There are hereby fixed, established, levied and assessed against all properties using or abutting on or accessible to the sanitary sewer and disposal system of the county for the service rendered or made available to the properties by and through the sanitary sewer and disposal system the following monthly charges:
(1) 
For each residential and nonresidential connection within the county water service area for which water consumption records are available, a fee as established in appendix A to this chapter;[1]
[1]
Editor’s note–Said appendix is included as an attachment to this chapter.
(2) 
For each residential and nonresidential connection within the county water service area for which there are no metered water use records for one or more of the months of the base period, a fee as established in appendix A to this chapter;
(3) 
In accordance with Gross Receipts and Compensating Tax Act, NMSA, section 7-9-1 et seq., a surcharge of up to 5% shall be imposed on each billing rendered in accordance with this section; and
(4) 
Fees for industrial and high strength wastes shall be as established in sections 52.85 through 52.94 and defined in appendix A to this chapter under the category of “extra-strength surcharge.”
(Ordinance 1998-16 adopted 12/8/98)
Fees are due within 30 days of receipt of each billing. Any assessment not paid by the date due shall become delinquent on that date. A penalty for delinquency shall be charged as indicated herein.
(Ordinance 1998-16 adopted 12/8/98 Penalty, see section 10.99)
For new connections to the county sanitary sewer system, the sewer service charge shall begin and be effective for the first full calendar month following the date of connection.
(Ordinance 1998-16 adopted 12/8/98)
(A) 
Waste discharges, including, but not limited to rags, solid waste and grease, proven to have caused an obstruction of flow and/or damage or any other impairment to the public sanitary sewer collection system or wastewater treatment plant, are unlawful. Obstructions of the public sewer caused by the discharges shall be cleaned and cleared by the department.
(B) 
Any expenses incurred by the department to clear obstructions, repair any damages to the sanitary sewer, sewer collection system or wastewater plant and any other expenses incurred by the department shall be determined and shall result in the county filing claim against the user or any other person causing or permitting the damages to occur.
(C) 
The department shall seek reimbursement for any and all expenses incurred. Failure to reimburse the department for the expenses shall result in penalties and enforcement action in accordance with sections 52.145 through 52.147.
(Ordinance 1998-16 adopted 12/8/98)
(A) 
(1) 
On or before August 1 of each year and/or at times that the county manager may designate, the department shall send notice to every person delinquent in assessments billed the previous fiscal year.
(2) 
Each notice shall state the assessment and penalty amounts owed and shall provide notice that a lien for sewer service in the amounts owed shall be placed on the property if payment is not received by September 1.
(3) 
On or before September 10 of each year or at other times that the department director may designate, the department shall prepare an assessment roll showing all delinquent assessments billed in the previous fiscal year.
(4) 
The assessment roll shall list:
(a) 
The name of the owner, if known, of the parcel of real estate being assessed;
(b) 
A description of the parcel of real estate being assessed; and
(c) 
The amount assessed against each parcel of real estate.
(B) 
(1) 
The department shall publish a notice stating that the assessment roll for delinquent sewer service charges due is on file in the office of the utilities department and the time by which the department must receive written appeals or protests by any person aggrieved by the assessment.
(2) 
The written appeal or protest may request a hearing before the director or his or her designee.
(3) 
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) 
If a hearing is requested, the director or his or her designee shall:
(1) 
Schedule a hearing;
(2) 
Correct any errors found in the assessment; and
(3) 
Document the proceedings and the director’s determination of the assessments. The proceedings and assessments as documented shall be deemed to be the final determination as to the regularity, validity and correctness of the assessment.
(D) 
(1) 
On or before October 1 of each year, the department shall prepare a list containing any delinquent assessment with penalty added for nonpayment of the assessment at the rate of 1.5% per month of any assessment confirmed by resolution, as provided herein, and describe the parcel of real estate to which the assessment is applicable.
(2) 
After preparation of the list by the department, the assessment shall be a lien when processed, against the parcel of real estate and shall be processed, as provided in NMSA, sections 3-36-1 through 3-36-5, under the authority granted to counties in NMSA, section 4-37-1.
(3) 
Any 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 earn interest at the rate of 1.5% per month.
(Ordinance 1998-16 adopted 12/8/98)
(A) 
Within 60 days from the date of the filing for record of the claim for lien, the department shall mail a notice of lien to each property owner against whose property a lien is being claimed to the billing address in the county records.
(B) 
(1) 
The county shall assess an amount as shown in appendix A to this chapter[1] for the release of any lien for delinquent fees in addition to the delinquent fees, plus interest. This charge shall be collected, whether release is sought prior to or after commencement of foreclosure proceedings to enforce the lien for delinquent assessments.
[1]
Editor’s note–Said appendix is included as an attachment to this chapter.
(2) 
In the event a suit to foreclose the lien has been instituted, the suit shall be dismissed at any time before foreclosure sale upon receipt of all fees, penalties and interest provided for herein 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 set by the court in which the foreclosure proceeding has been instituted.
(Ordinance 1998-16 adopted 12/8/98)
In the event of a suit to foreclose the lien provided for in this subchapter has been instituted, the suit and the lien shall be dismissed and released upon payment, at any time before foreclosure sale, of the amount of the total charges for which lien was filed, including the penalty and interest herein provided for and on 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 the foreclosure proceeding was instituted.
(Ordinance 1998-16 adopted 12/8/98)
The charges imposed under this subchapter, together with all penalties, interest and other charges prescribed, shall become a personal liability of the owner of the property served. In addition to collection through foreclosure of the lien, collection may be enforced on a personal liability by resort to any other legal procedure available for the enforcement of personal liabilities.
(Ordinance 1998-16 adopted 12/8/98)
(A) 
For users who also receive water utility service from the county water utility, the department may cause the water supply to be turned off and discontinue service to the property if any charge provided for herein remains unpaid for a period of 60 days from the designated due date. Service may not be discontinued for delinquencies of a previous owner or his or her tenant.
(B) 
Prior to the discontinuance of water service, a written notice shall be sent to the customer not less than ten calendar days in advance of the proposed termination of service.
(Ordinance 1998-16 adopted 12/8/98)
(A) 
When water service has been disconnected for nonpayment of sewer charges, reconnections of water service shall be made only after payment of all delinquencies, including all penalties, interest and costs that may have accrued, including any water and sewer service reconnection charges. All reconnections of water service shall be made in accordance with the reconnection provisions of the county water utility.
(B) 
If sanitary sewer service has been disconnected, reconnections shall be made in accordance with sections 52.65 through 52.73.
(Ordinance 1998-16 adopted 12/8/98)
All funds collected under this subchapter shall be deposited in an enterprise fund, which shall pay all bond service expenses and all direct and indirect expenses incurred in the maintenance, operation, extension, improvement, repair or construction or reconstruction of the county water and wastewater collection and treatment system.
(Ordinance 1998-16 adopted 12/8/98)