City to continue charging for unused services

January 27, 2010

Responding to criticism from a small number of Belen property owners, the City of Belen decided last night to continue charging 26 property owners for city services those property owners say they don’t use.

The issue has come up multiple times over many years but hit a peak recently after the city wrote the property owners to tell them they had to pay for the unused services. Citizens questioned the city’s authority to do that.

The citizens who complained about it were upset that they have to pay just more than $19 each month for garbage collection when their properties are vacant and they aren’t throwing any trash. For example, when a home is for sale, some property owners want to maintain the yard by watering grass or flowers but don’t want to pay for garbage collection.

The city’s ordinance regulating water, sewer and garbage services says the city must charge for all three services, with no ability for a citizen to opt out of one or two of the three services.

“According to the ordinance, if they have an account, we need to be charging them for sewer and water and solid waste — the basic services,” said City Manager Sally Garley.

Of course, at any time a property owner can opt out of all three.

The city councilors generally agreed the city should leave the ordinance in place as it’s written, expressing concern that it would be difficult to monitor properties to ensure the property owners aren’t using services they’ve opted out of using.

Councilor Rudy Jaramillo questioned if it was legal to charge for unused services.

“They may not be using it but it’s legal because they have the right to use it,” said City Attorney Norm McDonald.

Jaramillo said the city should take into consideration the tough economic times and give relief to citizens who want to opt out.

Councilor Terese Ulivarri said at least four other municipalities, including Raton and Socorro, don’t allow their citizens to opt out of services.

“We’re not the only ones doing this,” she said.

If the city were to allow opting out, she said the city would be doing it to accommodate just 26 service accounts, when the city has more than 2,800 total accounts.

At least one home builder challenged the city’s ordinance saying the company needs water at home construction sites but doesn’t need sewer and city garbage collection during construction.

“They said, ‘Wait a minute. My house isn’t even built. How can you charge me with sewer and garbage?’” Leona Chavez, who works with the city’s water department, told the city councilors.

City officials said they’ll look into whether or not the city’s allowed under its ordinance to charge a one-time water use fee for a construction project, later establishing an account for water, sewer and garbage as the structure becomes occupied.

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