City of Española, NM
Rio Arriba County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the City of Española 11-16-1992 by Ord. No. 493 (Ch. 82 of the Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Carnivals and circuses — See Ch. 163.
Graffiti — See Ch. 213.
Handbills — See Ch. 218.
Housing standards — See Ch. 222.
Littering — See Ch. 235.
Nuisances — See Ch. 254.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ASHES
The residue from the burning of wood, coal, coke, or other combustible materials.
COMMERCIAL COLLECTION
Solid waste collected from other than residential collection.
DEPARTMENT
The Department of Public Works.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food.
HAZARDOUS WASTES
Solid waste that is deemed 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:
A. 
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;
B. 
Pathological wastes, including human or animal tissues, organs and body parts, removed during surgery, autopsy, or biopsy;
C. 
Disposable equipment, instruments, utensils, and other disposable materials which require special precautions because of contamination by highly contagious diseases;
D. 
Blood and blood products, including waste blood, blood serum and plasma;
E. 
Used sharps, including used hypodermic needles, syringes, scalpel, blades, Pasteur pipettes, and broken glass; and
F. 
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
The Santa Fe County Landfill.
MOBILE HOME PARK
Any plot of ground upon which three or more mobile homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodation.
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 boundaries of the City.
PREMISES
Any property within the City corporate boundaries 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 boundaries where solid waste accumulates.
PUBLIC WORKS DIRECTOR
The employee of the City who enforces designated portions of this Code, including this chapter.
RESIDENTIAL COLLECTION
Solid waste collected from premises occupied as individual residential dwellings, containing no more than four families per lot, and mobile home parks where the water and/or sewage service is furnished by the City and billed to the individual occupant of the mobile home.
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.
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, semisolid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations and from community activities, but not including those items excluded as solid waste by the solid waste management regulations adopted by the State Environmental Improvement Board.
SPECIAL WASTES
Types of solid wastes that have unique handling, transportation, or disposal requirements to ensure protection of the environment and the public health and safety as defined by the state solid waste management regulations.
TRANSFER STATION
A transferable container designated by the City as a receptacle for solid waste.
Any violation of this chapter is punishable by a fine as provided in Chapter 1, General Provisions, Article III, Violations and Penalties, § 1-19.
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.
A. 
Enforcing officer. The Public Works Director is responsible for the administration and enforcement of this chapter.
B. 
Duties of enforcing officer, generally. It shall be the duty of the Director of Public Works to oversee the handling and collection of all solid waste in the City and disposal or processing of the solid waste. He shall have the authority to enforce this chapter and to adopt regulations to implement this chapter.
C. 
Specific duties of Public Works Director. The Public Works Director shall:
(1) 
Monitor compliance with the terms of any applicable contract, and monitor compliance with the terms of this chapter;
(2) 
Hear and decide complaints brought by a person concerning another person's compliance with the terms of this chapter;
(3) 
Notify persons whose containers are not in conformity with the requirements set forth in this chapter;
(4) 
Approve the locations of and need for all containers;
(5) 
Notify persons if unsanitary conditions exist, according to the provisions of this chapter;
(6) 
Resolve disputes regarding placements of solid waste receptacles, according to the provisions of this chapter; and
(7) 
Order additional commercial pickups, if unsanitary conditions exist.
D. 
Appeals of decisions of Public Works Director. Any person aggrieved by a decision of the Public Works Director may appeal first to the City Manager, and if the matter is not resolved, then to the City Council, by filing a written appeal with the Municipal Clerk within five days of the Public Works Director's decision. The Municipal 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.
A. 
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.
B. 
No person other than the City or an 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 such solid waste, provided 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. Such person shall deposit such solid waste in an authorized landfill site or transfer station.
C. 
Notwithstanding the terms of this section, all persons shall arrange for regular residential or commercial solid waste collection with the City, per the terms of this chapter, and shall pay for such service, per the terms of this chapter.
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 assigned receptacles or containers as specified in Article II of this chapter.
C. 
No person shall allow any material to accumulate in or around a minimum of a twenty-foot clear space around the circumference of a fire hydrant.
A. 
If a person served by the City has a grievance, that person shall file a written complaint with the City Manager. The City Manager 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. The City Manager shall hear the evidence and grant the appropriate relief, including ordering the City to change its practices, ordering adjustment of amounts paid to the City, or any other remedy that is appropriate.
