CHAPTER 50
SOLID WASTE
Section
50.04 Administration; Sanitation Officer
50.05 Accumulation of solid waste
50.06 Collection authorization
50.07 Residential and commercial collection
50.08 Special collection services
50.09 Collection rates; increases and fees
50.10 Compulsory collection and service fees
50.11 Grievance procedure; withholding payment
50.12 Proper receptacles; failure to use city service
50.01 TITLE.
This chapter shall be known as the “Solid Waste Chapter.”
(’87 Code, § 8-1-1) (Ord. 82-34; Am. Ord. 91-041; Am. Ord. 93-028; Am. Ord. 00-003)
50.02 PURPOSE.
The purpose of this chapter is to preserve the health, safety, comfort and convenience of the inhabitants of the city and to preserve, protect and improve the environmental quality of the city.
(’87 Code, § 8-1-2) (Ord. 82-34; Am. Ord. 91-041; Am. Ord. 93-028; Am. Ord. 00-003)
50.03 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ASHES. The residue from the burning of wood, coal, coke or other combustible materials.
CITY. The City of Rio Rancho, New Mexico.
CODE ENFORCEMENT OFFICER. A duly sworn employee of the city who enforces designated portions of the code.
COMMERCIAL COLLECTION. Solid waste collected from other than single-family residential homes.
CONTRACTOR. A private firm authorized to do business in New Mexico and the city, who has been awarded a franchise with the city to:
(1) Collect solid waste and recyclable materials from residential homes and disposes of same in a state permitted solid waste or appropriate recycling facility;
(2) Collect commercial solid waste and recyclable materials, as applicable, and deliver to a state permitted solid waste or appropriate recycling facility.
DEPARTMENT. The Department of City Development.
FRANCHISE. The right and responsibility to collect and transport to an appropriate state permitted solid waste facility, all residential or commercial solid waste generated in the city, except that it does not include special or hazardous wastes.
GARBAGE. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
HAZARDOUS WASTES. Solid waste that is deemed as hazardous under federal statutes, rules or regulations.
INFECTIOUS WASTE. A limited class of substances that carry a risk of transmitting disease, including but not limited to:
(1) Microbiological laboratory wastes, including clinical and stocks of infectious agents from clinical research and industrial laboratories, and disposable culture dishes and devices used to transfer, inoculate and mix cultures;
(2) Pathological wastes, including human or animal tissues, organs and body parts, removed during surgery, autopsy or biopsy;
(3) Disposable equipment, instruments, utensils and other disposable materials which require special precautions because of contamination by highly contagious diseases;
(4) Blood and blood products, including waste blood, blood serum and plasma;
(5) Used sharps, including used hypodermic needles, syringes, scalpel, blades, Pasteur pipettes and broken glass; and
(6) Contaminated animal carcasses, body parts and bedding, especially those intentionally exposed to pathogens in research, in the production of biological or the “in vivo” testing of pharmaceuticals.
LANDFILL. An area of land or an excavation in which solid wastes are placed for disposal and that employs an engineered method that minimizes environmental hazards and meets the requirements of the state’s solid waste management regulations.
PERSON. Any individual, firm, partnership, corporation, cooperative, association or any other entity owning, operating, controlling or inhabiting any house, residence, shop, establishment or other premises within the corporate limits of the city.
PREMISES. Any property within the city corporate limits adaptable for human occupancy, and shall also mean, but not be limited to business places, apartment houses, offices, theaters, hotels, residences, cafes, restaurants, eating places, tourist facilities, hospitals, schools, vacant lots and any other places or locations within the city limits where solid waste accumulates.
RECYCLING. Any process by which recyclable materials are collected, separated or processed and reused or returned to use in the form of raw materials or products.
RECYCLABLE MATERIALS. Materials that would otherwise become solid waste if not recycled and that can be collected, separated or processed and placed in use in the form of raw materials, products or densified-refuse-derived fuels.
RESIDENTIAL COLLECTION. Solid waste collected from single-family residential homes.
RUBBISH. Includes, but is not limited to all nonputrescible solid wastes (excluding ashes), such as paper, cardboard, cans, wood, yard clippings, leaves, dirt, glass, bedding, crockery and similar materials.
SANITATION OFFICER. The City Manager and is the person responsible for the administration and enforcement of this chapter.
