VILLAGE OF CAPITAN, NEW MEXICO
ORDINANCE NO. 98-5

AN ORDINANCE REPEALING VILLAGE OF CAPITAN ORDINANCES 78-5, 83-0, 87-1, 91-7, 94-5, 94-6, 94-7, 95-1, 95-4, 96-4, 97-3, 97-10 AND ALL AMENDMENTS THERETO; AND AMENDING ORDINANCE 81-1; ENACTING AN ORDINANCE RELATING TO MUNICIPAL WATER, SEWER AND GARBAGE UTILITY RATES, PAYMENT, DELINQUENCIES, METERING, RESTRICTIONS AND USAGE; AND PRESCRIBING PENALTIES FOR VIOLATION.

WHEREAS, the Board of Trustees of the Village of Capitan finds that the regulation of water, sewer and garbage rates and usage is necessary to the health, welfare and safety of the citizenry of the Village of Capitan; and

WHEREAS, the Board of Trustees of the Village of Capitan finds that over the past twenty (20) years a number of conflicting and inconsistent provisions have been adopted with regard to the imposition of charges and fees for municipal water, sewer and trash utility service; and

WHEREAS, the Board of Trustees finds that it is in the best interests of the Village to repeal all prior water, sewer and trash ordinances and enact a comprehensive utility ordinance, to correct the conflicting provisions and amend certain provisions regarding water restriction times, meter tampering, penalties and late fees.

NOW THEREFORE, BE IT ORDAINED by the Board of Trustees of the Village of Capitan as follows:

SECTION 1: REPEAL AND AMENDMENT

Village of Capitan Ordinances 78-5, 83-0, 87-1, 91-7, 94-5, 94-6, 94-7, 95-1, 95,-4, 96-4, 97-3, 97-10 and all amendments thereto are hereby repealed. Chapter 3 of the Village Code, as adopted by Ordinance 81-1, is amended as set forth below.

SECTION 2: TITLE

This Ordinance shall be known as and may be cited and referred to as the Village of Capitan Utility Ordinance.

SECTION 3: UTILITY PROVISIONS

Chapter 3
Departments

Article 1    Water Department
Article 2    Water Restrictions
Article 3    Sewer Department
Article 4    Health and Sanitation Department
Article 5    Utility Payments, Liens, Deposits and Fees
Article 6    Fire Department
Article 7    Department of Civil Preparedness
ARTICLE 1
WATER DEPARTMENT

3-1-1    Administration
3-1-2    Size of Service Tap
3-1-3    Metering of Water
3-1-4    Service Line Regulations
3-1-5    Removal and Installation of Meter, Tap Fee
3-1-6    Limitation on Number of Water Taps
3-1-7    Water Rates
3-1-8    Commodity Charges
3-1-9    Compound or Multiple Meters
3-1-10  Unmetered Service
3-1-11  Water Leakage or Meter Problems
3-1-12  Payment Priorities of Water Revenues
3-1-13  Unlawfully Turning on Meter
3-1-14  Penalties for Illegal Water Hookups
3-1-15  Specific Replacement Costs for Damage
3-1-16  Meter Tampering

3-1-1 ADMINISTRATION:

The Village Clerk and Utility Superintendent, and/or their designees, shall have the overall control and management of all things pertaining to the municipal utility system and shall perform all acts that may be necessary for the prudent, efficient and economical management and protection of said utility system, subject to the approval and confirmation of the Board of Trustees. The Board of Trustees may prescribe user service rates and other rules and regulations as it may deem necessary.

3-1-2 SIZE OF SERVICE TAP:

The Utility Supervisor and/or the person designated by the Village of Capitan shall determine the number and size of all taps and the length of all water lines to the property line. However, no service tap shall be more than 3/4 inches in diameter; provided that the Board of Trustees may, by regulation, provide for larger taps where the water supply and service facilities are sufficient to permit such taps. Where a larger tap is permitted, the cost of the tap may be fixed by the Board of Trustees by regulation, but shall not be less than the invoice cost to the Village of said meter, stop clock and box, together with a reasonable charge for labor and for the installation thereof, and in no instance shall it be less than the charge for a 3/4 inch tap.

3-1-3 METERING OF WATER:

Each premises or dwelling shall have a separate meter, stop clock, and box on the property line or as near thereto as is practical. Provided, however, several dwellings may utilize one separate meter, but the rates of water shall be multiplied by the number of units which water is provided. The base rate or minimum rate charged shall also be multiplied by the number of dwellings serviced by said meter, stop clock and box. This exception shall not apply to temporary dwellings which are defined as not having a duration of more than thirty (30) days. A dwelling is defined as a living unit, separate building, commercial business, church or school. It is the intent of this ordinance that a separate building must pay the same water rate as a residential building with one family living in said residence. Meter readings shall be the same as for individual meters and one person shall be responsible for payment and that shall be the person who has applied and been granted the meter, stop clock and box. Furthermore, the premises served by said water meter shall be subject to any rights of lien which the Village may have for collection of any water provided to that particular real property and the dwellings thereon. Applications shall be made the same as for individual service and in no case shall water be distributed except through meters. [amended by 3-1-3 of Ord 99-1]
3-1-4 SERVICE LINE REGULATIONS:

Except as indicated 3-1-3 , no more than one (1) building shall be permitted to use a water service line. Each service line shall contain a stop and waste clock where the meter may be turned off.

