frequency of collection.
8.05.150 Collection and disposal service fees.
8.05.180 Discontinuance of water service for nonpayment of charges.
8.05.190 Delinquent assessments – Lien – Foreclosure.
8.05.010 Sanitation system created.
Under the authority in Chapter 300 of the Laws of 1965, Sections 3-48-1 through 3-48-7, New Mexico Statutes, 1978 Annotated, it is hereby declared that the public health, safety and welfare of the inhabitants of the town of Mesilla require the creation, establishment, maintenance, and enforcement of a general system of sanitation for collection and disposal of solid waste. [Ord. 91-15; prior code § 10-5-1]
8.05.020 Definitions.
A. “Collection” shall mean the process of collecting solid waste for transportation.
B. “Commercial user” shall mean any person generating solid waste from other than a single-family residence.
C. “Commercially generated solid waste” shall mean all solid waste except that generated by residences.
D. “Contractor” shall mean any person engaged by agreement with the town of Mesilla for the collection of refuse and solid waste, the transport of solid waste generated in the town to a sanitary landfill, and/or the operation of a solid waste transfer station.
E. “Disposal facility” shall mean a sanitary landfill, transfer station, or other acceptable method.
F. “EID” shall mean the Environmental Improvement Division of the Health and Environment Department of the State of New Mexico.
G. “Person” shall mean and include any person, firm, partnership, public or private corporation, association, trust, estate, or company, and any officer or agent thereof.
H. “Premises” shall mean business houses, apartment houses, offices, theaters, hotels, residences, cafes, eating houses, tourist camps, mobile home courts, settlements, clinics, rooming houses, schools, vacant lots and all other places in the town where solid waste, as defined herein, accumulates.
I. “Refuse” shall mean solid waste.
J. “Sanitary landfill” shall mean a facility employing an approved method of disposal of solid waste on land that minimizes environmental hazards and meets the requirements of the Environmental Improvement Division.
K. “Solid waste” shall include but is not limited to any garbage, rejected or waste food, offal, carrion, ashes, trash, rubbish, waste or unwholesome material of any kind except sewage but including residential, commercial, institutional, industrial, and recreational waste.
L. “Transfer station” shall mean any facility constructed and managed for storage or placement of solid waste in large containers or vehicles for movement to another waste facility.
M. “Occupied” shall mean any real property in which a person or persons reside in as an owner or tenant. This shall include property which is under construction and/or being remodeled. [Ord. 2006-06; Ord. 91-15; prior code § 10-5-2]
8.05.030 Equipment to be provided – Contract authorized.
The town of Mesilla shall require suitable equipment sufficient to collect and dispose of solid waste generated within the town. The board of trustees shall:
A. Acquire equipment for the collection of solid waste by the town; or
B. Provide for the collection and disposal of solid waste by contract, or by any other manner deemed suitable by the municipality, including by special agreements if the service cannot otherwise be provided. [Ord. 91-15; prior code § 10-5-3]
8.05.040 Compulsory collection and service fees.
Every person owning or controlling residential, commercial or any other property within the town shall subscribe to the municipal solid waste collection and disposal service and shall pay the solid waste disposal fees established by the board of trustees and provided for by ordinance. The fees shall only be charged against real property which is occupied and/or property that has an active water service account. All commercial property owners not currently contracted with the town shall contract on or before October 31, 2006. [Ord. 2006-06; Ord. 96-03 § 1; Ord. 93-07 § 1; Ord. 91-15; prior code § 10-5-4]
8.05.050 Accumulation and deposit of solid waste.
A. No person shall allow any solid waste to accumulate upon premises owned, leased or occupied by him during intervals between collections except in the manner provided by this chapter.
B. It shall be unlawful to deposit any solid waste in or upon the streets, alleys, sidewalks, gutters, storm sewers, or parkways within the town of Mesilla except in specified receptacles or containers. [Ord. 91-15; prior code § 10-5-5]
8.05.060 Container required – Maintenance required.
A. Every person owning or controlling real property within the town and who subscribes to a solid waste collection and disposal service shall be provided one or more of the following types of container(s) for use:
1. Commercial. Each commercial user account must provide or be provided with one or more adequately sized carts or dumpster-containers. The size of container and number of pick-ups per week shall be negotiated between the user and the commercial provider. The fee for commercial service shall also be negotiated with the supplier of the service.
2. Residential. Each residential account will be provided with one cart at the base fee provided in the resolution on fees. Additional carts shall be available according to the fee schedule.