B. 
Persons shall not withhold payments owed to the City. Failure to pay appropriate statements or to bring current a delinquent account will entitle the City to pursue its legal remedies under the applicable laws.
The City shall provide for suitable equipment and personnel sufficient to collect solid waste within the City and shall provide by contract for adequate areas for the disposal of solid waste. To achieve such purposes, the City Council may enter into contracts for the transportation and disposal of solid waste.
A. 
Container required; maintenance required. Every person owning, leasing, or occupying a residence or unit of a residence within the City shall provide or cause to be provided on his premises one or more of the following types of solid waste containers in sufficient number to contain all solid waste accumulated by such person between collections. Such containers shall meet the following specifications and be maintained as required:
(1) 
Containers shall be provided by the City without exception.
(2) 
The container supplied by the City shall remain the property and responsibility of the City.
(3) 
Containers shall be maintained in mechanically sound condition by the City.
(4) 
The City shall be entitled to seek restitution from responsible third parties for all maintenance, repairs or loss occasioned by the negligent or intentional acts of third parties.
(5) 
The combined weight of the containers and contents shall not exceed 100 pounds.
(6) 
A second container may be purchased directly from the City for actual cost, plus handling costs of 15%. Maintenance and repair on purchased receptacles shall be the responsibility of the owner.
B. 
Collection regulations. Residential collection regulations are as follows:
(1) 
Containers shall be only loaded with bagged garbage and in such a manner as they will self-empty when inverted.
(2) 
Solid waste that is too long or bulky to be placed in the containers required by this article 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 four 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. Such bundles shall be placed adjacent to containers for collection.
(3) 
The owner, occupant, tenant, or lessee of each premises shall store the containers in such a manner as to keep the containers from being overturned or upset and scattered in any manner.
(4) 
Upon 10 days' written notice by registered or certified mail, return receipt requested, the Department may advise a customer of a violation of this section and order corrective action as appropriate.
C. 
Collection times, locations and frequency; fees. Collection times, locations and frequency shall be as follows:
(1) 
Times and location. All residential containers, other than of a qualified physically disabled resident, shall be placed out 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 Department. Residential containers shall be placed as close to the back of the front curb as possible without causing interference with pedestrian or vehicular traffic or fire hydrants. Containers shall be clearly visible and accessible to collection employees and free 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.
(2) 
Frequency. Solid waste from all residential premises shall be collected and disposed of once each week.
(3) 
Fees. The fees for residential containers include the fees for collections, disposal and plastic bags, as supplied by the City. The actual fee assessed will be $9.95 per month, plus applicable taxes and fees.
A. 
Receptacles. Each owner or occupant of a residence shall be provided with a supply of plastic bags in which to place his garbage. However, when his supply is exhausted, the owner or occupant shall provide his own plastic bags for the collection of his garbage.
B. 
Location of garbage receptacles. Location of garbage receptacles shall be as follows:
(1) 
All garbage receptacles shall be kept in an enclosure until 6:00 a.m. of the day designated as the day for collection, after which time the owner or occupant shall place such receptacles upon his property where they are readily accessible for removing but not within the limits of any street or alley within the City, unless by direction of the Public Works Department.
(2) 
Such receptacles shall not be placed anywhere so as to constitute a nuisance.
(3) 
In all cases of disputes or complaints arising from or concerning the types of receptacles or the place where the receptacles shall be placed while awaiting their removal, the Public Works Department shall make the final determination.
C. 
Term. This section shall expire when the containers specified in § 282-9 have been delivered to residential customers.
A. 
Container required; maintenance required. Commercial collection containers shall meet the following specifications and be maintained in the specified manner:
(1) 
It is the responsibility of the City to arrange for commercial containers which are compatible with the City's solid waste collection equipment. It is also the responsibility of the owner of the premises to contact the City concerning any relocation of a container, change of service, or change of business.
(2) 
Commercial or business establishments and multiple-family dwellings with more than four dwellings on a single site are required to have a commercial container unless granted an exemption by the Department. Such container shall be kept in a clean, neat, and sanitary condition at all times by the customer.
(3) 
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 Department may order a change in the size of the container or frequency of collections.
