Eddy County Solid Waste, Illegal Dumping, and Nuisance Ordinance; and Repealing Eddy County Ordinance(s)

This is a new proposal ordnance for Eddy County. Hearing will be in the Commissioner Chamber on Tuesday The proposed ordinance 0-18-92January 2, at 8:30am for public comment. The proposed ordinance 0-18-92 Bellow is a DRAFT copy, the final copy was published in the Carlsbad Current Argus and Artesia Daily Record December 17,2017 or is available in the County Clerks Office. Contact your County Commissioner or show up to make comments. STATE OF NEW MEXICO COUNTY OF EDDY EDDY COUNTY ORDINANCE Eddy County Solid Waste, Illegal Dumping, and Nuisance Ordinance; and Repealing Eddy County Ordinance(s) _________________ Section 1. Short Title 1.0 This Ordinance may be cited as the "Eddy County Solid Waste, Nuisance and Illegal Dumping Management Ordinance". Section 2. Purpose 2.0 The purpose of this ordinance is to preserve and protect the health, safety and quality of life of the inhabitants, and visitors, of Eddy County, and to preserve and improve the environmental quality of Eddy County. This ordinance is intended to 1) monitor, control and eliminate illegal disposal and the unauthorized accumulation of solid waste, including scrap metal and junk vehicles and to institute administrative procedures to effectively manage solid waste generated in the unincorporated areas of Eddy County; 2) define, control and eliminate nuisances existing in the unincorporated areas of Eddy County and to institute administrative procedures to effectively manage and control nuisances existing in those areas; and 3) control and eliminate substandard, dangerous structures and conditions on real property located in the unincorporated areas of Eddy County and institute procedures to effectively manage and control those conditions. This Ordinance establishes and defines the authority of the County, establishes the responsibilities of both County enforcement personnel and individuals and businesses within Eddy County and outlines penalties and procedures for violation of this Ordinance. Section 3. Authority 3.0 This Ordinance is adopted pursuant to the authority granted to Eddy County under NMSA 1978, Section 4-37-1 et seq. Section 4. Definitions 4.0 For the purpose of this ordinance the following definitions shall apply unless the context clearly indicates or requires a different meaning: a) “Approved Fence Screening” A solid concealing fence constructed of wood, brick, metal, or other similar camouflaging materials, not less than seven (7) feet in height above the level of the ground, maintained in a sightly, safe and secure condition, approved by the Eddy County Community Services Department and erected prior to commencement of any business activity. b) “Ashes” The residue from the burning of wood, paper, coal, or other combustible materials. c) “Board” The Board of County Commissioners of Eddy County, New Mexico d) “Clear Sight” The unobstructed view from any vehicle traveling on any officially designated public roadway, alley or other public traffic access, as defined by the American Association of State Highway and Traffic Officials (AASHTO), or the New Mexico Department of Transportation. e) “Code Official or Code Enforcement Officer” The person holding the position of Eddy County Code Enforcement Officer, and shall include all officers working under his/her supervision and control in that department. Also included within the definition are the Eddy County Manager and duly appointed law enforcement officers of the Eddy County Sheriff’s Office. f) “Commercial Solid Waste” All solid waste emanating from business establishments such as stores, markets, offices, office buildings, restaurants, warehouses, shopping centers, and theaters, excluding residential, household and industrial wastes g) “Commercial Solid Waste Collection”All solid waste collection of commercial solid waste. h) “Commercial Solid Waste Contractor” Any person receiving or transporting solid waste for hire, by whatever means approved for transfer, processing, storing or disposing in a solid waste facility. This does not include private property residents and owners transporting their own solid waste generated on or from their personal residences or private land to a solid waste facility. i) “Construction and Demolition Debris” Materials generally considered to be water insoluble, and non-hazardous, 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 as part of a construction or demolition project, and includes rocks, soil, tree remains, trees and other vegetative matter that normally results from land clearing or land development operations for a construction project. Construction and demolition debris does not include asbestos or liquids, including but not limited to waste paints, solvents, sealers, adhesives or potentially hazardous materials. (NMSA 1978 74-9-3). j) “Convenience Center” A facility designed for receiving, handling, transfer and storage of residential solid waste received from the general public. k) “County” The area within the boundaries of the