SOURCE SEPARATION. The setting aside of recyclable materials at the point of generation (household or commercial) by the generator before the materials would otherwise become solid waste, but does not include recyclable materials that would otherwise become special or hazardous waste.
SPECIAL WASTES. Types of solid wastes that have unique handling, transportation or disposal requirements to assure protection of the environment and the public health and safety as defined by New Mexico Solid Waste Management Regulations.
SOLID WASTE. Any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material including solid, liquid, semi-solid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations and from community activities, but does not include those items excluded as SOLID WASTE by the solid waste management regulations adopted by the Environmental Improvement Board of the state.
WHITE GOODS. Refrigerators, ranges, washers, water heaters, freezers and other domestic and commercial large appliances.
(’87 Code, § 8-1-3) (Ord. 82-34; Am. Ord. 91-041; Am. Ord. 93-028; Am. Ord. 00-003)
50.04 ADMINISTRATION; SANITATION OFFICER.
(A) The Sanitation Officer is responsible for the administration and enforcement of this chapter.
(B) It shall be the duty of the Sanitation Officer to oversee the handling and collection of all solid waste and recyclable materials in the city and disposal or processing thereof. He shall have the authority to enforce this chapter and to adopt regulations to implement this chapter.
(C) Unless made the responsibility of the contractor under the franchise, the Sanitation Officer shall:
(1) Monitor all contractors’ compliance with the terms of any applicable franchise or contract, and monitor compliance with the terms of this chapter;
(2) Hear and decide complaints brought by a contractor or persons served by a contractor concerning a contractor’s or person’s compliance with the terms of any applicable franchise or contract or the terms of this chapter;
(3) Notify persons whose single-family residential containers are not in conformity to the requirements set forth in this chapter;
(4) Approve the locations of and need for all commercial containers;
(5) Notify persons using commercial containers if unsanitary conditions exist, per this chapter;
(6) Resolve disputes regarding placements of solid waste receptacles, per this chapter;
(7) Order additional commercial pickups, if unsanitary conditions exist;
(8) Perform any other duties assigned by the governing body;
(9) Designate authorized landfills for use by the city and its contractors; and
(10) Annually conduct a quality of collection and recycling service study, the results of which shall be presented in a report to the governing body.
(D) Any person or contractor aggrieved by a decision of the Sanitation Officer may appeal to the governing body by filing a written appeal with the City Clerk within five days of the Sanitation Officer’s decision. The City Clerk shall notify all parties by certified mail or registered mail of the date of the hearing no less than 15 days prior to the date of the hearing.
(’87 Code, § 8-1-4) (Ord. 82-34; Am. Ord. 91-041; Am. Ord. 93-028; Am. Ord. 00-003)
50.05 ACCUMULATION OF SOLID WASTE.
(A) No person shall allow any solid waste to accumulate upon premises or real property owned, leased or occupied by him during intervals between collection thereof, 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 or vacant land within the city, except in the receptacles or containers as hereinafter specified.
(C) No person shall allow any material to accumulate in or around a minimum of a three-foot clear space around the circumference of a fire hydrant.
(’87 Code, § 8-1-8) (Ord. 82-34; Am. Ord. 91-041; Am. Ord. 93-028; Am. Ord. 00-003) Penalty, see § 50.99
50.06 COLLECTION AUTHORIZATION.
(A) The city shall provide and maintain suitable equipment and personnel sufficient to collect solid waste and recyclable materials within the city and shall provide adequate areas for the disposal of solid waste and recyclable materials. To achieve those purposes, the governing body may enter into exclusive franchises for the collection of residential solid waste and recyclable materials and for the collection of commercial solid waste and recyclable materials. (’87 Code, § 8-1-5)
(B) At the end of a franchise term, the city may elect not to renegotiate or renew any or all franchises. In order to provide collection and recycling services after the franchise term has expired, the city may:
(1) Itself provide collection;
(2) Contract with a person authorized to do business within the state and the city; or
(3) Arrange for the collection in any other manner allowed by law.
(’87 Code, § 8-1-6)
(C)(1) Except as otherwise provided in this chapter, solid waste accumulated in the city shall be collected, conveyed and disposed of by the city or its contractors.
