Solid Waste Control

SANDOVAL COUNTY ORDINANCE NO.:

AN ORDINANCE RELATED TO

DISPOSAL AND DUMPING OF WASTE, TRASH AND REFUSE

AND DECLARATION OF HEALTH AND SAFETY HAZARD

BE IT HEREBY ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF SANDOVAL COUNTY, NEW MEXICO that:

WHEREAS, there exists a hazardous situation in an area of Sandoval County caused the unlawful dumping of trash and other debris; and

WHEREAS, the problem exists in that area of Sandoval County extending north from the Bernalillo County/Sandoval County line to Highway 550, extending west to the Rio Puerco and extending east to the municipal limits of the Town of Bernalillo and the City of Rio Rancho (excluding municipalities and tribal lands); and

WHEREAS, the dumping of this debris presents a public nuisance and a serious hazard to the public health, safety and welfare; and

WHEREAS, this situation is on-going and constitutes an emergency in that such dumping is a threat to the public health, safety and welfare.

NOW, THEREFORE, based upon the foregoing, the Board of County Commissioners of Sandoval County, New Mexico ordains:

1. Definitions.

For the purpose of this article the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Board of county commissioners. The Board of Commissioners of Sandoval County.

Commercial solid waste contractor. Any person transporting solid waste for hire by whatever approved means for the purpose of transfer, processing, storing or disposing of the solid waste in a solid waste facility. The term does not include an individual transporting solid waste generated on or from one's residential premises for the purpose of disposing of it in a solid waste facility.

Construction and demolition (C&D) debris. Materials generally considered water insoluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt, roofing materials, pipe, gypsum wallboard and lumber from the construction or destruction of a structure, and includes rocks, soil, tree remains, trees and other vegetative matter that normally results from land clearing. If debris is mixed with any other types of solid waste, it loses its classification as C&D debris. Construction and demolition debris does not include asbestos or liquids, including, but not limited to waste paints, solvents, sealers, adhesives or potentially hazardous materials.

County manager. The county manager or designated representative.

Debris. Any substance of little or no apparent economic value, including but not limited to deteriorated lumber, old newspapers, furniture parts, stoves, sinks, cabinets, household fixtures, refrigerators, car parts, abandoned or neglected equipment, or the scattered remains of items.

Deterioration. The condition or appearance of a building, structure or part thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay, neglect, or lack of maintenance.

Dispose or disposal. Refers to the causing, allowing, or maintaining the abandonment, discharge, deposit, placement, injection, dumping, spilling, or leaking of any solid waste into or on any land or water.

Structure. Means a structure at least six (6) feet in height and tall enough to eliminate the public’s view, including neighbors, of the interior and meets all applicable building codes.

Exposed to Public View. Any premises, or any building, or any part thereof, which may be lawfully viewed by the public or any member thereof, from the sidewalk, street, alleyway, open-air parking lot, or from any adjoining or neighboring premises.

Fire hazard. Any thing or act which may increase or may cause any increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by the Fire Marshall’s Office, or which may obstruct, delay or hinder the prevention, suppression or extinguishments of fire.

Health Hazard. The presence of any items which adversely impact or jeopardize the well-being or health of an individual. Such items include human waste, medical or biological waste, sharp objects, gas use or combustible liquids, radioactive waste, dangerous or corrosive chemicals or liquids, flammable or explosive materials, asbestos, offal and decayed matter.

Inoperable Vehicle. Any motor vehicle that by reason of dismantling, disrepair or other reasons is incapable of being propelled under its own power.

Infestation. The apparent presence of unpleasant, damaging or unhealthily insects, rodents, reptiles or pests.

Litter. Decaying or non-decaying solid or semi-solid waste, including, but not limited to, both combustible or non-combustible waste, such as paper, trash, cardboard, waste material, cans, yard clippings, wood, glass, bedding, discarded appliances, discarded furniture, dry vegetation, dead or diseased trees, and piles of earth mixed with any of the above foreign objects, including inoperable vehicles.

Lot. A parcel or tract of land, platted or placed on the Sandoval County Clerk’s Record in accordance with applicable laws and Ordinances, generally as a portion of a subdivision intended for development purposes, including public right of way.

Garbage. Animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food.

Household waste. Any solid waste, including garbage and trash derived from households, including single and multiple residences, domiciles, campgrounds, picnic grounds and day-use recreation areas.