County of Eddy, New Mexico, including privately owned lands or lands owned by the United States or the State of New Mexico, except the areas within the limits of any incorporated municipality. l) “County Manager” The County Manager or his authorized and designated representatives. m) “Dispose, Disposal, or Deposit” Refers to the allowing, abandoning, causing, depositing, discharging, dumping, leaking, injecting, placing, or spilling of any solid waste into or on any land or water. n) “Dwelling Unit” A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. o) “Hazardous Waste”As defined by RCRA (Resource Conservation and Recovery Act) to be a solid waste or combination of solid wastes, which because of its quantity, concentration or physical, chemical or infectious characteristics may (1) cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or (2) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed. Such wastes are defined as hazardous by the US EPA if they meet one or more of the following conditions: 1. Exhibits characteristics of ignitability, corrosivity, reactivity, and /or toxicity 2. Is a non-specific source waste (generic waste from industrial processes) 3. Is a specific source waste (from specific industries) 4. Is a specific commercial chemical product or intermediate 5. Is a mixture containing a hazardous waste 6. Is a substance not excluded from regulation under RCRA, Subpart C p) “Hearing Examiner” The County Manager or designee. q) “Hot Waste” Any waste which is on fire or smoldering when delivered to the solid waste facility, placed in a collection container, or set out for collection. r) “Household Waste” Any solid waste including any garbage, trash or refuse derived from households, including single and multiple residences, domiciles, campgrounds, picnic grounds or recreation areas. s) “Imminent Danger” A condition that is about to cause serious or life-threatening injury or death at any time. t) “Industrial Waste” Waste generated by manufacturing or industrial processes and may include hazardous waste regulated under Subtitle C of Resource Conservation and Recovery Act (RCRA). As defined by the US EPA: Unwanted materials from an industrial operation; may be liquid, sludge, solid, or hazardous waste. u) “Infectious Waste” As defined by US EPA: Hazardous waste capable of causing infections in humans, including: contaminated animal waste; human blood and blood products; isolation waste, pathological waste; and discarded sharps (needles, scalpels or broken medical instruments). v) “Inoperable Motor Vehicle or Non-Operable” A vehicle in which the engine or motor, the transmission or transaxle, drive shaft, differential, steering mechanism, axles, wheels, body, doors, windshield, windows, headlights, taillights, or any other part of the vehicle is removed, damaged, wrecked, partially dismantled, and in such a state of disrepair that the vehicle cannot be either moved under its own power, driven, licensed or operated on a public road, street, highway, or any other public thoroughfare. w) “Junk Metal” Any old or scrap aluminum, brass, copper, iron, lead, steel, tin, or any other ferrous or nonferrous metals, recyclable or not, that is not currently in service use. x) “Junk Metal Scrap Processing Facility” Any establishment having facilities for processing any ferrous or non-ferrous scrap metals, mineral wastes, or slag, and whose principal produce is intended for sale, recycling, or re-melting purposes. y) ”Junk Vehicle Scrap yard, Salvage yard, Dismantling yard” Any business licensed through an appropriate State of Federal Agency for storing, keeping, transferring, dismantling, crushing, recycling, or selling parts from abandoned, inoperable, crashed, wrecked, scrapped, ruined or junked motor vehicles or motorcycles, or related vehicle parts. Any such facility possessing three or more wrecked, dismantled or partially wrecked or dismantled vehicles and selling or offering for sale a used vehicle part and who regularly sells or offers for sale used vehicles or used vehicle parts shall be presumed to be conducting the business of wrecking or dismantling a vehicle for the resale of the parts. z) “Landfill” A solid waste facility, designed and operating in compliance with all federal, state, and local requirements, that receives solid waste for disposal and includes, but is not limited to, surface, impoundment, injection well or waste pile as these terms are defined in 40 CFR (Code of Federal Regulations) 257.2 or subsequent requirements. 