3-23-6. Charge for service of municipal utility becomes a lien
219 words·~1 min read·
/nm/chapter-3-municipalities/article-23-public-utilities/3-23-6·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
against the property served; exception.
A. Any charge imposed by ordinance for service rendered by a municipal utility, including an entity established pursuant to Section 72-1-10 NMSA 1978, except as indicated in Subsection C of this section, shall be:
(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 NMSA 1978, and the effect of such filing shall be governed by Section 3-36-2 NMSA 1978.
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.
History: 1953 Comp., § 14-22-6, enacted by Laws 1965, ch. 300; 1971, ch. 225, § 1; 1981, ch. 213, § 2; 2011, ch. 117, § 2.