[HISTORY: Adopted by the Mayor and Council of the Village
of Bosque Farms as Sec. 9-1 of the 1980 Code, as amended 10-21-2010. Subsequent
amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Sec. 7-3.
This Section 9-1 shall be known as the "Solid Waste Ordinance."
The purpose of this Section 9-1 is to preserve the health, safety,
comfort and convenience of the inhabitants of the Village and to preserve,
protect and improve the environmental quality of the Village.
For the purpose of this Section 9-1, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning:
The residue from burning of wood, coal, coke or other combustible
materials.[1]
All structures, other than residences, together with the
surrounding premises, in which any person produces or generates solid
waste.
The person to whom the Village has granted an exclusive franchise
to collect all solid waste within the Village.
Putrescent animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Solid waste that is deemed hazardous under federal statutes,
rules or regulations.[2]
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 New Mexico
Solid Waste Management Regulations.
Any individual, firm, partnership, corporation, cooperative,
association or any other entity owning, operating, controlling or
inhabiting any house, residence, shop, establishment or other premises
with the corporate limits of the Village.
Any property within the Village 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 Village limits
where solid waste accumulates.
Solid waste collected from single-family residential homes.
A home, trailer, mobile home, or other freestanding structure
used or capable of use as a human habitation, together with the surrounding
premises, in which any person produces or generates solid waste; a
single-family residence may include a guesthouse and other outbuildings
on the same premises that are not continuously inhabited.
The Village Clerk/Administrator or his or her designee, and
is the person responsible for the administration and enforcement of
this Section 9-1.
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 does not
include those items excluded as a solid waste by the Solid Waste Management
Regulations adopted by the Environmental Improvement Board of the
State of New Mexico.
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 the New Mexico Solid Waste
Management Regulations.
[1]
Editor's Note: The definition of "code enforcement officer,"
which immediately followed this definition, was repealed at time of
adoption of Code (see Section 1-1).
[2]
Editor's Note: The definition of "infectious waste," which
immediately followed this definition, was repealed at time of adoption
of Code (see Section 1-1).
A.
The Sanitation Officer is responsible for the administration and
enforcement of this Section 9-1.
B.
It shall be the duty of the Sanitation Officer to oversee the handling
and collection of all solid waste in the Village and disposal thereof.
He/She shall have the authority to enforce this Section 9-1 and to
adopt regulations to implement this Section 9-1.
C.
The Sanitation Officer shall monitor all franchisees' compliance
with the terms of the franchise and monitor compliance with the terms
of this Section 9-1.
D.
The Sanitation Officer shall hear and decide complaints brought by the franchisee or persons served by the franchisee concerning the franchisee's or person's compliance with the terms of any applicable franchise or the terms of this Section 9-1, subject to the rights of appeal set forth in § 9-1-18.
E.
The Sanitation Officer shall notify persons whose containers are
not in conformity with the requirements set forth in this Section
9-1.
No person shall allow any solid waste to accumulate upon premises
or real property owned, leased or occupied by him during intervals
between collections thereof, except in the manner provided by this
Section 9-1.
[1]
Editor's Note: Amended at time of adoption of Code (see Section
1-1).
A.
The Village shall provide and maintain suitable equipment and personnel
sufficient to collect solid waste within the Village and shall provide
adequate areas for the disposal of solid waste. To achieve those purposes,
the governing body may enter into an exclusive franchise for the collection
and disposal of solid waste, including residential, commercial, and
any other types of solid waste.
B.
At the end of a franchise term and renewal term, the Village may
elect not to renegotiate or renew the franchise. In order to provide
collection and disposal after the franchise term has expired, the
Village may:
C.
Every person owning or controlling an occupied residence or commercial
establishment within the Village is required to arrange for and receive
the solid waste collection service provided by the franchised collector
and to pay the solid waste collection fee established by the Village.
Fees shall be billed by the franchised collector. The franchised collector
shall have exclusive rights to all roll-off work, including construction
debris.
A.
Residential collections.