1. County or Municipal landfill means a discrete area of land or excavation that receives household waste and that is not a land application unit; A County or Municipal landfill may also receive other types of RCRA Subtitle D waste such as commercial solid waste, nonhazardous sludge, small quantity generator waste, industrial solid waste, construction and demolition debris and other special wastes as defined in the New Mexico Solid Waste Management Regulations. A County or Municipal landfill may be publicly or privately owned and may be existing, new or a lateral expansion; and 2. Special Waste Landfill means a landfill which receives solid waste other than household waste; this includes, but is not limited to commercial wastes or special wastes, but a construction and demolition landfill is not a special waste landfill. aa) “Municipality” Any incorporated city, town or village, whether incorporated under general act, special act or special charter. bb) “Occupant” Any individual living or sleeping in a building or on the premises, or having possession of a space in a building or on the premises. cc) “Open Burning” The combustion of a solid waste without: 1. Control of combustion air to maintain adequate temperature for efficient combustion; 2. Containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; and 3. Control of the emission of the combustion products. dd) “Operator” A person(s) responsible for the overall operation of any portion of a solid waste facility or any person who has charge, care or control of a structure or premises which is let or offered for occupancy. ee) “Owner” Any person, agent, operator, firm or corporation having a legal or equitable interest in the property as reflected in the records of Eddy County whether or not residing or occupying the property. Owner shall, also include those otherwise having control of the property, including the guardian of the estate of any such person, and/or the executor or administrator of the estate of such a deceased owner, as well as a tenant of the property as defined hereinafter. ff) “Person” Any individual person, or any firm, partnership, association, corporation, company, or organization of any kind. gg) “Premises” A lot, plot or parcel of land, easement or public right of way, including any structure that may be located thereon. hh) “Processing” Techniques to change the physical, chemical, or biological character or component of solid waste, excluding composting or transformation. ii) “Public Place (Way)” Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use. jj) “Recyclable Materials” Materials that would otherwise become solid waste if not recycled, that can be collected, separated or processed and placed in use in the form of raw materials, products or densified solid waste derived fuels. kk) “Recycling” Any process where recyclable materials are collected, separated or processed for reuse as raw materials, byproducts or products. ll) “Refuse” Any article or substance which is commonly discarded as waste or which, if discarded on the ground, will create or contribute to an unsanitary, offensive or unsightly condition. Refuse includes, but is not limited to, the following items or classes of items: waste food, waste paper and paper products; cans, bottles or other containers; junked household furnishings and equipment; junked parts or bodies of automobiles and other metallic junk or scrap; portions or carcasses of dead animals; and collections of ashes, yard trimmings or other rubbish. mm) “Residential Collection” Refuse from a single dwelling site or multi-family housing collected individually and not otherwise classified as commercial collection. nn) “Roadways, Highways” 1. Interstate System – any portion of the national system of interstate and defense highways located within Eddy County as may now or hereafter be officially so designed by the New Mexico Highway Commission. 2. Primary System – Any portion of connected main highways located within Eddy County as may now or hereafter be officially designed by the New Mexico Highway Commission. 3. Eddy County Roads – Any portion of connected roads as may now or hereafter be officially so designated by the Eddy County Commission. qq) “Scavenging” The uncontrolled removal of solid waste from a solid waste facility or container. rr) “Scrap Tire” A tire that is no longer suitable for its originally intended purpose because of wear, damage or defect. This does not include a tire mounted on a vehicle wheel rim currently holding air and currently mounted on a vehicle for mobility. ss) “Sludge” any solid, semi-solid, or liquid waste generated by a municipal, commercial, or industrial waste water treatment plant, water supply treatment plant, or air pollution control facility, but does not include treated effluent from a waste water treatment plant. tt) “Solid Waste” means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, construction, demolition and agricultural operations and from community activities. uu) “Solid Waste Facility” any public or private system, facility, location, improvements on the land, structures or other appurtenances or methods used for processing, transformation, recycling or disposal of solid waste, including landfill disposal facilities, transfer stations, resource recovery facilities, incinerators and other similar facilities not specified, but does not include equipment specifically approved by NMAC 20.9.2.7 part S 11(a-n). vv) “Special Wastes” solid waste that has unique handling, transportation, or disposal requirements to assure protection of the environment and the public health, welfare and safety, including: 1. Treated formerly