2011 New Mexico Statutes
Chapter 3: Municipalities
Article 26: Sewage Facilities, 3-26-1 through 3-26-3
Section 3-26-2: Sanitary sewers; charges and assessments for maintenance and extension; lien.
3-26-2. Sanitary sewers; charges and assessments for maintenance and extension; lien.
A. A municipality, for the purpose of maintaining, enlarging, extending, constructing and repairing sewer facilities and for paying the interest and principal on revenue bonds issued for the acquisition, condemnation or construction of sewer facilities, may levy by general ordinance a just and reasonable service charge upon a front-foot, volume-of-sewage, number-of-outlets or other equitable basis on:
(1) an improved or unimproved lot or land that adjoins a street in which a sewage collection system exists or that is accessible to such a sewage collection system; and
(2) premises and improvements otherwise situated but connected to the sewage collection system.
B. Any charge authorized in Subsection A of this section is a lien co-equal with a similar water lien and superior to all other liens except general property taxes upon the property so charged and is a personal liability of the owner of the property so charged. The lien shall be enforced as provided in Sections 3-36-1 through 3-36-7 NMSA 1978.
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