(2) No person other than the authorized contractor shall collect, transport or dispose of any solid waste accumulated in the city, except that the actual producer of solid waste, or the owner or occupant of property where solid waste has accumulated, may personally collect and transport the solid waste providing it is done in a sanitary manner, which will prevent any waste from spilling, blowing or in any other manner being deposited on any public or private property. The person shall deposited the solid waste in an authorized landfill site.
(3) Notwithstanding the terms of this section, all persons must arrange for regular residential or commercial solid waste collection with the appropriate contractor, per the terms of this chapter, and must pay for the service, per the terms of this chapter.
(’87 Code, § 8-1-7)
(Ord. 82-34; Am. Ord. 91-041; Am. Ord. 93-028; Am. Ord. 00-003)
50.07 RESIDENTIAL AND COMMERCIAL COLLECTION.
(A) Residential collections.
(1) Residential container required; maintenance required. Every person owning, leasing, or occupying a single-family residence within the city shall provide or cause to be provided on his premises mechanically handled containers obtained from the city’s authorized contractor.
(a) Mechanically handled containers provided by the contractor shall:
1. Remain the property and responsibility of the contractor.
2. Be maintained in mechanically sound condition by the contractor.
(b) The contractor shall be entitled to seek restitution for all maintenance, repairs or loss occasioned by the negligent or intentional acts of third parties from such responsible third parties.
(c) The combined weight of the containers and contents shall not exceed 150 pounds.
(2) Residential collection regulations.
(a) Containers shall be loaded in such a manner as they will self-empty when inverted.
(b) Each container shall:
1. Have a securely reinforced top and bottom;
2. Have a well fitted cover, which shall be kept closed when containing solid waste;
3. Be without significant dents; and
4. Containers that have become deteriorated or that have been damaged to the extent of being badly dented, leaking, without handles or without covers, or having ill-fitting covers, or having jagged or sharp edges capable of causing injury to waste collection employees, shall be replaced by the contractor.
(c) The owner, occupant, tenant, or lessee of each premise shall store the containers in such a manner as to keep the containers from being overturned or upset and scattered in any manner.
(d) Upon ten days’ written notice by registered or certified mail, return receipt requested, a code enforcement officer may advise a customer or contractor of a violation of this section and order corrective action as appropriate, including but not limited to the replacement or repair of a container.
(3) Residential collection times, locations and frequency.
(a) Times and location. All residential containers, other than at a qualified physically disabled resident, shall be placed for pickup no later than 7:00 a.m. on the regularly scheduled day, but no earlier than 7:00 p.m. the evening prior to pickup, unless otherwise authorized by the Sanitation Officer. Except where special circumstances warrant otherwise and where approved by the city, all collections made by contractor for other than a qualified physically disabled resident, shall be made at curbside and containers must be no farther than three feet from the driving surface of the street. Containers shall be clearly visible and accessible to collection vehicles, and with three feet clearance from any obstructions including but not limited to trees, shrubbery, walls, fences, and vehicles. All emptied containers shall be removed from the curb area within 12 hours of collection.
(b) Residential collection frequency. Solid waste and recyclable materials from all residential premises shall be collected and disposed of once per week.
(’87 Code, § 8-1-9)
(B) Commercial collection.
(1) Commercial container required; maintenance. Containers shall meet the following specifications and be maintained in the specified manner:
(a) It is the responsibility of the owner of the premises to arrange for commercial containers, which are compatible with the contractor’s solid waste collection equipment. It is also the responsibility of the owner of the premises to contact the solid waste collector concerning any relocation of container, change of service or change of business.
(b) Commercial or business establishments and multiple-family dwellings with more than two dwellings on a single site are required to have a commercial container unless granted an exemption by the Sanitation Officer. The container shall be kept in a clean, neat and sanitary condition at all times.
(c) The size and specifications of a commercial container shall be based on the volume and type of solid waste produced by the particular commercial or business establishment or multiple-family dwelling. In cases of disputes or disagreements concerning the appropriate size of a container, the Sanitation Officer may order a change in the size of the container or frequency of collections.
(d) The contractor shall collect all solid waste except special or hazardous wastes, which is contained inside the approved receptacle with lid or approved covering to be serviced for that premises. The solid waste shall not exceed the receptacle capacity and the container’s lid or covering must be closed and secured when not in use. The owner shall not place any solid waste in any area other than the solid waste container.