characteristic hazardous waste (TFCH); 2. Packing house and kill plant offal; 3. Regulated asbestos waste; 4. Ash, except ash produced by a law enforcement pharmaceutical incinerator of household pharmaceutical waste; 5. Infectious waste; 6. Sludge, except; sludge that is land applied under 40 CFR Part 503 as intermediate or final cover at a landfill and meets the requirements of Subpart B of 40 CFR Part 503; 7. Industrial solid waste that, unless specially handled or disposed, may harm the environment or endanger the public health or safety; 8. Spill of a chemical substance or commercial product that, unless specially handled or disposed, may harm the environment or endanger the public health or safety; 9. Petroleum contaminated soils, that have a sum of benzene, toluene, ethylbenzene, and xylene isomer concentrations of greater than 50 mg/kg, or benzene individually greater than 10 mg/kg, or a total petroleum hydrocarbon concentration of greater than 100 mg/kg; ww) “Storage” The accumulation of solid waste for the purpose of processing or disposal. xx) “Structure” That which is built or constructed or a portion thereof. yy) “Tenant” A person, corporation, partnership or group, whether or not the legal owner of record, occupying, or in control of a building, structure, premises or portion thereof as a unit. zz) “Transfer” The handling, moving and storing of solid waste for disposal, resale, reshipment, waste reduction or resource conservation. aaa) “Transfer Station” means a facility managed for the collection and accumulation of solid waste with an operational rate of greater than 240 cubic yards per day monthly average. bbb) “Waste Generator” Any individual, group, organization, contractor, business, or facility who generates any kind of waste as described herein Section 5. Enforcement 5.0 The Eddy County Sheriff’s Office, the Eddy County Manager, and, as authorized by 4-371 et seq. NMSA 1978 Comp, the Code Enforcement Officer or Code Official and their officers, are authorized and directed to enforce the provisions of this ordinance. The Eddy County Code Enforcement Officer shall establish rules and regulations to carry out the intent of this Ordinance, with those Rules and Regulations to be approved by the Eddy County Commissioner. 5.1 Inspections – A Code Enforcement Officer or Code Official shall make all of the required inspections, or shall accept reports of inspections by approved agencies or individuals. All reports of such inspections shall be in writing and certified by the responsible agency or by the responsible individual. The Code Enforcement Officer/Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to approval of the Eddy County Commission. 5.2 Identification- The Code Official or Code Enforcement Officer shall carry proper identification when inspecting structures or premises in the performance of duties under this ordinance. 5.3 Right of Entry – Where it is necessary to make an inspection to determine whether the provisions of this ordinance have been violated or to enforce the provisions of this ordinance, the code official shall seek permission from the owner or occupant of such property to gain access to the premises or structure. In the event access is necessary, absent receipt of permission from the owner or occupant of the property or premises, the Code Official or Code Enforcement Officer shall take such steps as required by law to obtain access to the premises or property. In the event of imminent danger, entry by the Code Official or Code Enforcement Officer may be taken, provided no further action is taken except as necessary to prevent the imminent threat. 5.4 Notices and Orders – The Code Official or Code Enforcement Officer shall issue all necessary notices and orders to ensure compliance with this ordinance. 5.5 Department Records – The code official shall keep official records of all business and activities of the department specified in the provisions of this ordinance. Such records shall be retained in the official records for the period required for retention of public records. Section 6. Ownership of solid waste. All solid waste generated within or brought into the county is owned by and is the responsibility of the generator, until such time as the waste is deposited in a landfill or approved solid waste facility, or removed by a licensed private contractor except where state or federal requirements prohibit transfer of ownership. A licensed private contractor registered by NMED, who removes solid waste from a property, shall take ownership of the waste until it is taken to a permitted landfill. In the event any person's name or other identification is affixed or found on any illegally disposed of solid waste, rubbish or refuse on three or more separate items, such shall be evidence of ownership with the credibility of said evidence to be determined by a trier of fact. Section 7. Solid waste collection practices. 