A. A municipality may remove refuse from real property and make a charge against the real property specially benefited by the removal of the refuse, if:

Terms Used In New Mexico Statutes 3-48-4

  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

(1)     any person owning or controlling real property allows refuse to be deposited upon his property other than in the proper receptacle and fails to remove the refuse or to place the refuse in the proper receptacle within forty-eight hours after the refuse is deposited on the real property; or

(2)     the owner owning or controlling real property refuses to use the refuse collection service provided by the municipality.

B. If any person, owning or controlling the real property, fails or refuses to pay: (1)     the charge imposed for the collection and disposal of refuse; or

(2)     the charge made against the real property specially benefited by the removal of refuse, the municipality may make an assessment against the real property.

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