A. Whenever the governing body determines that the streets shall be watered or maintained in whole or in part at the expense of the owner of any property which abuts upon the streets, the governing body shall determine:
(1) the expense of watering or maintaining the streets;
(2) the proportion of the expense to be borne by the owner of property which abuts upon the streets;
(3) the charge to be assessed against each lineal foot of frontage of the abutting property; and
(4) assess, according to its frontage, each tract or parcel of abutting property its proportionate share of the expense of watering or maintaining the streets.
B. The assessment for the expense of watering or maintaining the streets shall be collected as authorized in Section 3-23-1 NMSA 1978, and shall be a lien against the tract or parcel of property abutting the street and the lien shall be enforced as provided in Sections 3-36-1 through 3-36-5 NMSA 1978.
C. As used in this section the term "streets" shall include both improved and unimproved streets, alleys, parkways, boulevards, thoroughfares, and median and divider strips, or any combination of the foregoing.
History: 1953 Comp., § 14-50-3, enacted by Laws 1965, ch. 300; 1967, ch. 90, § 3.
Basis for assessment. — Property owner is to be assessed on how much property he owns that abuts on the street; he is not to pay a flat fee. 1967 Op. Att'y Gen. No. 67-10.
Assessment against school district. — There is no authority for the municipality to make an assessment against a school district to pay the cost of watering or maintaining the streets. This does not mean that a school district which has benefited from street sprinkling and maintenance may not budget and pay for such services when they are rendered by a municipality pursuant to this section. 1970 Op. Att'y Gen. No. 70-03.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 40 Am. Jur. 2d Highways, Streets and Bridges § 87; 70A Am. Jur. 2d Special or Local Assessments § 43.
Liability for act of employee engaged in sprinkling or cleaning streets, 14 A.L.R. 1473, 32 A.L.R. 988, 52 A.L.R. 187, 60 A.L.R. 101, 156 A.L.R. 692, 714.
Liability for injury or damage due to sprinkling of street, 51 A.L.R. 575, 156 A.L.R. 692.
63 C.J.S. Municipal Corporations § 1307.
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