3-1-5 REMOVAL AND INSTALLATION OF METER TAP FEE:

    A.    Upon application for a new tap and service connection by any consumer within the corporate limits of the Village, the applicant shall pay to the Village Clerk the sum of Five Hundred Dollars ($500.00) through December 31, 1998. As of January 1, 1999, said cost shall be increased to One Thousand Two Hundred Fifty Dollars ($1250.00), to cover the cost of a 3/4 inch tap, corporation stop clock, fittings, meter, installation of the tap, and necessary pipe from the main to the curb box. The tap shall be installed by the Village. The Village shall own and maintain the water line from the main to the curb box and the property owner shall own and maintain the water line from the curb box to the premises served. The charge for any line extension shall be based upon the invoice on materials. There shall not be a connect or turn-on fee as set forth in this Chapter [3-5-3], when the tap and service connection is a new one. The property owner shall be required to install a shut off valve on his/her side of the curb box for all new connections.

    B.    Installation charges for new meters and water lines larger than 3/4 meter shall be based upon the invoice cost of said meter, stop clock, box and line, together with a reasonable charge for labor for the installation thereof.

    C.    There shall be a charge of fifty ($50.00) dollars to have the Village of Capitan pull or remove the meter, or when the meter is removed for failure to pay delinquent water bills.

    D.    There shall be a charge of seventy five ($75.00) dollars to reinstall any meter previously removed from any property. [amended by 3-1-5 of Ord 99-1]

3-1-6 LIMITATION ON NUMBER OF WATER TAPS:

Each legally platted lot or tract of land shall be entitled to one (1) water tap. Any request for additional taps shall be submitted to the Planning and Water Commission, who shall take into consideration the availability and supply of water to the Village. The Planning and Water Commission shall make its recommendations to the Board of Trustees. Approval of the Board of Trustees must be granted prior to connection of additional water taps. The cost for installation of the meter shall be as set forth in this Article [3-1-5 ].

3-1-7 WATER RATES:

Water rates, for zero to four thousand (0-4000) gallons usage (base rate) excluding New Mexico gross receipts taxes, shall be as follows:

A.        Municipal Rates

Meter Size
 Residential
 Institutional/Commercial
 Industrial
3/4"
 $15.62
 $18.12
 $28.12
1"
 $15.62
 $28.12
 $53.12
1-1/2"
 $15.62
 $28.12
 $53.12
2"
 $15.62
 $53.12
  $78.12
3"
$15.62
$53.12
 $78.12


B.        Any person requesting service outside the corporate boundaries of the Village of Capitan shall make application to the Village of Capitan Planning and Water Commission. That Board shall make its recommendations to the Board of Trustees. Approval of the Board of Trustees must be granted prior to connection of service. The cost for installation of the meter shall be as set forth in this Article, above. Existing and duly approved extra-territorial water connections shall be charged at one and one half (1.5) times the rates set forth herein, including commodity charges for increments of water usage as set forth in this Article, hereinbelow.


3-1-8    COMMODITY CHARGES:

    A.    Residential Usage.

        1.    For residential water usage in excess of four thousand (4000) gallons per month, there shall be a charge of $1.78 per one thousand (1,000) gallons, up to a maximum of twenty thousand (20,000) gallons.

        2.    For residential water usage in excess of twenty thousand (20,000) gallons per month, there shall be a charge of $3.03 per one thousand (1,000)gallons, up to a maximum of fifty thousand (50,000) gallons.

        3.    For residential water usage in excess of fifty thousand (50,000) gallons per month, there shall be a charge of $4.03 per one thousand (1,000) gallons, up to a maximum of one hundred thousand (100,000) gallons.

        4.    For residential water usage in excess of one hundred thousand (100,000)gallons per month, up to a maximum of five hundred thousand (500,000)gallons, there shall be a charge of $5.03 per one thousand gallons.

        5.    For residential water usage in excess of five hundred thousand (500,000)gallons per month, there shall be a charge of $10.03 per one thousand(1,000) gallons.

    B.    COMMERCIAL-INSTITUTIONAL/INDUSTRIAL COMMODITY CHARGES:

        1.    For Commercial, Industrial or Institutional water usage in excess of four thousand (4,000) gallons per month, there shall be a charge of $1.78 per one thousand (1,000) gallons, up to a maximum of one hundred thousand(100,000) gallons.

        2.    For Commercial, Industrial or Institutional water usage in excess of one hundred thousand (100,000) gallons per month, there shall be a charge of $3.03 per one thousand (1,000) gallons, up to a maximum of one hundred fifty thousand (150,000) gallons.

        3.    For Commercial, Industrial or Institutional water usage in excess of one hundred fifty thousand (150,000) gallons per month, there shall be a charge of $4.03 per one thousand (1,000) gallons, tip to a maximum of two hundred thousand (200,000) gallons.

        4.    For Commercial, Industrial or Institutional water usage in excess of two hundred thousand (200,000) gallons per month, up to a maximum of five hundred thousand (500,000) gallons, there shall be a charge of $5.03 per one thousand (1,000) gallons.

