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

Terms Used In New Mexico Statutes 3-23-6

  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.

(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 N.M. Stat. Ann., and the effect of such filing shall be governed by Section 3-36-2 N.M. Stat. Ann..

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.

  Previous section
Next section  
 Article 23 Contents