B. The contractor(s) shall replace or repair damaged containers. Each user shall be responsible for maintaining containers in a clean and sanitary manner and shall be financially responsible for the replacement or repair of any container intentionally damaged or destroyed by the user.
C. All solid waste subject to containerization shall be stored in containers. [Ord. 91-15; prior code § 10-5-6]
8.05.070 Bulky solid waste.
Solid waste such as boxes, cartons, cases, barrels or similar materials, tree and shrubbery trimmings too long or bulky to be placed in the containers provided, may be prepared for collection as follows:
A. Collapse such bulky solid waste as flat as practicable; break or cut into shorter lengths, and securely tie in bundles not exceeding four feet in length and 50 pounds in weight.
B. Nest boxes, cartons, cases and so on, together with the smaller boxes inside the larger boxes, not to exceed four feet in length and 50 pounds in weight. Such bundled or nested solid waste may be placed adjacent to the containers for collection.
C. Debris from the construction, reconstruction or repair of premises shall not be placed with other trash for collection, but shall be disposed of directly by the property owner or occupant.
D. Containers shall be covered at all times so that flies and other insects do not have access. [Ord. 91-15; prior code § 10-5-7]
8.05.080 Time limit.
Containers shall be placed at curbside no earlier than 6:00 p.m. of the day preceding collection and removed promptly after contents have been emptied. [Ord. 91-15; prior code § 10-5-8]
8.05.090 Unoccupied premises.
It shall be unlawful for any person to sweep, place, or throw solid waste or any waste materials upon any sidewalk, alley, unoccupied premises or vacant lot. [Ord. 91-15; prior code § 10-5-9]
8.05.100 Unsanitary premises.
A. It shall be unlawful for any person owning or controlling real property within the town to permit or cause to remain in or about his premises any solid waste, weeds, automobiles not in operating condition, waste water or any conglomeration or residue thereof, which emits odors or serves as a feeding or breeding place for flies, insects or rodents, which is unsanitary, or injurious to public health. Building materials, pipes, lumber or boxes may be accumulated on premises, if evenly piled and stacked, for a reasonable length of time to be determined by the board of trustees.
B. If unsanitary premises are being maintained, written notice shall be mailed or delivered to that person owning or controlling the premises. If within 10 days after the mailing or delivery of such written notice, the unsanitary problem is not corrected, the person owning or controlling the premises shall be guilty of a misdemeanor and shall be subject to the penalties provided in MTC 8.05.180. [Ord. 91-15; prior code § 10-5-10]
8.05.110 Reserved.
8.05.120 Disturbing of containers.
It shall be unlawful for any person to disturb or scatter the solid waste or contents of the solid waste containers. [Ord. 91-15; prior code § 10-5-12]
8.05.130 Exclusive right.
The town or its duly authorized agents shall have the exclusive right to collect solid waste produced or generated from residences within the town and to contract for said collection pursuant to MTC 8.05.030, and it shall be unlawful for any other person, firm, or corporation to collect such residentially generated solid waste within the town of Mesilla. [Ord. 91-15; prior code § 10-5-13]
8.05.140 Frequency of collection.
A. The collected waste shall be transported in a sanitary manner which prevents the spilling or blowing of the materials and shall be disposed of at an EID approved transfer station or sanitary landfill.
B. Residential solid waste shall be collected weekly. Commercial solid waste shall be collected at least weekly, with more frequent collection as needed. [Ord. 91-15; prior code § 10-5-14]
8.05.150 Collection and disposal service fees.
A. Establishing the Fee Schedule. The fee schedule for collection and disposal of residential waste shall be by ordinance and may be changed from time to time.
B. Rates and Charges. Rates and charges shall be increased yearly based on the Consumer Price Index (CPI). Should any subsequent year’s Consumer Price Index (CPI) be less than the previous year, then the higher of the two Consumer Price Indexes (CPI) shall remain in effect.
|
96-gallon poly cart |
$12.70 |
Nonseniors |
|
$8.64 |
Seniors |
|
1-1/2 – 2 cubic yards |
$46.49 |
|
3 cubic yards |
$61.98 |
|
4 cubic yards |
$72.31 |
|
6 cubic yards |
$92.97 |
|
8 cubic yards |
$108.47 |
C. Deposits – New Customers. Solid waste service will be provided to any new residential customer within the town limits with a deposit of $30.00 for property owners and $60.00 for nonowners (i.e., renters, guests). Commercial accounts will receive service with a deposit of $50.00 for property owners and $80.00 for nonowners.