7.1 Infectious Waste - Wearing apparel, bedding, solid waste or other infectious or contagious material from homes, hospitals nursing homes, or other places where highly infectious or contagious diseases have prevailed SHALL NOT be placed in containers for regular collection. The producers of such bio-hazardous solid waste shall comply with all Federal, State, Environmental, and other applicable laws regulating the proper collection and disposal of such hazardous waste. These wastes SHALL NOT be collected, transported, or disposed of by the County or at a County owned convenience centers or transfer stations. 7.2 Hazardous Waste - Hazardous Waste SHALL NOT be collected, transported, or disposed of by the County or at a County owned convenience center, transfer station or landfill. Hazardous materials or waste SHALL NOT be placed in containers for regular collection and disposal. The producers or possessors of such material shall comply with proper collection and disposal of such material at the expense of the owner or possessor thereof. 7.3 Requirements for vehicles - The commercial producers of solid waste, the owners of premises upon which any solid waste is accumulated, licensed transporters of solid waste, or persons who desire to dispose of waste material which is not included in the definition of solid waste shall do so only in compliance with the provisions of this ordinance. Such collection shall be accomplished through the use of a vehicle with a tightly secured cover. Such vehicles shall be operated to prevent solid waste from being blown, dropped, or spilled from transporting vehicle. 7.4 Disposal - Disposal of solid waste by persons so permitted shall be made only to an authorized solid waste facility site. If disposal of solid waste occurs in Eddy County, compliance with Eddy County ordinances and regulations is required. 7.5 Exemptions–Notwithstanding overriding provisions within, this ordinance shall not apply to agricultural wastes including manures or crop residues returned to the soils as fertilizers or soil conditioners. Section 8. Prohibited Acts. 8.1 Dumping, Accumulating and Scattering of Solid Waste, Rubbish, Refuse A. Dumping. No person shall discard solid waste, rubbish, or refuse anywhere outdoors within the boundaries of the county except at a time and place approved for collection of that person's solid waste under the terms of this ordinance and regulations authorized by said sections or other provisions of this Code or ordinances of the county. No person shall place solid waste in the solid waste receptacle of another person, business or institution without written permission. B. Unauthorized accumulation. It shall be unlawful to allow any solid waste, rubbish, or refuse to collect or accumulate on any lot or other premises within the county for more than 10 days. Any such unauthorized accumulation or collection is hereby declared to be a nuisance and is prohibited. C. Scattering of solid waste, rubbish or refuse. No person shall cast, place, sweep, or deposit anywhere in the county any solid waste, rubbish or refuse in such a manner that it may be carried or deposited by the elements upon any road, sidewalk, parkway, sewer, ditch, arroyo, other public place, vacant lot, or into any other premises within the county. D. 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 road, sidewalk, parkway, sewer, ditch, arroyo, other public place, vacant lot, or into any premises within the county. Such debris must be disposed of in accordance with NMAC 20.9.2. E. Illegal use of Convenience Centers: No business or institution may use any Eddy County convenience center or for any individual to place commercial solid waste, rubbish or refuse in an Eddy County convenience center. No person shall place solid waste, rubbish, or refuse on the premises of an Eddy County convenience center except during the regular posted operating hours. 8.2 Hazardous Accumulations and Conditions Prohibited It shall be unlawful for any person or company to allow the following conditions to exist on any premises he/she/it owns, rents or occupies. A. The existence of three (3) or more or any combination of inoperable motor vehicles, scooters, motorcycles, cars, trucks, buses or other vehicles regulated by the New Mexico Department of Motor Vehicles unless the vehicle owner, property owner, or property lessee can show substantial progress in restoration or repairs to non-operational vehicle in the last 30 days or purchase orders, invoices or estimates for repair work to be done in the next 30 days. Provided, however, that this section shall have no application where: 1. A person is engaged in a New Mexico Department of Motor Vehicle licensed vehicle dismantling business and any non-operational vehicles are enclosed by a fence of solid construction of wood, brick, metal, or other similar materials, not less than seven (7) feet in height above the level of the ground and maintained in a sightly, safe and secure condition; or any inoperable vehicles are not visible to the public from any road or street abutting such property, or if visible any non-operational vehicles are enclosed by a fence of solid construction of wood, brick, metal, or other similar materials, not less than seven (7) feet in height above the level of the ground and maintained in a sightly, safe, and secure condition. 