Open burning. The combustion of solid waste without:

A. Control of combustion air to maintain adequate temperature for efficient combustion;

B. Containment of the combustion reaction in an enclosed device to provide sufficient time and mixing for complete combustion; and

C. Control of the emission of the combustion products.

Owner. The property owner, whether or not residing on said premises.

Person. Any natural person or any firm, partnership, association, corporation, company, or organization of any kind.

Premises. An improved or unimproved structure, designed for private or commercial use.

Public place. Any land owned by the community (or open to common use) such as streets, sidewalks, boulevards, alleys, arroyos or other public ways and any and all public parks, spaces, grounds and buildings.

Public Nuisance. Creating, performing or maintaining any thing without lawful authority that may affect any citizen which is either injurious to public health, safety or welfare, or interferes with the exercise or enjoyment of a public right, including the right to use public property.

Refuse. Refuse means, but is not limited to, all solid waste including ashes, wastes or unwholesome material or any kind, street cleanings, dead animals, abandoned motor vehicles, vehicle parts and solid market and industrial waste.

Responsible party. Owner of any premises, whether vacant, improved or unimproved, used primarily for either residential, private or business purposes.

Rubbish. Includes but is not limited to all solid wastes both combustible and noncombustible, such as paper, cardboard, cans, wood, yard clippings, leaves, dirt, glass, bedding, crockery, and similar materials.

Site. A lot or combination of lots held in single ownership and requiring solid waste collection service; if several adjacent lots are owned by a developer at the time of building permit issuance, they will be considered separate sites.

Solid waste. Solid waste means, but is not limited to, any garbage, litter, refuse, rubbish, special waste, appliances, inoperable vehicles and other discarded materials originating from residential, business or industrial sources.

Storage. The accumulation of solid waste for the purpose of processing or disposal.

Yard refuse. Vegetative matter resulting from landscaping, land maintenance and land clearing operations.

Abandoned Vehicle. Abandoned vehicle means a motor vehicle which has remained for more than forty-eight (48) hours in the condition described by one (1) of the following:

1. Without license plates or temporary registration conspicuously displayed thereon; or

2. With license dates which have an expiration date more than ninety (90) days prior to the date of inspection

Blight or Blighted. Unsightly conditions, including but not limited to, the accumulation of debris; fences characterized by holes, breaks, rot, crumbling, cracking, peeling or rusting; landscaping that is dead, characterized by uncontrolled growth or lack of maintenance, or is damaged and any other similar conditions of disrepair and deterioration regardless of other properties in the area.

Zoning ordinance. Current Sandoval County Zoning Ordinances.

2. Exterior Premises and Vacant Land; General

A. All land, including exterior premises and vacant land, whether improved or unimproved, shall be maintained free from any accumulation of debris or blight, which includes, but is not limited to, graffiti on walls, fences or mail boxes, accumulation of litter, rubbish, refuse, waste material, bottles, paper, glass, cans, organic or inorganic material, inoperable or disabled vehicles, piles of mixed material, dry vegetation, rags, empty barrels, boxes, crates, packing cases, mattresses, bedding, lumber not neatly piled, lumber stored in front yards, scrap iron, tin and other metal not neatly piled, or anything whatsoever in which insects, rodents, snakes or other harmful pests may live, breed or multiply or which may otherwise create a health hazard.

B. Stored materials. It shall be unlawful to accumulate and store building material, lumber, boxes, cartons or other containers, machinery, scrap metal, junk, raw material, fabricated goods and other items in such manner as to constitute a public nuisance or rodent harborage.

C. Exterior insect, rodent and animal control. All premises shall be kept free from insect and rodent infestation and other noxious pests. The provision shall not require action to disturb the natural activity of bees, rabbits, or other insects and animals where such activity is not a danger or nuisance to any resident or residents of the area and where other applicable legal requirements are met.

D. Drainage. All premises shall be maintained so as to prevent the accumulation of stagnant water when such water causes a hazardous or unhealthy condition, or becomes a breeding area for insects.

3. Exterior Premises; Storage of Inoperable or Abandoned Vehicles

A. Outdoor storage of inoperable or abandoned vehicles or parts thereof on the premises is prohibited. Inoperable or abandoned vehicles may only be stored on the premises within a building or enclosure so as not to be visible from any adjoining property or public road. Vehicles shall not be used for storage or other purposes unless enclosed within a building or solid fence on the premises.

