A. Unlawful Solid Waste Deposits:
1. Prohibited: No person owning, leasing, occupying or having charge of any premises within the city limits shall deposit or allow to be deposited on such premises any solid waste except in a proper container designated to that location. Any such person who fails to properly dispose of said solid waste or fails to remove such solid waste or special waste within ten (10) days after the same is deposited on said premises shall, upon conviction thereof, be punished as provided in section 1-4-1 of this code. No such person shall deposit or allow the deposit of any material in such solid waste containers or facilities if New Mexico environmental department regulations prohibit the deposit of such material in the city's solid waste facility or when the solid waste container contains labeling prohibiting the deposit of such material. Contact the public works department or duly authorized agent to assist with identifying NMED prohibited materials.
2. Unauthorized Deposit Of Solid Waste: No person shall deposit any solid waste into any solid waste container on private property specifically for the use of the persons owning, leasing, occupying or having charge of such premises, or into any solid waste container provided by the city or duly authorized agent (such as dumpsters located at city parks, city facilities, or approved special events), without written permission from the city or duly authorized agent or the person owning, leasing, occupying or having charge of such premises.
3. Notice: Prior to collection of unauthorized or prohibited waste by the city or authorized agent, the owner of the property where the waste is located will be given written notice to remove the waste. After ten (10) days, the city or duly authorized agent will schedule a time to collect the waste and subsequently bill the owner for actual costs plus ten percent (10%).
4. Removal Of Solid Waste By City: Any qualified agency hereafter designated by the public works director shall be authorized to remove any solid waste from any premises on which such solid waste exists, after the expiration of said ten (10) day period.
5. Assessment Of Removal Costs: After the removal of such solid waste by or on behalf of the city, the city or duly authorized agent shall be entitled to make an assessment against the premises for the costs of such removal and in event of the failure of the owner, lessee or other person occupying said premises to pay the same, file an applicable lien against said premises pursuant to New Mexico Statutes Annotated sections 3-48-5 and 3-48-7.
6. Construction Sites: Building permittees shall be responsible for containment or removal on a daily basis of all solid waste and debris generated from a construction site. Disposal of such waste and debris shall be to disposal sites in accordance with this chapter.
7. Penalty: Any person violating any provision of this subsection shall, upon conviction thereof, be punished as provided in section 1-4-1 of this code. (Ord. 1260, 9-29-2016; amd. Ord. 1285, 12-17-2019)