(4) 
The City shall collect all Type 1, 2 and 3 solid waste which is contained inside the approved receptacle to be serviced for that premises. The solid waste shall not exceed the receptacle capacity, and the container's lid must be closed when not in use. The owner shall not place any solid waste in any area other than the solid waste container.
(5) 
Maintenance. 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 City shall maintain, repair, or repaint a container upon the order of the Department. The City shall be entitled to seek restitution from responsible third parties for all maintenance, repairs or loss occasioned by the negligent or intentional acts of third parties.
B. 
Criteria for the placement of containers. Criterion for the placement of containers shall be as follows:
(1) 
The container shall at all times be located in such a manner as to be readily accessible for removing and emptying. Criteria for placement shall include consideration of accessibility to the container by the City and safety.
(2) 
No commercial container shall be placed on any premises zoned R-1 or R-6, street, or alley without prior approval of the Department.
(3) 
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, including a legal description, 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.
(4) 
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 of Subsection B of this section.
(5) 
The Department may require alternative locations or enclosure design.
(6) 
In cases of disputes or complaints arising from or concerning the placement of a container, the Department shall designate the location of such containers, taking into consideration, among other things, convenience to collection crews, convenience to customers, and hazardous conditions such as electrical wires.
C. 
Collection times; container size; frequency of collection; fees. Times of collection, size of containers, frequency of collection and fees shall be as follows:
(1) 
Times. Commercial containers shall be serviced between the hours of 4:00 a.m. and 8:00 p.m. on the regularly scheduled pickup days.
(2) 
Frequency. It shall be the responsibility of the City 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 Department, 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 Department 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 10 days after the mailing or hand delivery of such notice, the premises are not being maintained in a sanitary manner, the user shall be in violation of this article and shall be subject to the penalties provided in this chapter.
(3) 
Fees. The fees for commercial containers include the fees for collection and the container supplied by the City. The actual fee for a commercial container is $3.75 per cubic yard (average) per pickup, per week, plus applicable taxes and fees. The minimum commercial fee is $22 per consumer, per month.
(4) 
Sharing containers. Commercial businesses that do not warrant three-yard containers or larger, when determined by the Department, will be allowed to share a one-and-one-half- or three-yard container. Fees will be based on a proration of commercial charge and assessed accordingly. In the event of a conflict, the proration shall be as determined by the Public Works Director and the City Manager.
A. 
The City shall construct, operate and maintain no fewer than two transfer stations. One transfer station will be located on the east side at El Llano; the other transfer station will be on the West Side at the Johnnie A. Roybal Industrial Park. Transfer stations will be open for public use no more than five days per week, Wednesday through Sunday, from 9:00 a.m. until 4:00 p.m. These five days, or the time schedule, may be changed at the discretion of the Department.
B. 
Fees and disposal types of solid waste for the private use of the transfer station are listed in § 282-19. Transfer stations shall be closed on the designated holidays listed in § 282-15.
A. 
Burning. It shall be unlawful to burn solid waste of any nature within the City. Tumbleweeds may be burned with the permission of the State Environmental Department, subject to the conditions set forth by that department.
B. 
Construction debris. Construction debris shall be subject to the following regulations:
(1) 
All construction sites shall have a method of containment 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 Department.
(2) 
The producer of construction debris shall arrange with the City for its collection and removal, except that the person may personally collect such debris and transport it to the designated transfer station. 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.
C. 
Flammable or explosive materials. It shall be unlawful to place flammable or explosive materials in residential or commercial containers. The producers of such materials shall provide a method of disposal which meets with current state solid waste regulations.
D. 
Hot ashes and other combustible material. It shall be unlawful to deposit hot ashes, cinders, smoldering coals, or greasy or oily substances liable to spontaneous ignition into any combustible receptacle or place the same within 10 feet of any combustible materials, except in metal or noncombustible receptacles. For at least 48 hours prior to the scheduled time of collection, ashes or cinders shall be cooled and shall be placed at the collection point in disposable containers.
E. 
Infectious waste. It shall be unlawful to place in any container for regular collection any infectious waste or an item that has come in contact with infectious waste.
F. 
Special and hazardous waste. 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.
A. 