B. Exceptions.

1. This section shall not apply in an area where such activity is within the contemplated purposes of a duly licensed business with the appropriate zoning, or where such vehicles are kept in an enclosed structure, or when vehicles are owned and actively being restored if within the last thirty (30) days the owner has spent at least ten (10) hours of labor in repairing, rebuilding or reconstruction of a motor vehicle. The burden shall be on the owner of the vehicle to prove that it is being actively restored which may include receipts for the purchase of parts and supplies during the last thirty (30) days which have been installed on the vehicle.

2. Any person, being owner or tenant, may store, permit to be stored or allow to remain upon his residential premises, any dismantled, partially dismantled or inoperative motor vehicle, or parts thereof, for a period not to exceed one (1) month, if such motor vehicle is registered in the resident’s name; or

3. One (1) inoperable or abandoned vehicle may be stored upon property within the City when not within a wholly enclosed structure, if fully covered and placed in the side or back yard. Any such vehicle must be at least five (5) feet from any property line and at least five (5) feet from any permanent structure.

C. Extension. Any person violating this Section may, in the event of hardship, request an extension of this Article’s compliance period by a written request to the Planning & Zoning Director or his/her designee.

D. This Section shall not be construed to permit the parking or placement of inoperable or abandoned motor vehicles on any public street. Placement of inoperable or abandoned vehicles on any public street is subject to enforcement by the Sandoval County Sheriff’s Department or by the County Planning & Zoning Department.

4. Exterior Premises; Anti-Litter

A. Litter in public places. No person shall throw or deposit litter in or upon any street, sidewalk, or other public place within the area except in public receptacles, which are approved for collection or at a state approved sanitary landfill.

B. Placement of litter in receptacles so as to prevent scattering. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such manner as to prevent it from being carried or deposited by the elements or by animals upon any public or private place, Receptacles shall not be placed or positioned in a manner which may constitute a public nuisance or obstruction.

C. Unlawful dumping or disposal of solid waste. It shall be unlawful to dispose of solid waste in any manner other than as specified Section 5, Solid Waste Ordinance of Sandoval County.

1. Unlawful to dump in arroyo, stream, bed, drainage ditch, fountains or body of water. It shall be unlawful for any person to place or dump solid waste or debris in any arroyo, stream bed, drainage ditch, public fountain or any public body of water within the boundaries of the County.

2. Dumping on property. It shall be unlawful for any person to place or dump solid waste or debris on any property within the County whether owned by such person or not.

3. Vacant lots or lands which have been the subject of repeated dumping shall be secured to prevent future occurrences of dumping. Methods of securing vacant lots or lands must be approved and may include permanent fencing, ditch or berm, or placement of four (4) foot high posts at four (4) foot intervals. Signs stating "no dumping" shall be erected in accordance with applicable ordinances on vacant lands which have been subject to dumping on more than one (1) occasion.

D. Transportation of solid waste. No person shall drive or move any vehicle within the County that has been loaded with solid waste unless such solid waste is covered or securely loaded in such a manner to prevent littering.

5. Dumping, accumulating and scattering of solid waste.

A. Dumping. No person shall discard solid waste anywhere outdoors within the boundaries of this area except at a time and place approved for collection of that person's solid waste. No person shall place solid waste in the solid waste receptacle of another person without permission.

B. Unauthorized accumulation. It shall be unlawful to allow any solid waste to collect or accumulate on any lot or other premises within the area. Any such unauthorized accumulation or collection is hereby declared to be a nuisance and is prohibited.

C. Scattering of solid waste. No person shall cast, place, sweep, or deposit anywhere in the area any solid waste in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, parkway, sewer, ditch, arroyo, other public place, vacant lot, or into any premises within the county.

D. Accumulation of C&D debris. Debris resulting from construction or demolition of structures may be collected within an active construction site if and only if the solid waste is contained in such a manner that it will not be carried or deposited by the elements upon any street, sidewalk, parkway, sewer, ditch, arroyo, other public place, vacant lot, or into any premises within the county.

E. Burden of proof. In the event any person's name or other identification is affixed or found on any illegally disposed of solid waste or rubbish, such evidence shall constitute prima facie evidence and presumptive proof of a violation of this article; the burden of proof to establish a non-violation of this article shall be on such person(s).