        5.    For Commercial, Industrial or Institutional water usage in excess of five hundred thousand (500,000) gallons per month, there shall be a charge of $10.03 per one thousand (1,000) gallons.

3-1-9 COMPOUND OR MULTIPLE METERS:

    A.    Customers with service by compound meter or more than one meter to any premises shall be charged the applicable minimum fee for each premise unit or dwelling. One meter of any size shall serve no more than one (1) residential unit.

        Existing meters serving more than one (1) residential unit as of October 10, 1994, shall be allowed to continue such service, subject to the provisions of Subsection C, below. However, at any time as such service is discontinued or the meter pulled, those units will be required to have separate meters thereafter.

    B.    For purposes of this provision, "unit" is defined as a part of the property intended for residential use, including one or more rooms or enclosed spaces interconnecting, located on one or more floors in a building, and with a direct exit to a public street or highway or to a common area or mall leading to a public street or highway. Hotels, motels and tourist cabin operations are specifically excepted and excluded from the effect of this provision.

    C.    Existing meters servicing more than one (1) residential unit as of October 10, 1994 shall be charged the minimum monthly charge set forth above for metered service multiplied by the number of residential units being service by the meter. In addition, each meter servicing more than one (1) residential unit shall be charged the commodity charge for that amount of water used which is in excess of the number of units being served by the meter multiplied by 4,000. [amended by 3-1-9 of Ord 99-1]

3-1-10 UNMETERED SERVICE:

    A.     Unmetered service shall be allowed for private fire protection, or such other uses as may be specifically approved in writing by the Mayor and/or Board of Trustees. Unmetered service for any other purpose will be a violation of this Ordinance and subject to a penalty and/or fine in accordance with Section 6-1-6 of the Capitan Criminal Code.

    B.    All water withdrawn from a fire hydrant, pursuant to the provisions of Paragraph A above, shall be charged at a commodity rate of twenty ($20.00) dollars per one thousand (1,000) gallons. Water taken from fire hydrants shall be metered with a meter provided by the Village of Capitan. There shall be a five hundred ($500.00) dollar fee, of which two hundred and fifty ($250.00) dollars is refundable to the Permittee upon return of the meter in as good order and condition as received.

    C.    All water drawn from the hydrant at the U.S. Forest Service will be charged at the commodity rate of two ($2.00) dollars per hundred gallons or twenty ($20.00)dollars per one thousand (1000) gallons.

3-1-11 WATER LEAKAGE OR METER PROBLEMS:

    A.    There shall be no charge for turning meters on or off when a water problem or leakage problem occurs before the meter, on the Village's line, or at the meter.

    B.    The charge set forth in this Chapter, Article 5 [3-5-3 ] herein shall apply for turning meters on or off when a leakage problem occurs after the meter on the owner's line. It shall be the responsibility of the owner to install a shut off valve on his/her side of the meter if he/she wishes to turn water off or on without incurring the charge set forth herein. Any unit experiencing more than two (2) leaks in any calendar year on the owner's side of the line, and requiring the Village to turn the water on or off, shall be required by the Village to install a shut off valve on the owner's line before water service will be turned back on.

    C.    There shall be an opportunity, at the request of an excessive user, to have the Board of Trustees review and set a provisional rate for any excessive use which occurs as the result of line leakage or meter problems.

3-1-12 PAYMENT PRIORITIES OF WATER REVENUES:

Revenues generated by the water rate increase in excess of those necessary to meet the debt service obligations may be used by the Village for the purchase of water system improvements, including, but not limited to, long term water planning, purchase of additional water rights, water studies or other reports encouraged or required by the New Mexico State Engineer's office and construction of water facilities. The revenues identified herein as being in excess shall be put into a specific line item in the Village's annual budget in the Water/Sewer fund.

3-1-13 UNLAWFULLY TURNING ON METER:

When the Water Department has shut off water from any premises upon the application of the owner or for non payment of water charge, or for any other cause, it shall be unlawful for any person except employees of the Water Department to again connect such premises with the water system. When water is so turned on without authority, the Water Department may shut off the water at the main, or remove a portion of the service pipes, and shall not furnish water service again to such premises until all charges are paid and proper guarantees that the violations shall not reoccur are received and accepted by the Village Clerk. This provision shall not apply to situations where emergencies require the water to be shut off, or the water is shut off by a licensed plumber, provided however that the owner or licensed plumber must notify the Village of any turning on or off of the Village meter.

3-1-14 PENALTIES FOR ILLEGAL WATER HOOKUPS:

It shall be illegal for any person or entity to receive water from an unmetered Village water source or from another person's or entity's Village water supply through use of piping, hoses, or taps into the water pipes, or to knowingly permit an illegal water hookup to his or her system. For purposes of this Ordinance, each day shall be deemed a separate offense. Persons violating these provisions shall be subject to fines and penalties in accordance with the Capitan Criminal Code, Section 6-1-6.