1. Refunds for residential property owners’ and nonresidential property owners’ solid waste utility deposits shall, at customer’s request, be refunded or applied to customer’s account after 13 consecutive prompt monthly payments.
2. If a residential property owner or a nonresidential property owner is delinquent for two consecutive months or is shut off for nonpayment, a deposit as set forth in this subsection shall again be required for continuation of service.
3. All solid waste customers are entitled to the deposit at the time of voluntary account closure. [Ord. 2013-02; Ord. 2012-04; Ord. 2008-01; Ord. 2007-09 § 1; Ord. 2006-13; Ord. 2004-13 § 1; Ord. 2001-01 § 1; Ord. 98-05 § 1; Ord. 96-03 § 1; Ord. 91-15; prior code § 10-5-15]
8.05.160 Payment of fees.
The billing and collecting of the charges levied for solid waste service shall be done by the town and all such charges shall be payable at the town office and in the same manner as other utility services are billed and collected by the town. [Ord. 91-15; prior code § 10-5-16]
8.05.170 Special assessments.
A. The town may remove or cause to be removed solid waste from real property and make a charge against real property specially benefitted by the removal of solid waste, if:
1. Any person owning or controlling real property allows solid waste to be deposited upon his property other than in the proper receptacle and does not remove the waste within 48 hours after it is deposited on the real property; or
2. The person controlling real property refuses to use the solid waste collection service provided by the town.
B. If any person owning or controlling real property fails or refuses to pay, the town may make an assessment against the real property:
1. The charge imposed for collection and disposal of solid waste; or
2. The charge made against real property specially benefitted by removal of solid waste. [Ord. 91-15; prior code § 10-5-17]
8.05.180 Discontinuance of water service for nonpayment of charges.
A. The town shall have the right, in accordance with Section 3-23-1(b), New Mexico Statutes, 1978 Annotated, to discontinue municipal water service to any residential or commercial user if payment of any fee for solid waste collection and disposal service by that user is not made within 30 days from the date payment is due. Water service may remain discontinued and may not be supplied to the person liable for the payment until the arrears have been fully paid or an acceptable payment schedule is approved.
B. Assessment Roll – Publication of Notice of Hearing.
1. To collect the assessment authorized in MTC 8.05.170, the board of trustees shall have prepared an assessment roll, which shall include:
a. The name of the owner, if known, of the parcel of real estate being assessed;
b. A description of the parcel of real estate being assessed;
c. The amount assessed against each parcel of real estate; and
d. A description in general terms of the removal and what was removed from the real estate being assessed.
2. The town clerk-treasurer shall publish a notice containing the assessment roll and stating the time and place that the board of trustees will hear appeals or protests by any person aggrieved by the assessment. The notice shall be published once, not less than 10 days nor more than 20 days before the day of the protest hearing. If the address of the owner of the real property is known, a copy of the notice shall be mailed by certified mail, return receipt requested, to the known address of the owner of the real property being assessed.
3. At the authorized protest hearing (subsection (B)(2) of this section), any interested person may protest to the board of trustees:
a. The regularity of the proceedings;
b. The amount assessed against the real estate; and
c. The correctness of the amount of the assessment.
4. The board of trustees shall then:
a. Determine the regularity of the proceedings;
b. Correct any errors found in the assessment; and
c. By resolution, confirm the proceedings and the assessments.
5. The proceedings and the assessments so confirmed shall be the final determination as to the regularity, validity and correctness of the assessment. [Ord. 91-15; prior code § 10-5-18]
8.05.190 Delinquent assessments – Lien – Foreclosure.
On or before July 1st of each year, the town clerk-treasurer shall certify to the board of trustees a list containing any delinquent assessments with penalty added for nonpayment of the assessments at a rate of one percent per month of any assessment confirmed by resolution as provided in MTC 8.05.180 and describe the parcel of real estate to which the assessment is applicable. After the certified list is accepted by the board of trustees, the assessments shall be processed as provided and in accordance with state law. [Ord. 91-15; prior code § 10-5-19]
8.05.200 Penalties.
Any person who shall violate this chapter shall upon conviction be punished by a fine of not less than $5.00 nor more than $500.00 or by imprisonment not exceeding 90 days, or by both such fine and imprisonment at the discretion of the municipal judge. [Ord. 91-15; prior code § 10-5-20]