2. All individuals who collect, keep and maintain antique, collector, or specialty interest vehicles and related vehicle parts, operable or not, as long as they are kept and maintained within the regulations of NMSA 1978 6611, and are stored in a manner consistent with NMSA 1978 66-11-3 and providing safe ingress/egress for emergency personnel. B. The existence of non-operational refrigerators or freezers or any other type of appliance, furniture, vehicle or other container that has a space large enough for a person of any age to enter into with a door, hatch, lid, or cover of any kind capable of closing or sealing which could prevent the escape of any person, not within a licensed sanitary landfill or a licensed commercial salvage business registered with the State of New Mexico. C. The existence of piles of rubbish, refuse, household trash, tires, debris, grass, weeds, tree limbs, or any other type of material(s) which are or may be susceptible to infestation by rodents, reptiles, insects, or noxious weeds or any other type of animal or plant that is or can be injurious to people, animals or the environment not within a licensed sanitary landfill or New Mexico Environment Department or other regulatory agency regulated facility. D. The existence of piles of rubbish, refuse, household trash, tires, debris, grass, weeds, tree limbs, or any other material emitting noxious odors, not within a licensed sanitary landfill or a New Mexico Environment Department or other regulatory agency regulated facility. Section 9. Prohibited Acts 9.0 Nuisances The following are hereby declared to be health nuisances affecting the general public health and welfare in Eddy County and are prohibited: a) All pools of stagnant water or vessels holding stagnant water in which mosquitoes or other insects can breed being allowed to exist upon property of an owner who has been notified of same by the Code Official. The presence of mosquito larvae or mosquito pupae, or both, in collections of water shall constitute conclusive evidence that mosquitoes are breeding there. b) Carcasses of animals not buried or otherwise disposed of in a sanitary manner within seventy-two (72) hours of observation by or notification to the Code Official to the owner of the property upon which said carcasses are located. c) Any disagreeable or obnoxious odors and stenches as well as the substances, causes, or conditions which give rise to the emission or generation of such odors and stenches resulting from non-commercial uses emanating from the property of an owner who has been notified of same by the Code Official. Section 10 . Unoccupied, Uninhabitable and Dilapidated Buildings Prohibited. Whenever any building or structure is ruined, damaged or dilapidated, and the Code Enforcement Officer finds that same is a menace to the comfort, health, peace or safety of the public, the Code Enforcement Officer shall give ten (10) days Notice to the owner, occupant or agent in charge of the building structure or premise to remove the violation or the violation will be brought before the County Commission for additional action. After the expiration of ten (10) days from the service of notice on the owner, occupant or agent in charge of the violative building or structure, the County Commission may, by resolution, find that the ruined, damaged or dilapidated structure or premise is a menace to the public comfort, health, peace or safety and require the removal from the county of the building, structure, wreckage or debris. Removal of Unoccupied, Uninhabitable and Dilapidated Buildings. A. A copy of the resolution adopted pursuant to this chapter shall be served on the owner, occupant or agent in charge of the building, structure or premise. If the owner, as shown by real estate records of the county clerk, occupant, or agent in charge of the building, structure or premises cannot be served, within the county, a copy of the resolution shall be posted on the building, structure or premises, and a copy shall be published one (1) time in a newspaper of general circulation in Eddy County. B. Within ten (10) days of the receipt or of the posting and publishing of a copy of the resolution adopted pursuant to this section, the owner, occupant or agent in charge of the building, structure or premises shall commence removing the building, structure, wreckage or debris or file a written objection with the County Manager asking for a hearing before the County Commission. If a written objection is filed, the County Commission shall: A. Fix a date for a hearing on its resolution and the objection. B. Consider all evidence for and against the removal resolution at the hearing. C. Determine if its resolution should be enforced or rescinded. Any person aggrieved by the determination of the County Commission may appeal to the District Court by: A. Giving Notice of Appeal to the Commission within five (5) days after the determination made by the County Commission; and