(e) All solid waste receptacles shall be kept in a clean condition by the user and kept in a good condition by the owner. The owner will perform or cause to be performed all maintenance and repairs upon solid waste containers in order to keep them in proper operating order. The contractor shall maintain, repair or repaint a container upon the order of a code enforcement officer. The contractor shall be entitled to seek restitution for all maintenance, repairs or loss occasioned by the negligent or intentional acts of third parties from the responsible third parties.
(2) Criterion for placement of containers.
(a) The container shall at all times be located in a manner as to be readily accessible for removing and emptying. Criteria for placement shall include consideration of accessibility to the container by the contractor and safety.
(b) No commercial container shall be placed on any premises zoned R-1, street or alley without prior approval of the Sanitation Officer.
(c) A property owner or his agent, whose site will require commercial collection, shall submit to the Department an accurate site plan of the whole site for which service is desired. The plan shall show lot lines, existing and planned buildings, proposed collection points and enclosures (including the design of the enclosure), and the proposed location of each commercial container.
1. The specific location for a commercial container shall be approved by the Department. Commercial containers and enclosure facilities shall be located according to the criterion above.
2. The Department may require alternative locations or enclosure design.
(d) Every commercial container shall be enclosed according to the following criteria.
1. The enclosure shall be so positioned that it diminishes or eliminates the public view of the solid waste container.
2. The enclosure facility shall be surrounded by a wall or fence forming an essentially opaque enclosure on at least three sides of the solid waste container. A four-sided enclosure with a movable gate or door may be required if it is determined that it is necessary to sufficiently diminish the view of the solid waste container. When four-sided enclosures are used, they will have the gate open on scheduled pickup days so that the container is accessible for service.
3. The enclosure facility shall be on a concrete pad not less than 10-foot by 12-foot in size.
4. The height of the enclosure shall not be less than the height of the highest solid waste container or less than 36 inches.
5. The location, design, color and material of the enclosure shall be compatible with the principal building and the use of the site.
6. The enclosure shall incorporate steel stop posts to protect the enclosure.
7. Responsibility of keeping the enclosure clean and in good repair is that of the owner of the property on which the enclosure is located.
(e) In cases of disputes or complaints arising from or concerning the placement of a container, the Sanitation Officer shall designate the location of containers, taking into consideration among other things, convenience to collection crews, convenience to customers and hazardous conditions such as electrical wires.
(f) In certain cases, the Department Director may grant full or partial variances from the requirement for collection point enclosure, specified in this section.
1. A variance may be given when the Department’s findings are that the provisions of the normal enclosure:
a. Would not further the purpose of this chapter due to exceptional physical conditions;
b. Would result in an arbitrary and unreasonable taking of property or impose undue economic burden; or
c. Would avoid injury to public health and safety.
2. A variance will not be approved which:
a. Would result in a condition injurious to public health or safety; or
b. Is not justified by economic hardship alone or by a weighing of the relative interests of the applicant and the general public.
3. Variances granted shall be based on specific findings and a written record of the findings and decisions shall be preserved by the Department.
4. A variance may be revoked when there have been material changes in the amount or type of solid waste or in the use of the site, such that the variance is no longer justified.
(3) Commercial collection times; container size and frequency.
(a) Commercial containers shall be serviced between the hours of 4:00 a.m. and 8:00 p.m. on the regularly scheduled pickup days.
(b) It shall be the responsibility of the contractor and the commercial user to determine the cubic yard size and number of pickups per week for commercial containers. The minimum number of pickups shall be one time per week. If, in the opinion of the Sanitation Officer, unsanitary premises are being maintained, written notice of this fact shall be sent by registered or certified mail, or delivered to the user. The notice shall state if the Sanitary Officer will require the user to increase the size of the container or to increase the frequency of collection service to maintain sanitary conditions. If within ten days after mailing or delivery of the notice, the premises are not being maintained in sanitary manner, user shall be in violation of this chapter and shall be subject to the penalties provided herein.
(c) The fees for commercial containers include the fees for collection and the container supplied by the contractor.
