The City Manager or his authorized representative is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units, and premises located within this City in order that he may perform his duty of safeguarding the health, safety, or morals of the occupants of dwellings and of the general public. For the purpose of making such inspections, the City Manager or his authorized representative is hereby authorized to enter, examine, and survey at all reasonable times for the purpose of such inspection, examination, and survey. Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his agent or employee, access to any part of such dwelling or dwelling unit, or its premises, at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with provisions of this chapter or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this chapter; provided, however, that all such entries shall be made in a manner as to cause the least possible inconvenience to the persons in possession, and the City Manager or his authorized representative shall obtain an order for this purpose from a court of competent jurisdiction if entry is denied or resisted.
The City Manager or his authorized representative shall be responsible for the administration and enforcement of this chapter, and the City Manager or his authorized representative may fix the duties of any officers, agents, and employees as he deems necessary to carry out the purposes of this chapter, and may delegate any of his functions and powers in this chapter to such officers, agents and employees as he may designate. Rules and regulations to carry out the intent and purpose of this chapter shall be prescribed by the City Manager or his authorized representative pursuant to the standards created in this chapter.
A. 
Complaints. Whenever it appears to the City Manager or his authorized representative, on his own motion or otherwise, that any dwelling is unfit for human habitation, he shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner, every mortgagee of record, and all parties in interest in the dwelling, including persons in possession, a complaint stating the charges in that respect. The complaint shall contain a notice that a hearing will be heard before the City Manager or his authorized representative at a place therein fixed not less than 10 days nor more than 30 days after the serving of the complaint.
B. 
Order to correct violations.
(1) 
If, after the notice and hearing provided for in Subsection A, the City Manager or his authorized representative determines that the dwelling under consideration is not fit for human habitation, he shall state in writing his findings of fact in support of such determination and shall cause to be served upon the owner an order in writing which advises the owner of his rights under Subsection F, and which:
(a) 
If the repair, alteration, or improvement of the dwelling can be made at a reasonable cost in relation to the value of the dwelling, requires the owner, in the time specified by the order, to repair, alter, or improve the dwelling to render it fit for human habitation or to vacate and close the dwelling as a human habitation; or
(b) 
If the repair, alteration, or improvement of the dwelling cannot be made at a reasonable cost in relation to the value of the dwelling, requires the owner, within the time specified in the order, to remove or demolish the dwelling.
(2) 
The reasonable percentage of the value as provided in this section shall be 50%.
C. 
Power of City upon owner's failure to comply with order to abate.
(1) 
Repair or vacate. If the owner fails to comply with an order pursuant to Subsection B(1) to repair, alter, or improve or to vacate and close the dwelling, the City Manager or his authorized representative may cause the dwelling to be vacated or closed.
(2) 
Remove or demolish. If the owner fails to comply with an order pursuant to Subsection B(2) to remove or demolish a dwelling, the City Manager or his authorized representative may cause the dwelling to be removed or demolished.
(3) 
Dwellings ruined, damaged, or dilapidated. If any such dwelling is ruined, damaged or dilapidated, the City shall act pursuant to NMSA 1978 § 3-18-5.
D. 
Lien for work performed by City. The amount of the cost of vacating and closing, or removal or demolition by the City Manager or his authorized representative pursuant to Subsection C shall be a lien against the real property upon which the cost was incurred.
E. 
Service of complaints and orders. Complaints or orders issued by the City Manager or his authorized representative pursuant to this chapter shall be served upon persons either personally or by registered mail, but if the whereabouts of the persons are unknown, and cannot be ascertained by the City Manager or his authorized representative in the exercise of reasonable diligence, and the City Manager or his authorized representative shall make an affidavit to that effect, then service of the complaint or order upon the persons may be made by publishing the same, once each week for two consecutive weeks in a newspaper printed and published in the municipality. A copy of the complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of the complaint or order shall also be filed with the County Clerk, and filing of the complaint or order shall have the same force and effect as other lis pendens notices provided by law.
F. 
Hearing before City Council. Any person affected by an order issued by the City Manager or his authorized representative pursuant to this chapter may petition the City Council for a hearing to consider the actions of the City Manager or his authorized representative within 30 days after issuance of service of such order, in accordance with the procedures set out in Subsection B, and the City Council shall grant a hearing thereon, giving reasonable notice of the time and place of such hearing to all parties concerned. Pending the outcome of the hearing before the City Council, no action shall be taken by the City Manager or his authorized representative to enforce his order. The ruling of the City Council shall be final insofar as the City Manager or his authorized representative is concerned.
A. 
Designation of dwellings as unfit for human habitation. The designation of dwellings or dwelling units as unfit for human habitation and the procedure for the condemnation and placarding of such unfit dwellings or dwelling units shall be carried out in compliance with the requirements of this section.
B. 
Condemnation. Any dwelling or dwelling unit which shall be found to have any of the following defects shall be condemned as unfit for human habitation and shall be so designated and placarded by the City Manager or his authorized representative:
(1) 
One which is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested that it creates a serious hazard to the health, safety, or morals of the occupants or of the public.
(2) 
One which lacks illumination, ventilation, or sanitation facilities adequate to protect the health, safety, or morals of the occupants or of the public.
(3) 
One which because of its general condition or location is unsanitary, a fire hazard, or otherwise dangerous to the health, safety, or morals of the occupants or of the public.
C. 
Condemned dwellings to be vacated. Any dwelling or dwelling unit condemned as unfit for human habitation, and so designated and placarded by the City Manager or his authorized representative as provided in this chapter, shall be vacated within a reasonable time as ordered by the City Manager or his authorized representative.
D. 
Approval for reuse. No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from, and such placard is removed by, the City Manager or his authorized representative. The City Manager or his authorized representative shall remove such placard whenever the defects upon which the condemnation and placarding action were based have been eliminated.
E. 
Defacing or removal of placards. No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such except as provided in Subsection D.
F. 
Hearing before City Council. Any person affected by any notice or order relating to the condemning and placarding of a dwelling or dwelling unit as unfit for human habitation may request and shall be granted a hearing on the matter before the City Council under the procedure set forth in this chapter.