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Lovington Overview
Lovington, NM Code of Ordinances
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8.16.070   Maintaining sanitary conditions.
   Every person shall maintain the area around the containers serving his property in a sanitary condition and free from litter. (Ord. 368 (part), 1992: Ord. 352 (part), 1988: prior code § 4-5-4.1)
8.16.080   Materials prohibited in litter containers—Yard waste.
   A.   Rocks, bricks, plastic, concrete and dirt, and similar solid materials, shall not be deposited in containers used for litter. Human waste, animal waste and matters more appropriately disposed of through the city sewage system, shall not be disposed of in containers used for litter.
   B.   Grass clippings, lumber debris, tree branches, fruits, vegetables or other plant materials shall not be disposed of in containers used for litter. Such materials shall be placed in boxes or plastic bags sufficient to contain the clippings and/or such manners required from time to time by the city. (Ord. 368 (part), 1992: Ord. 352 (part), 1988: prior code §§ 4-5-3.1, 4-5-3.2)
8.16.090   Authorization to use containers.
   It is unlawful for a person, whether resident of the city or nonresidents to deposit garbage, refuse, or litter in service provider containers unless said person has proper authorization to use the container. (Ord. 368 (part), 1992: Ord. 352 (part), 1988: prior code § 4-5-5.2)
8.16.100   Placing container in right-of-way prohibited.
   No receptacle or container shall be placed, kept, stored or located within the right-of-way of an alley or street unless specifically authorized by the city. (Ord. 368 (part), 1992: Ord. 352 (part), 1988: prior code § 4-5-5.1)
8.16.110   Collection—Fee schedule— Deposits due and payable— Automatic price adjustments.
   There is assessed against every person owning, operating or controlling any house, residence, apartment, tenant house or other establishment, garbage collection fees payable to the city with automatic price adjustments to conform to increases or other changes in costs from its contract service provider as measured by C.P.I, as of December 15th of each year.
   A.   Residence within the municipality, a fee of twenty-three dollars and forty-eight cents per month for one poly cart or a fee of thirty dollars and twenty-three cents per month for two polycarts. This is an increase of eight and five- hundredths percent from existing rates.
   B.   Residence outside the city limits but within the extraterritorial zone one mile in width around the city; a fee of twenty-seven dollars and thirty- three cents per month for one polycart or a fee of thirty-four dollars and eleven cents per month for two polycarts. This is an increase of eight and five-hundredths percent from existing rates.
   C.   Residential/commercial establishments within the municipality a fee of thirty-seven dollars and fifty-eight cents per month for one polycart or a fee of forty-four dollars and forty- seven cents per month for two polycarts. This is an increase of eight and five hundredths percent from existing rates.
   D.   If the resident has garbage in the excess of two containers’ capacity, an additional cart may be acquired for an additional six dollars and seventy-six cents per month.
   E.   Commercial establishments using polycarts, a fee of thirty-seven dollars and fifty-six cents per month for one polycart and seventy-three dollars and fifty-five cents per month for two polycarts. This is an increase of eight and five hundredths percent from existing rates.
   F.   Commercial establishments using dumpsters picked up weekly, a fee of seventy-four dollars and eighty-two cents per month for a two-yard dumpster; one hundred eleven dollars and sixty- eight cents per month for a three-yard dumpster; one hundred forty-five dollars and eighty-four cents per month for a four-yard dumpster; two hundred thirteen dollars and seventy-two cents per month for a six-yard dumpster; or two hundred eighty-three dollars and ten cents per month for an eight-yard dumpster. This is an increase of eight and five-hundredths percent from existing rates.
   G.   Commercial establishments using dumpsters picked up two times per week, a fee of one hundred forty-nine dollars and sixty-four cents per month for a two-yard dumpster; a fee of two hundred twenty-three dollars and thirty-seven cents per month for a three-yard dumpster; a fee of two hundred ninety-one dollars and sixty-six cents per month for a four-yard dumpster; a fee of four hundred twenty-seven dollars and forty-six cents per month for a six-yard dumpster; or a fee of five hundred sixty-six dollars and nineteen cents per month for an eight-yard dumpster. This is an increase of eight and five-hundredths percent from existing rates.
   H.   The rates set forth in subsections A through G above shall be automatically adjusted to conform to periodic adjustments of the Consumer Price Index as of August 15th of each year. Waste management’s increase started May 1, 2008.
   I.   Owners or agents in charge of rental property shall be responsible for the payment of the charges assessed in this section and such property shall be subject to the lien provided for in this chapter.
   J.   Upon passage, the ordinance codified in this chapter shall take effect December 16, 2008. (Ord. 488, 2008; Ord. 481, 2007: Ord. 474, 2006: Ord. 464, 2005: Ord. 458, 2005: Ord. 448, 2003:Ord. 437, 2001: Ord. 429, 2000: Ord. 428, 2000; Ord. 412, 1997; Ord. 390 (part), 1994: Ord. 389 (part), 1994: Ord. 368 (part), 1992: Ord. 342 (part), 1987: prior code §§ 4-5-27, 4-5-28)
8.16.120   Delinquent accounts— Penalties.
   Service shall be from the fifteenth of one month to the fifteenth of the following month. All fees provided for in this chapter shall become due on the fifteenth of the month and shall become delinquent on the tenth of the month following the due date. The delinquent amount shall incur a penalty of five percent of the delinquent amount. (Ord. 390 (part), 1994: Ord. 389 (part), 1994: Ord. 342 (part), 1987: prior code § 4-5-29)
Article III. Weeds and Grass
8.16.130   Property owner responsible for weed and grass control.
   Any owner, lessee or occupant or agent, servant, representative or employee of an owner, lessee or occupant having control of any lot within the city who shall allow or maintain on any such lot any growth of weeds or grass to a height of over ten inches shall be deemed maintaining a nuisance. This includes the area located between the property line and the middle of the alley adjacent to the property, and the area located between the property line and the curb, the area of any curbs or sidewalks located on the property, and the area located ten feet outside the property line where there is no curb. Sidewalks, curbs, and gutters shall be kept clear of any grass or weeds regardless of height, dirt, or debris.
(Ord. 548, 2016; Ord. 505, 2012; Ord. 342 (part), 1987: prior code § 4-5-25)
8.16.131   Notice to owner, lessee or occupant.
   If the provisions of Section 8.16.130 are not complied with, the city manager or his or her authorized representative, shall notify the owner, lessee or occupant, or person having charge or control of any occupied or unoccupied lot or tract of land, of the non-compliance with the provisions of this chapter by the issuance of a ten-day written warning. In the event such owner, lessee or occupant, or any person having charge or control of such lot or tract of land, cannot be determined or the owner shall be a nonresident of the city, such notice may be served by posting a copy of the written notice upon the premises, with a copy mailed by certified letter to the last known address of the owner. A citation may be issued for violations remaining after the expiration of the warning of the period. In the event that weeds or grass exceed fifteen (15) inches in height, a citation of the violation may be immediately issued. The same owner, lessee or occupant, or any person having charge or control of a lot or tract of land that repeats the same violation may be immediately issued a citation for the non-compliance with the provisions of this chapter.
(Ord. 548, 2016; Ord. 505, 2012)
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