3-1-15 SPECIFIC REPLACEMENT COSTS FOR DAMAGE:

In addition to any criminal penalties which may apply, repair charges for any damage caused by any owner or resident, or their agents or employees to any Village water system, meter, meter can, stop clock, box and line caused by any resident, or agent thereof, shall be based upon the invoice cost of said meter, fittings, stop clock, box and/or line, together with a reasonable charges for labor and equipment for the repair thereof.

3-1-16 VIOLATIONS FOR METER TAMPERING:

It shall be illegal for any person or entity to tamper with any Village water meter. For purposes of this Ordinance, each occurrence shall be deemed a separate offense. Persons violating this provision may be subject to fines and penalties in accordance with the Capitan Criminal Code, Section 6-1-6. Meter tampering consists of turning a water meter on or off, without permission of the Village or its Utility Supervisor, or otherwise adjusting or interfering with the normal operation of any Village water meter, or tampering with a Village meter that has been turned off or locked for nonpayment or previous tampering. Meter tampering also includes recklessly damaging a meter, but does not apply to emergency situations such as water leaks where the owner or a licensed plumber notifies the Village of any turning on or off of the Village meter within 24 hours, and non-payment is not an issue.

Top of Page     Ordinance Index Page


ARTICLE 2
WATER RESTRICTIONS

3-2-1  Water Emergency
3-2-2  Water Restriction Times
3-2-3  Water Conservation
3-2-4  Penalties for Violation of Watering Restrictions and Water Conservation Provisions
3-2-1 WATER EMERGENCY:

The Board of Trustees of the Village of Capitan shall determine, by Resolution, duly adopted, when a water emergency exists by adopting a Water Emergency Resolution. Such designation of water emergency shall continue until rescinded by the Board of Trustees. At such times as a water emergency is declared, it shall be illegal for any person or entity using Village water to conduct any outside watering except in accordance with the conditions set forth in such Resolution.

When a water emergency is declared, notice of such Resolution shall be posted in at least three (3) places in the Village of Capitan, including Village Hall and the Capitan Post Office, and at least one other location in the Village. Notification shall also be published in a newspaper of general circulation in Lincoln County. Such Resolution shall take effect five (5) days after its passage by the Board of Trustees, and thereupon, all of the provisions of this Ordinance relating to water restrictions, water emergency and fines and penalties shall be in full force and effect.

3-2-2 WATER RESTRICTION TIMES:

The Village of Capitan has established restrictions on the times during which outside watering may be conducted. It shall be illegal for any person or entity using Village water to conduct any outside watering between the hours of 9 a.m. and 4:30 p.m. "Outside Watering" includes:

    1.    watering lawns, yards or outside vegetation of any kind;
    2.    washing automobiles, except at commercial automobile washing establishments;

Notice of this restriction shall be posted in at least three (3) places in the Village of Capitan, including Village Hall and the Capitan Post Office, and at least one other location in the Village. Initially, notification shall also be published in a newspaper of general circulation in Lincoln County.

3-2-3   WATER CONSERVATION:

It shall be illegal for any person or entity to conduct any outside watering which results in water flowing into the streets, culverts, curbs or gutters.

3-2-4    MANDATORY PENALTIES FOR VIOLATION OF WATERING RESTRICTIONS AND WATER CONSERVATION PROVISIONS:

Any person found guilty of violating the watering restrictions or water conservation provisions set forth in Sections 3 [3-2-3 ] and 4 [3-2-4 ] above, shall be subject to fines and penalties in accordance with the Capitan Criminal Code, Section 6-1-6. For the purposes of this section, each instance of illegal watering shall be considered a separate offense.

In the event a Water Emergency is declared by the Village, any person found guilty of violation of the water restrictions set forth therein shall be subject to fines and penalties in accordance with the Capitan Criminal Code, Section 6-1-6. For purposes of this section, each instance of violating the Water Emergency Resolution shall be considered a separate offense.

Top of Page     Ordinance Index Page
ARTICLE 3

SEWER DEPARTMENT
(STATE LAW: NMSA 3-22-1 and 3-16-1 et seq., 1978 Comp.)

3-3-1     Definitions
3-3-2     Administration
3-3-3     Use of Funds
3-3-4     Connections
3-3-5     Connection Fee
3-3-6     Service Fees
3-3-7     Connection, Inspection Required
3-3-8     Prohibited Discharge
3-3-9     Grease, Oil and Sand Interceptors
3-3-10   Connection Required
3-3-11   Mandatory Charges
3-3-12   Unlawful Habitation
3-3-13   Nuisances
3-3-14   Dumping Fees

3-3-1 DEFINITIONS:

A.        The words "Plumbing Code" shall mean the latest edition of the plumbing code of the State of New Mexico.

B.        The words "plumbing inspector" shall mean the New Mexico State Plumbing Inspector or the plumbing inspector for the Village.

C.        The word "sewage" shall mean a combination of the water carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground surface and storm waters as may be present.

D.        The word "sewer" shall mean a pipe or conduit for carrying sewage.

E.        The words "public sewer" shall mean a sewer controlled by public authority.

F.        The words "sewage treatment plant" shall mean any arrangement of devices and structures used for treating sewage.

3-3-2 ADMINISTRATION:

The control, management, and supervision of the sewer system of the Village of Capitan is hereby vested in the Village Clerk and/or Utility Supervisor, or their designated representatives. The Village Clerk, Utility Supervisor or designated representative shall have full charge and direction of such department and all employees therein, and shall make such reports as required by the Board of Trustees.

