A. Removal By Village: Whenever any person owning or controlling any house, shop, residence, establishment or place of business within the corporate limits of the village shall fail or refuse to pay the garbage collection charge herein provided for, or if any person shall allow garbage to be deposited in or upon the premises under his control other than in the proper receptacle as herein provided for and fails to remove the refuse or to place the refuse in the proper receptacle within forty eight (48) hours after the garbage is deposited on the real property, the village shall be authorized, at its own expense, to remove the same from the premises, and is hereby authorized to charge the costs of removal to the property specifically benefited by the removal, and an assessment charge shall be made against the property for the costs of removal of garbage as set forth herein. (Ord. 325, 4-13-2004)
B. Assessment Of Additional Fees: The assessments provided for in subsection A of this section shall be made by the board of trustees, from data furnished by the chief of police, and the board of trustees shall prepare an assessment roll containing the name of the owner of each lot or parcel of land separately assessed (if known), a description of each lot or parcel of land, the amount assessed separately against each lot or parcel of land and a general description of the removal and what was removed from the real estate being assessed. (1976 Code § 6-3-10)
C. Appeal:
1. Permitted: After the assessment roll provided for in subsection B of this section is prepared and filed with the village clerk-treasurer, the village clerk-treasurer shall give not less than ten (10) nor more than twenty (20) days' notice by one publication, accomplished by posting in the same places in which ordinances are posted, that the assessment roll is on file in the village clerk-treasurer's office. The notice shall describe the removal and what was removed, and shall state a time at which the board of trustees will meet to hear the appeals or protests of the parties aggrieved by the assessment. 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. (1976 Code § 6-3-11)
2. Procedure: At the time fixed for the appeal or protest meeting, the board of trustees shall meet and hear and determine upon all appeals, protests and objections which may be made by any party interested in the regularity of the proceedings or to the correctness of the amount of the assessment, or of the amount levied upon any particular lot or parcel of land, and if the proceedings are found to be irregular, the board of trustees shall correct any errors which may have been found in the assessment and shall thereupon, by resolution, direct the confirmation of such proceedings, and the proceedings and assessments as so confirmed shall thereafter be deemed the final determination of the regularity, validity and correctness of the assessment and the amount thereof. (1976 Code § 6-3-12)
D. Certification Of Assessments: On or before October 1 of each year, or at another time as the board of trustees may in its discretion so request, the village clerk-treasurer shall certify to the board of trustees a statement of all assessments delinquent under this chapter, describing the land affected and setting out the amount of the assessment with penalty added at the rate of one percent (1%) per month commencing with the date that the assessment was first imposed, and the assessment shall be a lien upon the lot or parcel of land described in the confirmed assessment roll, and it shall be the duty of the village clerk/treasurer to prepare, sign, attest with the seal of the village and file and record in the office of the county clerk of Otero County claim of lien therefor; and all subsequent purchases, mortgages or encumbrances of the lot or parcel of land shall take the same, subject to such lien. (1976 Code § 6-3-13)
E. Lien; Interest: The lien shall bear interest at the rate of twelve percent (12%) per annum from the date of filing thereof until paid, and after recording may be sold and assigned to any person for its face value, with interest, and may be foreclosed at any time after recording in the same manner as by law provided for the foreclosing of mortgages on real estate. (1976 Code § 6-3-13; amd. 2000 Code)