[HISTORY: Adopted by the Board of County Commissioners of
Otero County 4-15-2003 by Ord.
No. 03-09[1] and amended 11-14-2013 by Ord. No. 13-05. Amendments noted where
applicable.]
GENERAL REFERENCES
Open burning — See Ch. 111.
Disposal of tires — See Ch. 210.
Junked vehicles — See Ch. 220.
STATE LAW REFERENCES
Counties; powers; ordinances — See NMSA 1978,
§ 4-37-1 et seq.
Authority of Board of County Commissioners to administer — See
NMSA 1978, § 4-56-3.
Highway Beautification Act — See NMSA 1978,
§ 67-12-1 et seq.
Hazardous Waste Act — See NMSA 1978, § 74-4-1
et seq.
[1]
Editor's Note: This ordinance was originally marked as Ord.
No. 91-04 but was redesignated by the County as Ord. No. 03-09 to
fit the ordinance numbering for the year in which it was adopted.
This chapter shall be known and cited as the "Otero County Solid
Waste Ordinance."
A.
The Board of County Commissioners has determined, pursuant to NMSA
1978, § 4-37-1 et seq., and NMSA 1978, § 4-56-3(C),
that it is in the interest of public health, safety, and welfare that
the subject matter of this chapter be regulated as provided herein.
B.
The purpose of this chapter is to preserve and protect the health,
safety, and quality of life of the inhabitants of Otero County and
to preserve and improve the environmental quality of the County.
For the purpose of this chapter, the following terms, phrases,
words and their derivatives shall have the meanings stated herein:
To gather or collect into a mound, heap, mass, or coverage;
forming a steadily increasing quantity.
Includes any canyon, draw or wash or any other earthen channel
with visible evidence of the occasional flow of water.
Fire residue of any kind, including, but not limited to,
fireplace ashes, barbecue grill briquettes, wood chips, wood stove
ashes, campfire ashes, hot waste or other material susceptible to
spontaneous combustion.
Materials generally considered water-insoluble and nonhazardous
in nature, including, but not limited to, steel, glass, brick, concrete,
asphalt, roofing materials, pipe, gypsum wallboard, and lumber from
the construction or destruction of a structure, and includes rocks,
soil, tree remains, trees, and other vegetative matter that normally
results from land clearing. If such debris is mixed with any other
type of solid waste, it loses its classification as construction and
demolition debris.
The chief administrative assistant to the Board of County
Commissioners of Otero County.
All waste building material, including, but not limited to,
bricks, concrete blocks, shingles, roofing material, lumber, pipe,
commercial construction wastes, and any other matter that is commonly
known as "debris."
Any motor vehicle or trailer from which some parts or parts
which are ordinarily a component thereof have been removed or are
missing.
The relatively flat area or low land adjoining the channel
of a watercourse or a body of standing water which has been or may
be covered by floodwaters, and which has a one-percent chance of occurring
in a given number of years, the limits of which are shown on a National
Flood Insurance Program (NFIP) Flood Insurance Rate Map (FIRM).
Includes all waste food, swill, carrion, slops, and all waste
from the preparation, cooking and consumption of food and from the
handling, storage and sale of food products and the carcasses of animals.
Interstitial water which occurs in saturated earth material
and which is capable of entering a well in sufficient amounts to be
utilized as a water supply.
Any person who collects refuse or debris from any property
not owned by that person.
A motor vehicle from or on which the engine or motor, the
transmission or transaxle, drive shaft, differential, steering mechanism,
axles, wheels, body, doors, windshield, headlights, taillights, or
any other part of the vehicle is removed, damaged, wrecked, partially
dismantled, or in such a state of disrepair that the vehicle cannot
be either moved under its own power, driven, licensed or operated
on a public road, street, highway, or any other public thoroughfare.
A facility designed for the disposal of refuse and solid
waste permitted in accordance with EID Regulation EID/SWMR-2 and this
chapter.
Any quantity of improperly discarded solid waste, decaying
or nondecaying solid or semisolid waste, including but not limited
to discarded furniture and appliances, overflowing residential and
commercial trash cans, construction debris, uncontainerized paper
such as fast-food packages, candy wrappers, cigarette butts, and/or
plastic, glass, trash, debris, rubbish, refuse, garbage, or junk parts
and scrap materials found in public areas or generated while traveling
in a motor vehicle.
Any wheeled vehicle which is self-propelled or intended to
be self-propelled.
Any individual, partnership, company, corporation, firm,
association, trust, estate, state and federal agency, government instrumentality
or agency, institution, county, city, town, village, or municipality
or other legal entity, however organized.
Any land owned by the community or open to common use, such
as streets, roads, sidewalks, alleys, arroyos, or other public ways,
and any and all public parks, spaces, grounds, and buildings.
Includes garbage and rubbish.