3-3-3 USE OF FUNDS:

The funds received from the sewer charges and from permits to make connections or opening into the public sewer shall be receipted into the "Water and Sewer Revenue Fund" of the Village. All funds received shall be used for the operation, maintenance and extension of the sewer system and for the retirement of sewer revenue bonds as provided by law. All receipts and expenditures shall be audited by an approved accountant.

3-3-4 CONNECTIONS:

No person shall make any connection or opening into any public sewer unless a permit to do so shall be issued by the Village. Such connection or opening into any public sewer may be performed by the sewer department of the Village or by a regular plumber licensed under the laws of the State of New Mexico.

3-3-5 CONNECTION FEE:

The fee for obtaining a permit for each connection into the public sewer shall be the current fee for such publicized by the Board of Trustees; which fee shall not be less than TWO HUNDRED TWENTY FIVE ($225.00) DOLLARS through December 31, 1998. As of January 1, 1999, said fee shall be not less than ONE THOUSAND ($1,000.00) DOLLARS for each connection and which shall be paid to the Village upon the application for such permit. [amended by 3-3-5 of Ord 99-1]

3-3-6 SERVICE FEES:

The Village shall charge and collect from all users of sewer lines and the sewage system, a monthly service charge as hereby set forth:

    A.    For all single family dwellings the charge shall be eight ($8.00) dollars, excluding New Mexico gross receipts taxes;

    B.    For all other dwellings, including duplexes, apartments, rooming houses, trailer courts, and any other multiple family dwellings, the charge shall be eight ($8.00) dollars per each occupied unit or space, excluding New Mexico gross receipts taxes.

    C.    For all commercial establishments, schools and industries the charge shall be ten ($10.00) dollars, plus ten (10%) percent of that month's water charge, excluding New Mexico gross receipts taxes.

    D.    Residential and Commercial Base Rates were increased one ($1.00) Dollar per year per connection on October 1, 1997, and January 1, 1998, and will increase one ($1.00) dollar on January 1, 1999.

    E.    All users outside the Village limits shall be charged and there shall be assessed an amount three (3) times greater than the charge of the category in which they would be charged if they were located within the Village limits. [amended by 3-3-6 of Ord 99-1]

3-3-7 CONNECTIONS, INSPECTIONS REQUIRED:

All plumbing installations made on private property and the subsequent building connections to the public sewer must be inspected by the plumbing inspector and/or his designated employee of the Village and must meet the requirements of the plumbing codes of the State of New Mexico.

3-3-8 PROHIBITED DISCHARGE:

It shall be unlawful for any person or entity to discharge into the sewer system any toxic, poisonous, flammable, or corrosive substance, or suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.

3-3-9 GREASE, OIL AND SAND INTERCEPTORS:

Grease, oil and sand interceptors shall be provided when, in the opinion of the Village Clerk, Utility Supervisor, and/or their designated representative, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand and other harmful ingredients. All interceptors shall be of a type and capacity approved by the Village Clerk, Utility Supervisor and/or their designated representative, shall be located as to be readily and easily accessible for cleaning and inspection, and shall meet the requiremen ts set forth in the Plumbing Code of the State of New Mexico.

3-3-10 CONNECTION REQUIRED:

All occupied property in the Village, used for human habitation or occupancy, which is capable of being serviced by the Public Sewer System shall be connected with the Public Sewer System; and no person shall maintain, use or operate a privy, cess pool or septic tank located on property which can be served by the Public Sewer System; provided that no person shall be required to cross the private property of any other person to make such sewer connection. Where no public sewer line is accessible, septic tanks and seepage facilities, as approved by the New Mexico Environment Department, shall be installed. A written or printed notice to connect with the Public Sewer System shall be given by order of the Board of Trustees to all owners or occupants of property which is not connected with the system but which is capable of being served by the Public Sewer System, and unless the time for connection be extended by the Board of Trustees, all connections shall be made within thirty (30) days after the mailing of the required notice.

3-3-11 MANDATORY CHARGES:

For the purpose of maintaining, enlarging, constructing and repairing the sewage facilities and for paying the interest and principal on revenue bonds issued for the construction of the public sewer, in addition to other remedies provided herein for the enforcement of this article, after giving notice to the owner or occupant to connect to the public sewer as provided in the preceding section, the Village shall proceed to charge and collect from such owners or occupant the applicable monthly sewer service charge as scheduled in Section 3-3-6 of this Article; all as provided for in 3-26-2 of NMSA, 1978 Comp. Payment of the applicable monthly service charge shall not relieve the owner or occupant of any property capable of being served by the public sewer system from the obligation imposed by this Article to connect to the public sewer.

3-3-12 UNLAWFUL HABITATION:

It shall be unlawful for any persons to use, as a place of human habitation, any building within the Village not equipped with proper plumbing and having sewer or septic tank connections. It shall be unlawful for the owners of any building used as a place of human habitation and not having proper plumbing, and a sewer or septic tank connection, to allow the same to be used as a living quarters, or rent the same for purposes as such.