(1)
Residential container required; maintenance required. Every person
owning, leasing, or occupying a single-family residence within the
Village shall provide or cause to be provided on his premises mechanically
handled containers obtained from the Village's authorized franchised
solid waste collector.
(2)
Mechanically handled containers provided by the franchisee shall
remain the property and responsibility of the franchisee. Containers
shall be maintained in mechanically sound condition by the franchisee.
(3)
The franchisee shall be entitled to seek restitution from third parties
for all maintenance, repairs or loss occasioned by the negligent or
intentional acts of such responsible third parties.
(4)
The combined weights of the containers and contents shall not exceed
150 pounds when placed for collection.
(5)
Containers will be loaded by residents in such a manner that they
will self-empty when inverted.
(6)
Containers placed for collection by residents shall be placed roadside
with lids closed. Any container deemed to be overloaded, which would
cause spillage in the process of loading into the truck, will not
be serviced.
(7)
The owner, occupant, tenant or lessee of each premises shall store
the containers in such a manner as to keep the container from being
overturned or upset and scattered in any manner.
(8)
Times and location. All residential containers, other than at the
premises of 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 Village,
all collections made by the franchisee for other than a qualified
physically disabled resident shall be made at roadside 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 of clearance from any obstructions, including
but not limited to trees, shrubbery, walls, fences and vehicles. If
more than one container is being used by a resident, there should
be a three-foot clearance between each container placed out for collection.
All emptied containers shall be removed from the road area by 12:00
midnight of the collection day.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Section
1-1).
(9)
Frequency. Solid waste from all residential premises shall be collected
and disposed of once per week. Collection will start no earlier than
7:00 a.m. of the collection day.
(10)
Reloading. A resident may request service of a reloaded container,
at an additional charge.
(11)
Seasonal additional volumes. A resident may utilize an additional
cart checked out from Village Hall, at an additional charge.
B.
Commercial collection.
(1)
It is the responsibility of the owner of the premises to arrange
for commercial containers with the franchisee. It is also the responsibility
of the owner of the premises to contact the solid waste franchisee
concerning any relocation of container, change of service or change
of business.
(2)
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, by the owner of the premises,
in a clean, neat and sanitary condition at all times.
(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 multifamily dwelling. In cases of disputes
or disagreements concerning the appropriate size of a container or
the frequency of collection, the Sanitation Officer may order a change
in the size of the container or frequency of collections.
(4)
The franchised collector shall collect all solid waste, except special
or hazardous wastes, 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 in the solid waste container.
(5)
All solid waste receptacles shall be kept in a clean condition by
the user and kept in good condition by the franchisee. The franchisee
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 franchisee shall maintain, repair or repaint a container
upon the order of the Sanitation Officer. The franchisee shall be
entitled to seek restitution from third parties for all maintenance,
repairs or loss occasioned by the negligent or intentional acts of the
responsible third parties.
(6)
The commercial container shall at all times be located in a manner so
as to be readily accessible for removing and emptying. Criteria for
placement shall include consideration of accessibility to the container
by the collection vehicle and safety. 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, safety in providing the service, convenience to
the customers, convenience to collection crews, and hazardous conditions
such as electrical wires.
(7)
No commercial container shall be placed on any premises zoned R-1,
street or alley without prior approval of the Sanitation Officer.
(8)
Collection 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.
(9)
Container size and frequency of service. It shall be the responsibility
of the franchisee 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 hand delivered to the user. The notice shall state if the
Sanitation 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 10 days after mailing or delivery of
the notice the premises are not being maintained in a sanitary manner,
the user shall be in violation of this Section 9-1 and shall be subject
to citation.
(10)
Fees for commercial containers.
(a)
The fees for commercial collection include collection and disposal.
(b)
For commercial, business, other nonresidential establishments
or premises where a commercial container is used to serve two or more
establishments, the fees provided may be prorated. In the event of
a conflict, the pro-ration shall be as determined by the Sanitation
Officer.
C.
Construction debris.
(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 Sanitation Officer.
(2)
The producer of construction debris shall arrange with the franchisee
for its collection and removal, except that the producer may personally
collect the debris and transport it 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. No third-party contractor may
be used other than the franchised collector for the Village.