(d) For commercial, business, other nonresidential establishments or premises where commercial containers are used to serve two or more establishments or dwellings, the fees provided may be prorated. In the event of a conflict, the proration shall be as determined by the Sanitation Officer.
(’87 Code, § 8-1-10)
(C)(1) Burning. It shall be unlawful to burn solid waste of any nature within the city. Tumbleweeds may be burned with the permission of the Department of Public Safety subject to the conditions set forth in Chapter 93 of this code.
(2) Construction debris.
(a) All construction sites shall have a method of containment, with a covering or lid that will be secured when not in use, for construction debris to prevent the debris from blowing or scattering upon the site or adjacent property and streets. The method of containment shall meet with the approval of the Sanitation Officer.
(b) The producer of construction debris shall arrange with the contractor for its collection and removal, except that the person may personally collect the debris and transport to a state permitted landfill. Transportation shall be in a vehicle, which will prevent the debris from spilling, blowing or in any other manner from being deposited on any street, roadway or property.
(3) Flammable or explosive materials. Highly flammable or explosive materials shall not be placed in residential or commercial containers. The producers of solid waste shall provide a disposal plan for approval by the city.
(4) Holidays. The contractor may choose to observe the following holidays as non-collection days: New Year’s Day, Fourth of July, Thanksgiving and Christmas. If the contractor observes the above listed holidays as non-collection days, then collection shall occur on the preceding Saturday or the Saturday following the holiday, whichever is closest to the holiday. Commercial collections on holidays shall be performed on the day either prior or after the holiday at the option of the contractor.
(5) Hot ashes; other combustible material. No person shall deposit into a solid waste receptacle for collection:
(a) Hot ashes, cinders, smoldering coals likely to ignite other materials unless the hot ashes, cinders, or smoldering coals have been cooled for at least 48 hours prior to the time of scheduled collection;
(b) Other oily, greasy materials or combustible substances unless placed into the waste receptacle in metal or other noncombustible containers.
(6) Infectious waste. No generator of solid waste shall place in any container for regular collection any infectious waste or an item that has come in contact with infectious waste.
(7) Special and hazardous waste.
(a) It shall be unlawful to place or cause to be placed in any container for collection any special or hazardous waste of any kind. Any special or hazardous waste will be removed from the city at the owner’s or producer’s expense to an approved site.
(b) Upon request of the generator and for a fee, the contractor shall remove and transport special or hazardous waste to an appropriately approved facility.
(’87 Code, § 8-1-11)
(Ord. 82-34; Am. Ord. 91-041; Am. Ord. 93-028; Am. Ord. 00-003; Am. Ord. 01-019; Am. Ord. 06-49) Penalty, see § 50.99
50.08 SPECIAL COLLECTION SERVICES.
Upon request and for a fee, the contractor shall collect bulky and large solid waste including but not limited to, furniture and appliances. The contractor may assess a reasonable charge based on the average hourly cost of equipment and labor for the time required. Solid waste that is too long or bulky to be placed in the containers required by this chapter, shall be prepared for collection by compressing the rubbish as flat as practicable, or breaking or cutting into shorter lengths, and securely tying in a bundle not exceeding 4 feet in length and 50 pounds in weight. No solid waste such as light packing materials, or other similar and easily scattered materials, shall be included in the bundle, nor any garbage or material not defined as rubbish.
(’87 Code, § 8-1-12) (Ord. 82-34; Am. Ord. 91-041; Am. Ord. 93-028; Am. Ord. 00-003; Am. Ord. 01-019)
50.09 COLLECTION RATES; INCREASES AND FEES.
(A) Collection rates. Collection rates for all classes and types of service shall be available for inspection at the office of the City Clerk and at the office of an authorized contractor. The city may authorize payment for low-income customers by agreement with an authorized contractor.
(B) Collection rate increases. Rates shall only be changed in the following manner:
(1) General rate increase. General rate increases are not allowed.
(2) Annual Consumer Price Index (CPI) adjustments. Collection rates shall be automatically adjusted by a percentage equal to 85% of the annual percent change in the average Consumer Price Index for All Urban Consumers: water and sewer and trash collection services (“WST”), as published by the Bureau of Labor Statistics, for the 12-month period ending the previous September 30th (compared to the average WST for the next previous 12-month period ending September 30th). However, annual CPI adjustments will be limited to a 1.5% minimum and 2.5% maximum. At least 30 days prior to the adjustment date, the contractor shall notify the city of the WST adjustment to take effect on the adjustment date and shall provide the city with its computations therefor. The adjusted rates will commence on January 1st of each year.