3-3-13 NUISANCES:

All places of human habitation within the Village not equipped with proper plumbing and connected to sewer lines, or a septic tank, are hereby declared to be nuisances and are prohibited, and all remedies for the abatement of such nuisances may be used, and penalties provided for in this Article shall not affect the rights of the Village to such remedies.

3-14 DUMPING FEES:

The following sewer dumping fees shall apply to dumping of liquid waste into the Village sewer system from residential septic tanks within the Village of Capitan:

    500 gallon tank     $12.50
    750 gallon tank     $18.75
    1000 gallon tank     $25.00
    1200 gallon tank     $30.00
    1500 gallon tank    $37.50

Liquid waste will only be accepted from residences within the Village limits with proof of a transporter certificate. The transporter certificate must show the resident's name and address.

Top of Page     Ordinance Index Page
ARTICLE 4

HEALTH AND SANITATION
(State Law: NMSA 3-48-1 et seq., 1978 Comp.)
3-4-1     Definitions
3-4-2     Authority of the Village Clerk
3-4-3     Containers For Garbage
3-4-4     Containers For Refuse
3-4-5     Lids and Covers of Trash Containers
3-4-6     Placement of Cans
3-4-7     Inspection of Trash and Garbage Receptacles
3-4-8     Depositing Garbage or Refuse in Other Than Authorized Containers Prohibited
3-4-9     Burning of Refuse
3-4-10   Hauling of Garbage or Refuse
3-4-11   Scavengers of Cardboard Collectors
3-4-12   Medical Waste
3-4-13   Throwing or Draining Refuse into Rivers, Streams, and Bar Ditches
3-4-14   Unlawful Disposal of Refuse
3-4-15   Persons Liable for Payment of Fee for Garbage Disposal
3-4-16   Fees
3-4-17   Contract for Services

3-4-1 DEFINITIONS:

    A.    "Trash" means all putrescible and not putrescible solid wastes including garbage, rubbish, ashes, dead animals, fallen trees, tree limbs, yard clippings, grass cuttings, yard cleaning, and solid market and industrial wastes, but shall not include debris resulting from construction, reconstruction or repairs of premises.

    B.    "Garbage" means all putrescible wastes from kitchens, pantries, dining rooms, or other parts of hotels, restaurants, boarding houses, tenement houses, dwelling houses, markets, meat or poultry houses, factories or any other place where meats, fish, fowl, fruits or vegetables are prepared for food for consumption and all household waste containing organic matter that have resulted from the preparation of foods or other such worthless, offensive matter, that accumulation of which may create a nuisance or may be deleterious to public health or offensive to sight or smell.

    C.    "Refuse" means non-putrescible solid waste such as cinders, ashes, waste paper, excelsior, rags, wooden, cardboard or paper boxes, bottles, broken ware, tin cans, metal scraps, small mechanical parts, shavings, floor sweepings, and all other things of a similar nature but shall not include debris resulting from construction, reconstruction, or repair of premises fallen trees, tree limbs, yard clippings, grass cuttings, yard cleansing, or other waste matter that is not properly contained as hereinafter provided.

    D.    "Residence" means any building or structure used solely as a family domicile including single or multi-family dwelling units, apartments, rooming houses, and boarding houses but shall not include hotels, tourist cabins, motels, motor courts, trailer courts, or apartment hotels.

    E.    "Business, Commercial Establishments or Institution" means any building, structure, or premises not defined as a "residence".

    F.    "Commercial Garbage" means any garbage produced by a "business, commercial establishment or institution".

3-4-2 AUTHORITY OF THE VILLAGE CLERK:

The Village Clerk, in order to protect the health and safety of the people of the Village, shall implement and enforce the provisions of this Article, to control the storage, collection and disposal of refuse within the Village and assess a reasonable general sanitation fee of each owner, occupant, tenant, or lessee using or occupying any building, house, structure or grounds.

3-4-3 CONTAINERS FOR GARBAGE:

Each owner, occupant, tenant or lessee using or occupying any building, house, structure or grounds within the boundary of the Village shall be provided with water-tight containers [polycart] for garbage. Residential garbage must be drained of all liquids and sacked or wrapped in plastic before the parcel is placed in polycarts. Garbage containers [polycart] shall be maintained in a sanitary condition and shall be thoroughly cleaned as needed.

3-4-4 CONTAINERS FOR REFUSE:

In addition for the receptacles specified for garbage, each owner, occupant, tenant, lessee using or occupying any building, house, structure or grounds within the Village shall provide receptacles for holding refuse as set forth in this Article.

    A.    Each resident must use the same containers for refuse as those specified for garbage in this Article.

    B.    Each business or commercial establishment will be provided with a polycart or dumpster. Dumpsters and polycarts shall be maintained in a sanitary manner.

    C.    All large refuse such as boxes, cartons and crates shall be collapsed before being placed in containers. Ashes shall not be placed in the same receptacle with any inflammable substances but shall be placed in separate metal containers. All ashes shall be soaked with water to extinguish any live embers. Ashes and any debris which results from the construction, or repairs of premises shall not be placed with other trash for collection, it shall be disposed of directly by the workmen or person or persons owning occupying or leasing the premises wherein such debris is accumulated.