B. Filing a Petition in the District Court within twenty (20) days after the determination made by the County Commission. The district court shall hear the matter de novo and enter a judgment in accordance with its findings. If the owner, occupant or agent in charge of the building, structure or premises fails to commence removing the building, wreckage or debris: A. Within ten (10) days of being served a copy of the resolution adopted in this ordinance or of the posting and publishing of such resolution without objecting to the Commission’s determination; or B. 2) Within five (5) days of the determination by the County Commission that the resolution shall be enforced without filing a Notice of Appeal; or C. 3) Within ten (10) days after the district court enters judgment sustaining the determination of the County Commission, the Code Enforcement Officer shall issue a citation to the owner, occupant or agent in charge, as the case may be. D. In the event that any of the items in Paragraphs A-C above are satisfied, IN ADDITION to the penalties described in Section 11 of this Ordinance, the County may remove the building, structure, wreckage or debris at the cost and expense of the owner. The reasonable cost of the removal of such building, structure, wreckage or debris shall constitute a lien against the lot or parcel of land from which it was removed. The lien shall be foreclosed in the manner provided in Sections 3- 36-1 through 3-36-6 of the New Mexico Statutes Annotated 1978 Compilation. 1. The County may pay for the costs of removal of any condemned building, structure, wreckage, rubbish or debris by granting to the person removing such materials, the legal title to all salvageable materials in lieu of all other compensation. 2. Any person or firm removing any condemned building, structure, wreckage, rubbish or debris shall leave the premises from which the material has been removed in a clean, level and safe condition, suitable for further occupancy or construction and with all excavations filled. Accumulation for recycling. Notwithstanding other provisions of this ordinance, any person may accumulate and collect recyclable materials for the purpose of recycling it, provided that any collection point: 1. Conforms to ordinances 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 8.2.C above; 4. Is shielded from public view; and 5. Is registered with or permitted by NMED as a recycling facility. Emergency Action. If, in the judgment of the Code Official, in conjunction with approval from the Eddy County Manager, safety or public health is at risk, or the public interest requires that a 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 may take the required corrective action at the site immediately, at the expense of the owner, and charge a lien on the property. Notice of Violation-- Any such person who violates any provisions contained in Section 7, 8, 9, or 10 of this Ordinance shall be issued citation by any Eddy County Code Official or Code Enforcement Officer as defined above. Section 11. Penalties Penalties for violations of Section 7. 8, 9 or 10 of this Ordinance shall not exceed a fine of up to three hundred dollars ($300) or imprisonment for up to ninety days for each violation, or both the fine and imprisonment, except that the following fines may be imposed in appropriate circumstances in addition to the imprisonment for up to ninety days: A. No more than one thousand dollars ($1,000) for discarding or disposing of refuse, litter or garbage on public or private property in any manner other than by disposing it in an authorized landfill; or B. No more than five thousand dollars ($5,000) for the improper or illegal disposal of hazardous materials or waste in any manner other than as provided for in the Hazardous Waste Act. Each day such violation is committed or permitted to continue shall be considered a separate offense and shall be punished as such. Section 12. 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. Section 13. Conflict. In any case where a provision of this ordinance is found to be in conflict with a provision of any, building, plumbing, fire, safety or health ordinance or code effective in Eddy County, the provisions which establishes the higher standard for the promotion and protection of the health and safety of the citizens shall prevail. Section 14. Severability. If any section, subsection, clause, phrase or portion of these regulations is, for any reason, held invalid or unconstitutional by any government agency or court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 15. Repealer. All resolutions and ordinances related to the management of solid waste are hereby repealed and replaced by the adoption of this Ordinance, including Eddy County Ordinance No.’s _____ and ______. Section 16. Effective Date. This Ordinance shall be recorded in a book kept for that purpose and shall be authenticated by the signature of the County Clerk and it shall be in full force and effect 30 days after it has been so recorded in accordance with NMSA 1978, Section 4-37-9, as amended.