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:

(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.

History: 1953 Comp., § 14-49-4, enacted by Laws 1965, ch. 300.

Conditions for assessment. — Assessments are permitted in two situations: (1) upon the failure to pay the amount provided by ordinance for the removal of the garbage, and (2) when garbage is not placed in proper receptacles within 48 hours after it is thrown, left or deposited on the premises and the municipality performs a special clean-up or pick-up service. City of Hobbs v. Chesport, Ltd., 1966-NMSC-158, 76 N.M. 609, 417 P.2d 210.

Cost of removal. — While this section refers to the cost of removal, this means the expenses of garbage collection and disposal. City of Hobbs v. Chesport, Ltd., 1966-NMSC-158, 76 N.M. 609, 417 P.2d 210.

Conditions for assessment against property. — This section provides two circumstances under which an assessment can be made against property: (1) where a person owning or controlling the property shall fail or refuse to pay the amount required to be paid for the removal of garbage, and (2) where garbage is left or deposited on premises, and such person refuses to remove the same within 48 hours after it has been left on the premises. If either of these events occur, an assessment can be made against the property which eventually will mature into a lien against such property. 1956 Op. Att'y Gen. No. 56-6421 (issued under prior law).