Solid waste shall be divided into the following categories:
(1) 
Type 1: waste resulting from the handling, preparation, cooking and consumption of foods, tin cans, glass and crockery.
(2) 
Type 2: ashes, paper, dirt, floor sweepings.
(3) 
Type 3: cardboard in lots of sufficient size to be compacted and bundled.
(4) 
Type 4: yard waste, including, but not limited to, tree branches and other parts of trees, leaves, grass clippings and plant material.
(5) 
Type 5: animal carcasses.
(6) 
Type 6: construction rubble, consisting of dirt, asphalt, concrete and automobile and truck tires.
(7) 
Type 7: automobiles or large parts of automobiles, and white goods, including large appliances such as stoves, washing machines, dryers and refrigerators.
B. 
The east side and west side transfer stations shall only receive Types 1 and 2 garbage in enclosed plastic bags. In addition, the east side transfer station will also receive Types 3, 4 and 6 solid waste when placed by the customer in areas designated by the transfer station attendant.
C. 
The City will not accept Types 5 and 7 solid waste or infectious or hazardous waste, which shall be disposed of by the owner of such wastes in accordance with applicable state and/or federal regulations.
The City shall observe the following holidays as noncollection days: New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving, and Christmas. Collection shall occur on an alternate day approved by the Department. Commercial collections on such holidays shall be performed on the day either prior to or after the holiday at the option of the City.
A. 
The City may remove or order the removal of 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 Department.
(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 such removal of solid waste, the City shall bill the person the charge allowed under this article for such removal. Failure to pay the charge is a violation of this article.
A. 
It shall be the duty of the owner or occupant to remove refuse from an adjacent right-of-way. It shall be unlawful for any person to place, or permit another to place, any garbage or trash in any receptacle, at any refuse collection point, or in any refuse container used in the City container collection service unless the refuse is from the premises served by the container or from the premises at which the receptacle or collection point is located.
B. 
City service containers at several points in City areas are provided for refuse from apartment house areas, businesses, and institutions within the City boundaries, and refuse from outside the City boundaries shall not be placed in the City service containers.
C. 
It shall be unlawful for any person to place or deposit, or permit another to place or deposit, prohibited refuse in City service containers or to place anything on the ground at these locations.
D. 
The owner or occupant of any building, house, structure or land shall cause to be removed all refuse items of the nature which are prohibited to the regular collection service, and which are located, owned or deposited on the property or on the public right-of-way adjacent to the property. The existence of refuse or any other item on the property or the adjacent public right-of-way shall be prima facie evidence that such owner or occupant failed to remove, as provided by this article, at his own expense the refuse or other items so stored or located thereon. Removal within three days of notice by the City is required.
E. 
It shall be unlawful to deposit any garbage on the public street, alleys or public ways except in proper receptacles or to deposit it on vacant lots or out of receptacles with the intent to avoid its collection under the terms of this article.
Each owner, manager, occupant, tenant or lessee of a house or building used for residential, business or commercial purposes shall maintain supervision and surveillance over the garbage or trash receptacles serving such premises, and if such receptacles are not emptied and the contents removed by an employee of the City or other duly authorized person for a period of five days, he shall notify the Department of the fact within five days.
A. 
Deposit for cart replacement. A fee of $0.50 per month will be assessed to each residential customer and deposited in an equipment replacement and repair fund.
B. 
Deposit for dumpster replacement. A fee of $1 per month will be assessed to each commercial customer and deposited into an equipment replacement and repair fund.
C. 
Equipment replacement and repair fund. The equipment replacement and repair fund shall be a revolving fund to be used only for the purpose of equipment replacement and repair, and no balance of such fund shall revert to the general fund at the end of any fiscal year.
D. 
Private use of transfer stations.
(1) 
The following user fee schedule shall apply:
Type/Amount of Waste
Fee
1/2 ton and under
$5
1/2 to 3/4 ton
$10
3/4 to 1 ton
$15
1 ton and over
$20 per ton
Green waste, per ton
$6 minimum
Construction rubble
$15 per ton
Tires
$5 minimum; $25 per ton
(2) 
Residential customers of the City may use the transfer stations, at no cost, for disposal of Types 1, 2, 3, 4, and 6 solid waste a maximum of four times per month upon presentation of a current paid solid waste bill, provided that such disposal is made in vehicles no larger than a three-quarter-ton pickup or equivalent size trailer.
