2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 23 - Public Utilities
Section 3-23-6 - Charge for service of municipal utility becomes a lien against the property served; exception.

A. Any charge imposed by ordinance for service rendered by a municipal utility, including an entity established pursuant to Section 72-1-10 NMSA 1978, except as indicated in Subsection C of this section, shall be:

(1) payable by the owner, personally, at the time the charge accrues and becomes due; and

(2) a lien upon the tract or parcel of land being served from such time.

B. The lien shall be enforced in the manner provided in Sections 3-36-1 through 3-36-5 NMSA 1978. In any proceedings where pleadings are required, it shall be sufficient to declare generally for the municipal utility service. Notice of the lien shall be filed in the manner provided in Section 3-36-1 NMSA 1978, and the effect of such filing shall be governed by Section 3-36-2 NMSA 1978.

C. Subsection A of this section shall not apply if an owner notifies the municipality that utility charges that may be incurred by a renter will not be the responsibility of the owner. Such notification shall be given in writing prior to the initiation of the debt and shall include the location of the rental property.

History: 1953 Comp., § 14-22-6, enacted by Laws 1965, ch. 300; 1971, ch. 225, § 1; 1981, ch. 213, § 2; 2011, ch. 117, § 2.

Cross references. — For determination of uncollectible utility account and removal from accounts receivable, see 3-37-7 NMSA 1978.

The 2011 amendment, effective June 17, 2011, created a lien for charges imposed by the Albuquerque-Bernalillo county water utility authority for water and sewer service.

Ordinary and usual meaning attributable to the words "payable by owner" is not such that they may be expanded to include subsequent owners. Bettini v. City of Las Cruces, 1971-NMSC-054, 82 N.M. 633, 485 P.2d 967.

This section and 3-24-2 NMSA 1978 compared. — This section and 3-24-2 NMSA 1978 are not irreconcilable; this section is a general section to be controlled by the specific provisions of 3-24-2 NMSA 1978. 1968 Op. Att'y Gen. No. 68-18.

Statutory authorization for lien required. — Unless expressly authorized by statute, a municipal utility cannot make delinquent water and electric bills a lien on the property. A statute giving a lien for such delinquent charges must necessarily be limited to its terms. 1962 Op. Att'y Gen. No. 62-108.

Lessee liable. — The utility does have a claim for relief for delinquent charges against a lessee who put up the deposit and secured the service for his tenant in the lessee's name. 1962 Op. Att'y Gen. No. 62-108.

Subsequent tenant. — The utility has no right to refuse to supply water or electricity to a subsequent tenant who himself is not in default and did not incur the delinquent charges. 1962 Op. Att'y Gen. No. 62-108.

There is no specific statute of limitations for the payment of utility bills. 1959 Op. Att'y Gen. No. 59-128, overruled to the extent it conflicts with 1962 Op. Att'y Gen. No. 62-108.