2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 48 - Refuse; Collection and Disposal
Section 3-48-3 - Refuse; authority to collect and dispose; fee.
A. A municipality may, by ordinance, provide for the collection and disposal of refuse by:
(1) the municipality;
(2) contract; or
(3) any other manner deemed suitable by the municipality.
B. A municipality may appoint or contract with a refuse collector and prescribe the duties and compensation of a refuse collector.
C. A municipality may require each person owning or controlling real property to pay a reasonable fee for the collection and disposal of refuse and shall determine if the municipality or the refuse collector shall collect the fee for the collection and disposal of refuse. The refuse collection fee shall only be charged against real property that is occupied or has been previously occupied.
D. A municipality providing for the collection of refuse may require any person owning or controlling real property to pay the refuse collection fee whether or not the refuse collection service is used by the person owning or controlling real property.
E. A municipality providing for the collection and disposal of yard waste may require any person owning or controlling real property to pay a yard waste collection and disposal fee.
History: 1953 Comp., § 14-49-3, enacted by Laws 1965, ch. 300; 2003, ch. 230, § 2.
ANNOTATIONSThe 2003 amendment, effective June 20, 2003, deleted "impose a" in the section heading; inserted "refuse collection" preceding "fee shall only" in Subsection C; and added Subsection E.
No deprivation of property without due process. — Property owner was not deprived of his property without due process by being required to pay the assessments. He received benefits in the collection and disposal of garbage from other premises in the community. The problem involved being a health problem, its solution bound defendant as well as other members of the community. City of Hobbs v. Chesport, Ltd., 1966-NMSC-158, 76 N.M. 609, 417 P.2d 210.
Collection of fee. — The section does not make collection of the garbage assessment dependent on the actual removal of garbage from the premises. The sum is to be collected from every person. City of Hobbs v. Chesport, Ltd., 1966-NMSC-158, 76 N.M. 609, 417 P.2d 210.
Purpose of garbage fee. — The sum to be collected under this section is to "defray the expenses of such garbage collection and disposal." City of Hobbs v. Chesport, Ltd., 1966-NMSC-158, 76 N.M. 609, 417 P.2d 210 (decided under prior law).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Garbage or rubbish, liability for act of employee engaged in removing, 14 A.L.R. 1473, 32 A.L.R. 988, 52 A.L.R. 187, 60 A.L.R. 101, 156 A.L.R. 692, 714.