(3)
Any commercial roll-off container placed in the Village limits, other
than that of the franchised solid waste collector, may be confiscated
by the Village with the approval of the Sanitation Officer.
A.
Flammable or explosive materials. Highly flammable or explosive materials
shall not be placed in residential or commercial containers. The producers
of such solid waste shall provide a disposal plan for approval by
the Village.
B.
Hot ashes; other combustible material. No person shall deposit the following
materials into a solid waste receptacle for collection: hot ashes,
cinders, or smoldering coals likely to ignite other materials unless
the hot ashes, cinders, or smoldering coals have been cooled for at
least 72 hours prior to the time of scheduled collection. No other
oily, greasy materials or combustible substances may be placed in
a collection container unless they have been placed into the waste
receptacle in a metal or other noncombustible container.
C.
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 Village to an approved site at the owner's or producer's
expense. Upon request of the generator and for a fee, the contractor
shall remove and transport special or hazardous waste to an appropriately
approved facility.
Any person in possession, charge or control of any carrion or
dead animal or who owns, controls or occupies any premises upon which
the same may be located shall cause the same to be removed and disposed
of. No dead animal shall be placed in a solid waste receptacle.
It is unlawful to disturb or scatter solid waste or the contents
of a solid waste receptacle.
It is unlawful for any person to burn or bury any solid waste,
except nothing in this section shall be construed to prohibit:
It is unlawful to throw, place or deposit waste in or upon any
street, alley, sidewalk, gutter, public thoroughfare, driveway or
any occupied or unoccupied premises within the Village, except in
those places and in the manner specified in this Section 9-1.
[1]
Editor's Note: Amended at time of adoption of Code (see Section
1-1).
Solid waste shall be collected and disposed of only by the franchised
collector, except that:
A.
Construction debris may be collected and hauled from the premises
involved by those engaged in construction, remodeling or demolition.
No third-party hauler may collect and haul except for the franchised
collector.
B.
Tree and yard trimmings accumulated by persons engaged in the business
of gardening or landscaping may be collected and hauled from the premises
where such trimmings have accumulated.
C.
The owner, occupant, or person in control of commercial establishments
may haul occasional loads of excess solid waste.
D.
The owner, occupant, or person in control of a residence may haul
occasional loads of excess solid waste.
E.
Clean sawdust, rotted manure for fertilizer or farm debris may be
collected and hauled by any person.
If any person shall permit any solid waste to be thrown, left, or deposited in or upon real property owned or controlled by such person, other than in proper solid waste receptacles as provided in § 9-1-5, and fails to remove the solid waste or to place it in proper solid waste receptacles within 48 hours after the solid waste is deposited, the Village Mayor or the Village Clerk may order the franchised collector to remove the solid waste from the real property and to bill the person owning or controlling the property from which the solid waste is removed the actual cost of the removal or a reasonable fee per half hour, whichever is greater. A separate assessment shall be made for each such removal.
It is unlawful to dump refuse at any place except at the designated
landfill unless specifically approved in writing by the Village.
A.
Collection rates for all classes and types of service shall be available
for inspection at the office of the Village Clerk and at the office
of the franchised contractor.
B.
Rates shall only be changed in the following manner:
(1)
Consumer price index (CPI) adjustments. Collection rates shall be
adjusted administratively, if requested by the contractor, On RESIDENTIAL,
commercial, roll-off and any other rates outlined in the rate sheets.
CPI adjustments will become effective August 1 in years in which a
request has been made. CPI increases shall be adjusted by 50% of the
amount of the National Consumer Price Index for All Urban Consumers
(CPI-U) for the preceding May-to-May period.
(2)
Petition for unusual or extraordinary costs. The franchisee may petition
the Village, at any time, for rate adjustments on the basis of unusual
changes in the costs of operations, such as future, revised or new
interpretations of laws, ordinances or regulations; changes in disposal
fees; differences in the cost of fuel; changes in the scope of services;
redirection of solid waste, by the Village, to an alternative site;
increases in the costs of licenses, permits and Village taxes; or
for other good reasons. The Village 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 Village shall not unreasonably withhold
approval of a rate adjustment pursuant to this section. The Village
shall conclude all action regarding the franchisee's request
within 60 calendar days from the receipt of a petition. Failure to
conclude action with 60 calendar days from the receipt of the petition
may be deemed by the franchisee as approval of the franchisee's
petition.[1]
[1]
Editor's Note: Former Subsection C, Franchise fee, which immediately
followed this subsection, was repealed at time of adoption of Code
(see Section 1-1).