(3) Petition for unusual or extraordinary costs.
(a) The contractor may petition the city, at any time, for rate adjustments on the basis of unusual changes in the cost of operations, such as future, revised, or new interpretations of laws, ordinances or regulations; changes in disposal fees; increases in the cost of fuel; changes in the scope of services, including the implementation of innovations; redirection of solid waste to an alternative site; increases in the costs of licenses, permits and city taxes; or for other good reasons.
(b) The city shall have the right to demand inspections by it, or authorized representatives or independent auditors, of pertinent records or documents that demonstrate the basis for an adjustment to the rates. The city shall not unreasonably withhold approval of a rate adjustment pursuant to this section.
(c) The city shall conclude all action within 60 calendar days from the receipt of a petition. Failure to conclude action within 60 calendar days from the receipt of the petition may be deemed by the contractor as denial of contractor’s petition.
(4) Rates for new services. Rates for new services may be approved by the City Manager, after receipt and review of appropriate documentation from the contractor that demonstrate the proposed rates are reasonable, and are related to the cost of providing said services.
(C) Rate adjustment hearings.
(1) Rate adjustment request. The governing body of the City of Rio Rancho shall conduct rate adjustment hearings upon the request of a contractor, a qualified petition, or a resolution of the governing body as follows:
(a) Upon receipt of a petition from a contractor:
1. The contractor shall submit financial records and other documents as appropriate, prepared by a certified public accountant or auditing firm, for a period sufficient to document the unusual or extraordinary costs. If the unusual or extraordinary cost is incurred because of a transaction between the contractor and an affiliated interest, operating division, or an entity with overlapping ownership or control over the contractor, the contractor may be required to produce or provide access to financial information of such entity that directly pertain to the cost increase and are necessary to determine the commercial reasonableness of the cost to the contractor. The governing body shall take reasonable action to protect confidential or proprietary information contained in the records of any contractor or contractor-affiliated interest. The city has unilateral authority, which shall be reasonably applied, to deem the sufficiency of the financial information required under this section.
2. The documents provided by the contractor shall be made available to the members of the governing body not less than ten calendar days prior to the initial hearing date scheduled for the contractor’s requested rate adjustment.
3. The expenses of preparing the necessary documents shall be borne by the contractor.
(b) Upon the filing of a petition with the municipal clerk containing the signatures of at least 10% of the registered voters calculated as of the last municipal general election; or
(c) Upon the adoption of a resolution by the governing body calling for a rate review.
(2) Standards for rate reviews. In determining the appropriate rates, it shall be the policy of the city that the public interest, the interests of consumers, and the interests of the contractors require the regulation of rates to the end that reasonable and proper services shall be available at fair, just, and reasonable rates, and to the end that the contractor shall be compensated fairly and sufficiently to allow for the rendition of reasonable and proper services to the general public.
(3) Procedures for rate review hearings.
(a) Notice and advertising of rate adjustment hearings shall be given as specified.
(b) The governing body of the city shall accept and hear public comment and shall require the contractor to provide such relevant records or documents that support any existing or proposed rate as fair, just, and reasonable.
(c) The governing body of the city shall make a final determination on any rate adjustment no later than 30 days from the first official hearing date. The governing body may postpone decisions on any rate adjustment and reconvene said hearing any time within the 30-day period.
(d) The governing body of the city shall hold no less than two rate adjustment public hearings for each requested rate adjustment application.
(4) Franchise fee.
(a) The franchise fee may be different for the residential and commercial franchises. The franchise fee is for the cost of maintaining the infrastructure necessary for the collection of solid waste and for associated programs, which include but are not limited to, recycling education and promotion. Changes to a franchise fee shall be effective the following January 1, providing two months’ notice is given to the appropriate contractor.
(b) Residential collection. Effective January 1, 1993, the franchise fee shall be 5%.
(c) Commercial collection. Effective January 1, 1993, the franchise fee shall be 5%.
(d) Effective January 1, 1993, 1.5% of the franchise fee shall be used for city beautification and recycling programs.