F. Accumulation for recycling. Notwithstanding other provisions of this article, any person may accumulate and collect recyclable materials for the purpose of recycling it, provided that any collection point:

1. Conforms to zoning articles and regulations;

2. Is not on public right-of-way;

3. Is constructed so that the rubbish is contained at the collection point in compliance with subsection (c) above;

4. Is shielded from public view; and

5. Is registered with or permitted by NMED as a recycling facility.

G. Notice of violation. Any such person who violates any provisions of this article shall be issued a notice of violation. If the person fails to remedy violation within the specified time, then the county will require corrective action be started at the site immediately at the expense of the owner, and charge a lien on the property if payment is not received within 30 days of receipt of billing.

H. Urgent work. If, in the judgment of the county manager or his/her designee, safety or public health is at risk, or the public interest requires that site be cleaned rapidly, the county manager may require the owner to employ sufficient manpower supplied by the owner to clean the site within 24 hours. If the person fails to remedy the violation within the specified time, then the county will require corrective action be started at the site immediately, at the expense of the owner, and may place a lien on the property to recover the actual clean-up costs.

I. Inspection. The county manager or his/her designee may make such inspections as are reasonably necessary in the enforcement of this article.

6. Burning of garbage.

No garbage, solid waste, or debris shall be burned within the county. Fire permits may be obtained by the county fire marshal's office for certain types of yard refuse.

7. Public Nuisance

It is unlawful to commit public nuisance. Public nuisance consists of knowingly creating, performing, or maintaining anything affecting any number of citizens without lawful authority which is either injurious to public health, safety, morals, or welfare, or interferes with the exercise and enjoyment of public rights including the right to use public property.

8. Nuisance Declared

In the interest of the inhabitants of the area it is necessary to prohibit the accumulation of junk, trash, and refuse on property within the area by declaring such accumulation a nuisance. The following are hereby declared to be a public nuisance:

A. Unoccupied Premises. It shall be unlawful for any reason for any person to sweep, place, or throw solid waste or other waste materials in or upon any sidewalk, street, alley, or unoccupied premises.

B. Unsanitary Premises. It shall be unlawful for any person to permit or cause to remain in or about his premises any solid waste, weeds, motor vehicles not in operating condition, waste water or any conglomeration of residue thereof, which emits odors or serves as a feeding or breeding place for flies, insects or rodents. The accumulation of building materials, pipes, lumber, or boxes may be maintained on said premises if said accumulation is evenly piled and stacked for a reasonable length of time.

C. Hazardous Premises. It shall be unlawful for any person to permit in or about his premises weeds, briars, brush, or any other solid waste to become in any way hazardous or injurious to public health or to obstruct pedestrian and vehicular traffic.

D. Obstruction of Fire Protection Equipment. No person shall place or keep any post, fence, vehicle, growth, trash storage, or other material or thing near any fire hydrant, fire department connection or fire protection system control valve that would prevent such equipment or hydrant from being immediately discernible or in any other manner deter or hinder the firefighters from gaining immediate access to said equipment or hydrant.

E. Accumulation of Solid Waste.

(1) It shall be unlawful for any person to allow any solid waste to accumulate upon premises, owned, leased, rented or occupied by him during intervals between collection thereof, except in the manner herein provided.

(2) It shall be unlawful to deposit any solid waste in or upon the streets, alleys, sidewalks, gutters, curbing, storm sewers, parkways, or vacant lots within the area except in the manner and in the receptacles or container as provided in Section 7.

F. Solid Waste Receptacles. All solid waste receptacles shall be maintained in a clean and sanitary condition by the owner or person using the receptacle and such receptacles shall be located only in such places as shall be readily accessible for removing and emptying the same, but shall not be placed in such place or position as may constitute a nuisance or obstruction to vehicular or pedestrian traffic.

G. Outdoor Vehicle Storage; Prohibited Acts; Exceptions.

(1) It is unlawful for any person, firm or corporation to store on, place on, or permit to be stored or placed on, or allowed to remain on any occupied or unoccupied land within the area limits, a dismantled, partially dismantled, not properly registered, or inoperative motor vehicle, or any parts of a motor vehicle, except in businesses and are kept in a wholly enclosed garage or structure.