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 and payment purposes. Owners of property shall be responsible for any unpaid bills left by tenants. Such persons shall pay to the franchisee the fees established and set forth by the Village, whether or not the solid waste collection service is actually used. Failure to comply is a violation of this Section 9-1, in accordance with NMSA 1978, §§ 3-48-1 through 3-48-7, as amended. Failure to pay solid waste collection charges is punishable under § 9-1-20.
B.
If any person owning or controlling real property fails or refuses
to pay the fees chargeable to such person for solid waste collection,
the amount of such unpaid fees may be made an assessment against the
real property from which the solid waste is collected or removed.
The franchised collector may seek penalties including, but not limited
to, court proceedings or lien foreclosures as provided by state law.
C.
If any customer fails to pay the quarterly bill within 45 days after
the bill has been mailed, the franchised collector may send no more
than two collection letters per month and may add a charge per mailing
to cover the expense of postage and handling as follows:
(1)
Residential account: $1 per mailing, plus a late fee of $5 per month
per container for each month the account is past due.
(2)
Commercial account: a penalty of 1.25% of the outstanding bill that
is 30 days or more in arrears, with a minimum of $10, plus $5 per
month per container for each month the account is past due.
D.
The franchised collector shall notify the Village in writing of any
account/customer delinquent over 45 days; and the Village shall issue
a written warning to the customer that the service may be temporarily
suspended if the account is not promptly made current, and appropriate
legal action may be taken as provided herein.
E.
In addition to its other rights and remedies, the franchised collector
may bring civil suit against the debtor in any court of competent
jurisdiction.
F.
Vacated premises shall continue to receive charges unless the owner
or agent of such premises makes an application in writing to the franchised
collector stating the date of vacated premises and expected date of
reoccupancy. The collector may not stop charges until such application
is made or the collector 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 two weeks will not receive a credit.
Any person making a false statement upon any application or request
pursuant to this Section 9-1 shall be guilty of a violation of this
Section 9-1.
A.
If a person served by a franchised collector has a grievance, that
person shall file a written complaint with the Sanitation Officer.
The Sanitation Officer shall notify the collector of the complaint
and give the collector 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. The Sanitation Officer
shall hear the evidence and grant the appropriate relief, including
ordering the collector to change its practices, ordering adjustment
of amounts paid to the collector or any other remedy that is appropriate.
B.
Any person dissatisfied with the decision of the Sanitation Officer
may, within 10 days of the adverse decision, notify the Village Clerk/Administrator
of his or her intent to appeal the decision of the Sanitation Officer.
The appeal will be to the Village Council, which shall hear the appeal
at a time set in its discretion. The decision of the Village Council
shall be final.
C.
Persons shall not withhold payment owed to the franchised collector.
D.
Failure of a person to pay appropriate statements or to bring current
his or her delinquent account will entitle the franchisee to pursue
its legal remedies either under the franchise agreement or as afforded
by applicable laws.
A.
The Village may remove or order its franchisee to remove any solid
waste from any real property or any premises if:
(1)
Any person owning, occupying or controlling real property or premises
allow 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
Village.
B.
After the removal of solid waste, the franchisee shall bill the person
the charge allowed under this Section 9-1 for the removal. Failure
to pay the charge is a violation of this Section 9-1.
Violation of this Section 9-1 is a petty misdemeanor unless
otherwise provided for by state or federal law, and upon conviction
thereof shall be subject to the penalty provisions set forth in the
Village ordinances regarding petty misdemeanors.[1] Each instance this Section 9-1 is violated shall be considered
a separate offense.
[1]
Editor's Note: See Sec. 1-3, Enforcement and Penalties.