(’87 Code, § 8-1-13) (Ord. 82-34; Am. Ord. 91-041; Am. Ord. 93-028; Am. Ord. 00-003; Am. Ord. 01-019; Am. Ord. 18-36)
50.10 COMPULSORY COLLECTION AND SERVICE FEES.
(A) The owner or owner’s agent of the property being served shall make the necessary arrangements for collection service. The owner or agent shall be the responsible party for billing purposes. Owners of property shall be responsible for any unpaid bills left by tenants. Such persons shall pay to the contractor the fees established and set forth in this chapter, whether or not the solid waste collection service is actually used. Failure to comply is a violation of this chapter, in accordance with NMSA §§ 3-48-1 through 3-48-7, as amended. Failure to pay solid waste collection charges is punishable under § 50.99.
(B) Upon the filing with the contractor of the notice provided for above, the contractor serving that property might require a deposit equal to six months of residential service and three months of commercial service. Upon termination of service or two years, whichever occurs first, the contractor shall return the deposit less any amounts due.
(C) Vacated premises shall continue to receive charges unless the owner or agent of such premises makes an application in writing to the contractor stating the date of vacated premises and expected date of re-occupancy. The contractor may not stop charges until such application is made or contractor documents the vacancy through contact with the tenant or the owner. No credits shall be given for charges on vacant premises prior to receipt of such application or documentation. All charges are on a monthly basis and credit shall not be prorated. Vacated premises for less than one month will not receive a credit. Any person making a false statement upon any application or request pursuant to this chapter shall be guilty of a violation of this chapter.
(D) All charges shall be payable to the contractor and will become delinquent 45 days after the close of the month’s service. A delinquent fee per mailing may be imposed for each month a person is delinquent to offset delinquent billing notification. As provided in division (A), failure to pay is punishable under § 50.99.
(’87 Code, § 8-1-14) (Ord. 82-34; Am. Ord. 91-041; Am. Ord. 93-028; Am. Ord. 00-003; Am. Ord. 01-019)
50.11 GRIEVANCE PROCEDURE; WITHHOLDING PAYMENT.
(A)(1) If a person served by a contractor has a grievance, that person shall file a written complaint with the Sanitation Officer. The Sanitation Officer shall notify the contractor of the complaint and give the contractor five days to either correct the problem or respond to the complaint in writing. The Sanitation Officer shall schedule a hearing on the complaint within 15 days and send notice of the hearing to all parties by registered or certified mail no less than 15 days prior to the scheduled hearing date.
(2) The Sanitation Officer shall hear the evidence, and grant the appropriate relief including ordering the contractor to change its practices, ordering adjustment of amounts paid to the contractor, or any other remedy that is appropriate.
(B)(1) Persons shall not withhold payments owed to any contractor.
(2) Failure to pay appropriate statements or to bring current his or her delinquent account will entitle the contractor to pursue its legal remedies either under the franchise agreement or as afforded by applicable laws.
(’87 Code, § 8-1-15) (Ord. 82-34; Am. Ord. 91-041; Am. Ord. 93-028; Am. Ord. 00-003) Penalty, see § 50.99
50.12 PROPER RECEPTACLES; FAILURE TO USE CITY SERVICE.
(A) The city may remove or order its contractors to remove any solid waste from any real property or any premises, if:
(1) Any person owning, occupying or controlling real property or premises allows solid waste to be deposited or accumulated upon his property other than in the proper receptacle and fails to remove solid waste or to place the solid waste in the proper receptacle within 48 hours after notice from the Sanitation Officer.
(2) The person owning, occupying or controlling real property or premises refuses to use the solid waste collection service provided by the city.
(B) After the removal of solid waste the contractor shall bill the person the charge allowed under this chapter for the removal. Failure to pay the charge is a violation of this chapter.
(’87 Code, § 8-1-16) (Ord. 82-34; Am. Ord. 91-041; Am. Ord. 93-028; Am. Ord. 00-003)
50.99 PENALTY.
Any violation of this chapter is punishable by a fine of no less than $25 and no more than $500. Each day a violation of this chapter continues is a separate offense.
(’87 Code, § 8-1-17) (Ord. 82-34; Am. Ord. 91-041; Am. Ord. 93-028; Am. Ord. 00-003)