(A) When any cesspool or like receptacle is pumped or cleaned by the Town of Clayton or any employee thereof, the fee or charge therefor shall be $0.90 for each tankful or load taken therefrom; provided; however, that a minimum of $5.00 shall be charged for each cesspool or like receptacle so cleaned or pumped. The cleaning or pumping may be done at any time of the day.
(B) The owner of any property upon which or in connection with which any cesspool or like receptacle is situated shall be primarily liable for the charges above specified, but the owner of the property and the occupant, if the property be occupied by some person other than the owner, shall be jointly and severally liable for the charges.
(C) The town shall have a lien upon any lot or lots or subdivision within the town for all charges for cleaning or pumping a cesspool or like receptacle situated thereon or in connection therewith, when the same is done by the town or any of its employees, and if the charges are not paid within 30 days from the time the service is rendered, the Town Clerk-Treasurer shall file a notice and claim of the lien in the office of the County Clerk of Union County, New Mexico, as provided by the laws of the State of New Mexico, the lien to be thereafter foreclosed in the manner and form prescribed by the laws of the State of New Mexico.
(Ord. 194, passed 1-13-1930)
Cross-reference:
Additional provisions, see Chapter 50