3-4-5 LIDS AND COVERS OF TRASH CONTAINERS:

The lids or covers of containers [polycarts] shall be at all times kept secure so that flies and other insects may not have access to the contents thereof; such lids or covers shall only be removed while the containers and receptacles are being filled, emptied or cleaned.

3-4-6    PLACEMENT OF CANS:

Receptacles or containers of the type used for garbage or residential refuse shall be placed in the front of the residence next to the driveway or in the street easement. This location will facilitate collection in all weather conditions.

3-4-7    INSPECTION OF GARBAGE AND TRASH RECEPTACLES:

The Village Clerk may require inspections to secure compliance with this Article with reference to receptacles for garbage and refuse. The Village Clerk shall notify the owner or occupants of the property upon which violations occur. The Village Clerk, Utility Supervisor, and/or their designated representative, shall upon permission of the owner or occupant have the right to enter commercial and business establishments for inspection purposes. These provisions for inspection shall in no way lin-tit the right of representatives of the State or local health department or representatives of the building or fire departments from inspecting the premises of any commercial or business establishment and enforcing abatement of unsanitary or unsafe conditions found therein. If necessary, action to remedy a violation as set forth in this Article is not taken within fifteen (15) days, the Village Clerk shall file a complaint in Municipal Court.

3-4-8    DEPOSITING GARBAGE OR REFUSE IN OTHER THAN AUTHORIZED CONTAINER PROHIBITED:

The owner, occupant, tenant or lessee of any premises within the Village shall be responsible for the sanitary conditions of the premises occupied by him, and no person shall keep in or about any premises occupied by him any garbage or refuse and herein defined unless the same is kept in authorized containers or for any person to bury, dump or deposit or cause to be buried, dumped or deposited upon any street or alley or premises, any garbage, refuse or trash of any kind whatsoever.

  3-4-9 BURNING OF REFUSE:

All burning of trash in the streets and alleys in prohibited. Where not prohibited, refuse may be burned on private premises in any incinerator which has been approved by the fire chief or health authority of the Village. No garbage shall be burned. No cans, cartons, wrappings, containing food or organic waste, hair, wool, rubber, plastic or any other substance which would create offensive, obnoxious, or dangerous fumes or odors shall be burned.

3-4-10 HAULING OF GARBAGE OR REFUSE:

No person shall haul or cause to be hauled on or along any public street or alley in the Village any garbage or refuse unless such materials shall be contained in vehicles or receptacles so constructed as to prevent the contents from falling, leaking, blowing, or spilling therefrom, any odor escaping therefrom and to prevent any flies, insects or rodents from having access to the contents thereof.

Every person who hauls any refuse on or along any street or alley of the Village shall immediately pick up any refuse which falls from his vehicle or conveyance and replace it into the vehicle or conveyance.

3-4-11 SCAVENGERS:

No person not authorized by the owner of a trash container shall remove the lid from such trash container in order to remove, collect or disturb the trash stored in such container. No person shall remove any trash from a container or scatter the same upon a public alley, street or sidewalk. No person shall tip over or scatter any trash or garbage.

3-4-12 MEDICAL WASTE:

No person shall deposit any medical waste including needles or syringes in any container that is accessible to children.

3-4-13 THROWING AND DRAINING REFUSE INTO RIVERS, STREAMS, AND BAR DITCHES:

It shall be unlawful for any person to drain any water, slop or other substance whatsoever, or to throw cans, wire, broken glassware, crockery, bottles, bones, weeds, rubbish cast off clothing, shoes paper, dead animals, or any other filth or trash of any kind whatsoever into the rivers, streams, or bar ditches within the Village.

3-4-14 UNLAWFUL DISPOSAL OF REFUSE:

It shall be unlawful to discard refuse:

    A.     On public property in any manner other than by placing the refuse in a receptacle provided for that purpose by any responsible governmental authority, or otherwise in accordance with lawful directions; or

    B.    On private property not owned or lawfully occupied or controlled by tile person, except with the consent of the owner, lessee, or occupant thereof.

The use of Uniform Traffic Citations is authorized for the enforcement of this Article.

3-4-15 PERSONS LIABLE FOR PAYMENT OF FEE FOR GARBAGE REMOVAL:

Each owner, lessee, tenant or occupant of any premises where garbage, refuse and trash is created, accumulated or subject to collection who is a resident or responsible party with a Village water tap, pursuant to this Article [3-5-2 ], in the Village of Capitan, New Mexico shall pay the Village for collection of garbage, refuse and trash.

3-4-16 FEES:

The Village shall charge and collect from all residences and commercial establishments benefitting from garbage, refuse and trash pick-up, a monthly service charge as hereby set forth:

    A.    For all single family dwellings the charge shall be Nine and 25/100 ($9.25) dollars;

    B.    For all other dwellings, including duplexes, apartments, rooming houses, trailer courts, and any other multiple family dwellings, the charge shall be Nine and 25/100 ($9.25) dollars for each occupied unit or space.

    C.    For all commercial establishments, schools and industries utilizing dumpsters, the charge shall be Twenty-nine and No/100 ($29.00) Dollars per establishment for dumpster service.