A. 
On or before August 1 of each year, the City Clerk shall send notice to every person still owing garbage assessments billed the previous fiscal year. Each notice shall state the assessment and penalty amounts owed and shall provide notice that a lien in the amounts owed shall be placed on the property if payment is not received by September 1. On or before September 10 of each year, the City Clerk shall prepare an assessment roll showing all delinquent assessments billed in the previous fiscal year. The assessment roll shall list, in columns:
(1) 
The name of the owner, if known, of the parcel of real estate being assessed;
(2) 
A description of the parcel of real estate being assessed;
(3) 
The amount assessed against each parcel of real estate; and
(4) 
A description, in general terms, of the removal and what was removed from the real estate being assessed.
B. 
The City Clerk shall publish notice stating that the assessment roll for delinquent garbage collection charges due is on file in the office of the City Clerk and the time and place when the City Council 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.
C. 
At the protest hearing required in this section, any interested person may protest to the City Council:
(1) 
The regularity of the proceedings;
(2) 
The amount assessed against the real estate; or
(3) 
The correctness of the amount of the assessment.
D. 
The City Council shall (1) determine the regularity of the proceedings; (2) correct any errors found in the assessment; and (3) by resolution, confirm the proceedings and the assessments. The proceedings and assessments so confirmed shall be deemed to be the final determination as to the regularity, validity and correctness of the assessment.
E. 
On or before October 1 of each year, the City Clerk shall certify to the City Council a list containing any delinquent assessment with penalty added for nonpayment of the assessment at the rate of 1% per month of any assessment confirmed by resolution as provided in Subsection D of this section, and describe the parcel of real estate to which the assessment is applicable. After the certified list is accepted by the City Council, the assessment shall be a lien, when processed against the parcel of real estate and shall be processed as provided in NMSA 1978 §§ 3-36-1 through 3-36-5. Any such lien shall be a lien superior to all other liens except general property taxes upon the property so charged and a personal liability of the owner of the property so charged and shall bear interest at the rate of 1% per month.
A. 
Within 60 days from the date of the filing for record of the claim for lien, the City Clerk shall mail to each delinquent property owner, as shown by his records and addressed to such owner at the same address for the mailing of statement, a notice of delinquency, notifying such owner that a claim of lien on the property affected has been filed, of the amount required to secure the release thereof and that the lien may be foreclosed as provided in NMSA 1978 § 3-36-4 or 3-36-5.
B. 
There shall be assessed by the City a fee of $15 for the processing of a release of lien for delinquent service fees. The lien processing fee shall be added to the delinquent service fees. The lien processing fee shall be added to the balance due the City and shall be treated as a fee due the City. This charge shall be collected whether release is sought prior to or after the commencement of the foreclosure proceedings to enforce the lien for delinquent garbage assessments.
C. 
If a suit to foreclose the lien has been instituted, such suit shall be dismissed at any time before foreclosure sale upon receipt of all fees, penalties and interest provided for in this article, in addition to payment of all costs of the foreclosure proceeding attributable to the property sought to be released, including reasonable attorney's fees to be fixed by the court in which such foreclosure proceeding has been instituted.
A. 
Every person owning, occupying, or controlling real property or premises within the City upon which solid waste is generated or accumulated shall make arrangements with the City for the collection of solid waste per the terms of this article. Such persons shall pay to the City the fees established and set forth in this article, whether or not the solid waste collection service is actually used. Failure to comply is a violation of this article, in accordance with NMSA 1978, Ch. 3, Art. 48 (NMSA 1978 § 3-48-1 et seq.), as amended. Charges are delinquent if overdue for 15 days or more.
B. 
Vacated premises shall continue to receive charges unless the owner or agent of such premises makes an application in writing to the City stating the date of vacated premises and expected date of reoccupancy. Charges may not be stopped until such application is made or the City 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. Premises vacated for less than one month will not receive a credit. Any person making a false statement upon any application or request pursuant to this article shall be guilty of a violation of this article.
C. 
All charges shall be payable to the City and will become delinquent 15 days after the close of the month's service. A delinquent fee of 10% per mailing shall be imposed for each month a person is delinquent to offset delinquent billing notification.