(2) Exceptions. Any person, being owner or tenant, may store, permit to be stored or allow to remain upon his premises, any dismantled, partially dismantled, or inoperative motor vehicles, or parts thereof, for a period not to exceed one (1) week if such motor vehicle is registered in his name; and provided further that any such owner or tenant may, in the event of hardship, secure permission from the County to extend such period of time.

(3) Definitions. As used in this section, the following terms shall have the following meanings:

(a) "Motor Vehicle" means any wheeled vehicle which is self-propelled or intended to be self-propelled

(b) "Inoperative" or "Inoperable Motor Vehicle" means any motor vehicle which, by reason of dismantling, disrepair, or other cause, is incapable of being propelled under its own power.

(c) "Dismantled" or "Partially Dismantled Vehicle" means any motor vehicle from which some part or parts which are ordinarily a component thereof have been removed or are missing.

(4) This section shall be construed as being supplementary to any sections of this Ordinance relating to rubbish, litter, refuse, and shall not be construed to permit the parking or placing of dismantled, partially dismantled, or inoperable motor vehicles on any public street.

9. Notice of Nuisance

Any County Sheriff’s officer, upon observing any violation of this Ordinance shall issue a notice directed to the owner of record of the property on which the nuisance occurs, or to the occupant or tenant of the property, or both. The notice shall describe the violation and shall establish a reasonable time limit for abatement thereof by the owner occupant or tenants, which limit shall be not less than two (2) days or more than thirty (30) days after service of the notice. The notice may be served either personally or by registered mail at the owner’s or occupant’s last known address.

10. Complaint

In the event the owner or occupant of the property where the nuisance violation of this Ordinance exists, has failed, within the prescribed time, to abate the nuisance, then any law enforcement police officer, shall file a compliant charging violation of this Ordinance with the Magistrate Court demanding that the owner of the property, or the occupant thereof, or both, be held to answer to the Court for the violation of this Ordinance.

11. Removal of Nuisance

In the event that a person is convicted of violating this Ordinance and still refuses to remove the junk, trash or refuse, the County may enforce this section in any manner consistent with law. Should the person refuse or fail to pay the assessment, the County shall collect such assessment as provided by law.

12. Injunction

The County Sheriff, when a nuisance exists as set forth in this Ordinance, may maintain a complaint in the name of the County, perpetually, to enjoin all persons from maintaining or permitting the nuisance and to abate the same.

13. Penalty.

Any person convicted of a violation of the provisions of this article or any regulation promulgated hereunder shall be guilty of a misdemeanor and shall be subject to a penalty up to the maximum penalty allowed by state statute. Each day such violation is committed or permitted to continue shall be considered a separate offense and shall be punished as such.

The director of Sandoval County Planning & Zoning or his designee and the Code Enforcement Officers shall enforce this Ordinance, as shall deputies of the Sandoval County Sheriff’s Department. Such enforcement shall include the inspection of premises, the issuance of violations and the issuance of citations.

It shall be unlawful and a violation of this Ordinance for the owner, builder, agent, lessee or occupant of any lot within the described area of the County to allow solid waste or debris to accumulate upon such property or to allow materials to accumulate and in any way become hazardous or injurious to public health or to obstruct pedestrian or vehicular traffic. Any responsible party who causes, permits, facilitates or aids or abets any violation of any provision of this Ordinance shall be subject to enforcement as stated herein.

Any person violating the provisions of this Ordinance may be issued a notice of violation or a citation to magistrate court.

14. Injunctive relief.

The placement of solid waste which causes a nuisance or creates a potential or actual health hazard, shall be deemed, or declared to be, a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.

15. This Ordinance will be in effect for a period of one (1) year from the date of passage hereof.

16. At the end of that one (1) year period, this Ordinance will be automatically repealed unless specifically extended by the Board of County Commissioners.

BOARD OF COMMISSIONERS

OF SANDOVAL COUNTY

_____________________________

Jack E. Thomas, Chairman

_____________________________

Daymon Ely, Vice-Chairman

_____________________________

William Sapien

_____________________________

Elizabeth C. Johnson

________________________________

David Bency

ATTEST:

___________________________

Victoria Dunlap, County Clerk

APPROVED AS TO FORM:

___________________________

David Mathews, County Attorney

Sandoval County

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Solid Waste Control