Includes, but is not limited to, all dismantled or partially
dismantled motor vehicles, inoperable motor vehicles, dismantled or
partially dismantled mobile homes or trailers, waste paper, metal,
paper cartons, cardboard, tree branches, yard waste, wood, glass,
plastic, discarded furniture, signs, and appliances or parts thereof,
tin cans, dirt, ashes, bottles, liquid petroleum waste, such as motor
oil and similar items, and all other unwholesome material of every
kind, not including garbage.
Means, but is not limited to, any garbage, litter, refuse,
debris, rubbish, yard waste, appliances, inoperable vehicles, construction
and demolition debris, or other discarded material originating from
residential, industrial, or commercial sources.
The surface in unconfined groundwater at which the pressure
is atmospheric and which is defined by the levels at which water stands
in wells that penetrate the water just far enough to hold standing
water.
All rank, noxious, poisonous, harmful, unhealthful, wild,
naturally occurring, without cultivation, vegetation or any growth
of any kind or nature whatsoever of an offensive or unsightly nature,
or which is deleterious to the health, safety and welfare of the public
and shall include, but is not limited to, the following:
A bored, drilled or driven shaft or a dug hole whose depth
is greater than the largest surface dimension of the hole.
Vegetative matter resulting from landscaping, land maintenance
and land-clearing operations.
A.
No person shall permit to accumulate upon premises owned, leased,
or occupied by him, within 200 feet of another property boundary or
public easement (prescriptive or otherwise), any refuse, solid waste,
or litter, unless stored in containers so as to prevent undue risk
to human health or the environment. All commercial properties located
adjacent to U.S. Highways 54, 70, and 82 and the Charlie Lee Memorial
Relief Route are hereby granted a one-year grace period from the effective
date of this chapter within which to come into compliance with the
requirements of this chapter. The provisions of this subsection shall
not apply to those commercial properties such as junkyards and automobile
graveyards as defined by the Highway Beautification Act, NMSA 1978,
§ 67-12-1 through 67-12-15, effective July 1, 1966, located
adjacent to US Highways 54, 70 and 82 and the Charlie Lee Memorial
Relief Route which qualified for exemption from the provisions of
the Highway Beautification Act on its effective date.
B.
No person shall throw, dump, or dispose of any refuse, solid waste,
or litter on any road, street, gutter, sidewalk, or alley; nor shall
any person set fire or cause or procure a fire to be set to any rubbish,
refuse, garbage, or solid waste unless in an incinerator which has
been approved by a state agency. No cans, cartons, wrappings containing
food or organic waste, hair, wool, rubber, plastic, or any other substance
which would create offensive, obnoxious or dangerous fumes or odors
shall be burned.
C.
No person in control of that property or that causes such action
shall cause or permit to remain upon any property, private or public,
any refuse, solid waste, or any composition of residue thereof which
is in an unsanitary condition or hazardous to public health.
D.
Subject to any limitations or otherwise provided by law, the Sheriff
or County Code Enforcement Officer is authorized to enforce this chapter.
(1)
If, upon the basis of such inspections, the Sheriff or County Code Enforcement Officer finds that any of Subsections A through C of this section have not been complied with or that a violation exists, he/she shall notify the person in charge of the premises (whether owner, tenant, lessee, manager, or other person), where the unlawful refuse, solid waste, or litter accumulations exist, to properly correct such conditions within a designated period of time from 10 days up to 30 days.
(2)
Upon the failure, neglect, or refusal of any person, owner, tenant,
lessee, manager, or occupant to properly correct any such conditions
as set forth herein within the time prescribed (or within five days
of the return of such prescribed notice undeliverable if the notice
is served by mail), the Otero County Board of Commissioners may contract
for the correction of unlawful accumulation or order its correction
by the County, at the expense of the person, owner, tenant, lessee,
manager, or occupant in charge of the property.
(3)
The cost for correction shall be a lien upon the property and shall
remain in full force and effect for the amount due plus interest at
the legal rate from the date of filing of the lien until paid, and
all other costs, including attorneys' fees. The lien shall be enforced
and foreclosed according to applicable state law.
E.
Costs for correction of unlawful accumulation of refuse, solid waste,
or litter shall be determined on the basis of man-worked hours, equipment
at a customary rental rate per day, plus any direct cost paid by the
County to correct the accumulation.
All solid waste generated within or brought into the County
is owned by and is the responsibility of the generator until such
time as the waste is deposited in a landfill or approved solid waste
facility or removed by a licensed private contractor, except where
state or federal requirements prohibit transfer of ownership. Any
person who removes solid waste from a property shall take ownership
of the waste until it is taken to a convenience center, transfer station,
or landfill.