    D.    For all commercial establishments utilizing a polycart, the charge shall be Fifteen and No/100 ($15.00) Dollars for polycart service.

    E.    For non-profit organizations utilizing no more than one polycart, the charge shall be Ten and No/100 ($10.00) Dollars. In order to qualify for this rate, the non profit organization must present documentation to the Village Clerk evidencing its recognition as a non-profit organization under the laws of the United States and the State of New Mexico.

3-4-17 CONTRACT FOR SERVICES:

    A.    The Village of Capitan shall contract for the collection of residential and commercial garbage, refuse and trash within the confines of the Village.

    B.    As a part of said Contract, the Contractor shall provide a "poly-cart" to each residence for solid waste collection.

Top of Page     Ordinance Index Page
  ARTICLE 5
UTILITY PAYMENTS, LIENS, DEPOSITS AND FEES

3-5-1   Application for Utility Service
3-5-2   Responsibility for Payments, Liens and Deposits
3-5-3   Connect or Turn-on Fee
3-5-4   Returned Checks
3-5-5   Utility Bills; Payment; Penalty
3-5-6   Delinquent Charges Must Be Paid in Full

3-5-1 APPLICATION FOR UTILITY SERVICE:

Application for utility service shall be made to the Village Clerk by the owner or authorized agent of the owner of the property to be benefitted designating the location of the property, stating the purpose for which the utilities will be used, and designating a permanent mailing address for the owner or owner's authorized agent so that notices regarding payments, delinquencies, liens and deposits may be sent by the Village to the owner. The owner must notify the Village Clerk or his/her designee, in writing, of any change of said address and must notify the Village Clerk of the permanent mailing address if that information is not on file at the time this Article is adopted by the Village.

3-5-2 RESPONSIBILITY FOR PAYMENTS, LIENS & DEPOSITS:

    A.        All charges imposed in this Article, along with interest as provided by law and all costs, expenses, and attorney fees incurred in enforcing the same, are:

        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. The lien shall be filed and enforced as provided by law.

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

    C.        The person(s) in whose name the utility service is ordered shall post a deposit prior to the installation of utility service by the Village. If the person(s) ordering the utility service is the owner of record of the property, he will be required to post a security deposit of $100.00 prior to the installation of any utility service. If utility bills are paid on time for a period of four years, the security deposit will be refunded by the Village. For utility service ordered by tenants the person in whose name the utility service is ordered shall be required to post a security deposit of $150.00 prior to the installation of any utility service. In the event a water meter serves more than one unit, then the deposit shall be multiplied by the number of units serviced by the water meter.

    D.        Delinquent charges may be satisfied in whole or in part by drawing upon the deposit. At such time as the deposit is used to satisfy a delinquent charge, the Village shall cause to be sent a Notice of Delinquency to the property owner (if the service is being provided to a tenant) to the most recent address provided by said property owner pursuant to the provisions of this Article [3-5-1 ] above. Thereafter, the Village may file a lien on the property served as set forth above in this Article [3-5-2(A)], and proceed in accordance with the provisions of Section 3-36-1 et seq. N.M.S.A. (1978 Comp.)

3-5-3 CONNECT OR TURN ON FEE:

There shall be a charge of twenty ($20.00) dollars for administrative costs for water being turned on or off at the meter, or for reconnection.

3-5-4 RETURNED CHECKS:

There shall be an additional service charge of fifteen ($15.00) dollars for any check returned to the Village of Capitan as unpaid.

3-5-5 UTILITY BILLS; PAYMENT; PENALTY:

Water meters shall be read monthly; and, if need be, statements for service may be billed in pre-arranged monthly customer cycles to expedite billing and payment. All utility bills shall be and become due and payable fifteen (15) days after the mailing of a statement thereof on the respective billing cycle date. Should payment not be received within thirty (30) days of the due date, a five dollar ($5.00) late fee will be assessed, and the Village Clerk shall, in the normal course of business, have the water meter turned off. The meter shall thereafter be checked periodically; and, should it show usage, said meter shall be removed forthwith by the Village; and a charge of fifty dollars ($50.00) shall be levied for said removal. A fee of seventy-five dollars ($75.00) shall be charged by the Village for replacing any meter removed, pursuant to this Article [3-1-5]. In addition, any person tampering with a meter may be subject to additional penalties under Section 3-1-16, herein.

3-5-6 DELINQUENT CHARGES MUST BE PAID IN FULL:

In case there are any delinquent water charges and the water meter has been turned off and/or removed, service shall not be reinstated until all past due charges, penalties, interest, and any charges incurred, including deposit and payment for reinstallation of meter (if applicable) have been paid in full.

SECTION 4: SEVERABILITY:

If any section, subsection, paragraph, sentence, clause or phrase or part hereof is for any reason declared unconstitutional or invalid, the validity of the remaining portions hereof shall not be effected since it is the express intent of the Village of Capitan to pass each section, subsection, paragraph, sentence, clause or phrase and every part thereof separately and independently of every other part.


PASSED, APPROVED AND ADOPTED this ___ day of November, 1998.

Norm Renfro, Mayor

ATTEST:

Deborah Cummins, Village Clerk

Top of Page     Ordinance Index Page