Requirements for vehicles. Commercial producers of solid waste,
owners of premises upon which solid waste is accumulated, licensed
transporters of solid waste, or persons who desire to dispose of waste
material which is not included in the definition of "solid waste"
shall do so only in compliance with the provisions of this chapter.
Collection of solid waste shall be accomplished through the use of
a vehicle with a tightly secured cover. Such vehicles shall be operated
to prevent offensive odors escaping therefrom and solid waste from
being blown, dropped, or spilled.
A.
Dumping. No person shall discard solid waste, rubbish, or refuse
anywhere outdoors within the boundaries of the County except at a
time and place approved for collection of that person's solid waste
under the terms of this chapter and regulations authorized by said
sections or other provisions of this Code or ordinances of the County.
No person shall place solid waste in the solid waste receptacle of
another person, business or institution without permission.
B.
Unauthorized accumulation. It shall be unlawful to allow any solid
waste, rubbish, or refuse to collect or accumulate on any property
or other premises within the County. Any such unauthorized accumulation
is hereby declared to be a nuisance and is prohibited.
C.
Accumulation of construction and demolition debris. Debris resulting
from construction or demolition of structures may be collected within
an active construction site only if the solid waste is contained in
such a manner that it will not be carried or deposited by the elements
upon any road, sidewalk, parkway, sewer, ditch, arroyo, other public
place, vacant lot, private property, or into any premises within the
County.
D.
Illegal use of convenience centers. No person shall place solid waste,
rubbish, or refuse on the premises of an Otero County convenience
center or landfill except during the regular posted operating hours.
E.
Hazardous accumulations and conditions. It shall be unlawful for
any person to allow the following conditions to exist on any premises
he owns, rents or occupies:
(1)
The existence of three or more or any combination of nonoperational
motor scooters, motorcycles, cars, trucks, buses or other vehicles
regulated by the New Mexico Department of Motor Vehicles, unless the
vehicle owner, property owner, or property lessee can show substantial
progress in restoration or repairs to the nonoperational vehicle in
the last 30 days or purchase orders, invoices or estimates for repair
work to be done in the next 30 days; provided, however, that this
section shall have no application where:
(a)
A person is engaged in a New Mexico Department of Motor Vehicles
licensed vehicle dismantling business and any nonoperational vehicles
are enclosed by a fence of solid construction of wood, brick, metal,
or other similar materials, not less than seven feet in height above
the level of the ground and maintained in a sightly, safe and secure
condition; or
(b)
Any inoperable vehicles are not visible to the public from any
road or street abutting such property, or, if visible, any nonoperational
vehicles are enclosed by a fence of solid construction of wood, brick,
metal, or other similar materials, not less than seven feet in height
above the level of the ground and maintained in a sightly, safe, and
secure condition.
(2)
The existence of nonoperational refrigerators or freezers or any
other type of appliance, furniture, vehicle or other container that
has a space large enough for a person of any age to enter into with
a door, hatch, lid, or cover of any kind capable of closing or sealing
which could prevent the escape of any person, not within a licensed
sanitary landfill or a licensed commercial salvage business registered
with the State of New Mexico.
(3)
The existence of piles of rubbish, refuse, household trash, tires,
debris, grass, weeds, tree limbs, or any other type of material(s)
which are or may be susceptible to infestation by rodents, reptiles,
insects, or noxious weeds or any other type of animal or plant that
is or can be injurious to people, animals or the environment, not
within a licensed sanitary landfill or New Mexico Environment Department
or other regulatory agency regulated facility.
A.
Duty
of property owner. It shall be unlawful and a violation of this chapter
for the owner, agent, lessee or occupant of any lots, tracts, or parcels
of land within the County to allow weeds, bushes, deleterious, noxious
or unhealthful growths to lie, grow or be located thereon. Such prohibition
shall not apply to lands which are primarily agricultural in nature
or property that has never been developed (existing in natural conditions),
except that owners of such lands shall be required to keep weeds down
on property within 20 feet of any house, building, or any other adjoining
structure or improved property.
B.
Persons violating this chapter by discarding or disposing of solid
waste or debris on public or private property in any manner other
than disposing of it in an authorized landfill, convenience center,
or transfer station shall, upon conviction, be subject to a fine not
to exceed $1,000.
D.
Each violation shall constitute a separate offense. Each day an offense
continues shall also constitute a separate offense.
It is hereby declared to be the intention of the Board of County
Commissioners that the sections, paragraphs, sentences, clauses and
phrases of this chapter shall be deemed severable; and if any phrase,
clause, sentence, paragraph or section of this chapter is declared
unconstitutional or otherwise invalid by the valid judgment of a court
of competent jurisdiction, such unconstitutionality or invalidity
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs or sections hereof.
This chapter shall be recorded in a book kept for that purpose
and shall be authenticated by the signature of the County Clerk.
This chapter shall take effect 30 days after recording in the
public records of Otero County.
