[Amended 9-25-2007]
A. 
Whenever any building or structure is ruined, damaged or dilapidated, the Town Council may, by resolution, find that the ruined, damaged or dilapidated structure or premises is a menace to the public comfort, health, peace or safety and require the removal from the Town of the building, structure, wreckage or debris.
B. 
Removal of unoccupied, uninhabitable and dilapidated buildings.
(1) 
A copy of the resolution adopted pursuant to this article shall be served on the owner, occupant or agent in charge of the building, structure or premises. 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 time in a newspaper of general circulation in Lea County.
(2) 
Within 10 days of the receipt or of the posting and publishing of a copy of the resolution adopted pursuant to this article, 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 Town Clerk asking for a hearing before the Town Council.
(a) 
If a written objection is filed, the Town Council shall:
[1] 
Fix a date for a hearing on its resolution and the objection.
[2] 
Consider all evidence for and against the removal resolution at the hearing.
[3] 
Determine if its resolution should be enforced or rescinded.
(b) 
Any person aggrieved by the determination of the Town Council may appeal to the District Court by:
[1] 
Giving notice of appeal to the Commission within five days after the determination made by the Town Council; and
[2] 
Filing a petition in the District Court within 20 days after the determination made by the Town Council.
C. 
The District Court shall hear the matter de novo and enter a judgment in accordance with its findings.
D. 
If the owner, occupant or agent in charge of the building, structure or premises fails to commence removing the building, wreckage or debris (1) within 10 days of being served a copy of the resolution adopted in this article or of the posting and publishing of such resolution; or (2) within five days of the determination by the Town Council that the resolution shall be enforced; or (3) after the District Court enters judgment sustaining the determination of the Town Council, the Town 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 manner provided in NMSA §§ 3-36-1 through 3-36-6.
(1) 
The Town 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.
E. 
Removal of hazardous conditions by Town. If a violation of this article is not sufficiently corrected within 10 days after conviction of the violation in Magistrate Court and no sooner than 10 days after the written notice of intent is given, the Mayor may direct an agency to remove from real property refuse that constitutes a fire hazard. When the Town removes such hazardous refuse from real property, it shall charge the expense incurred for the removal of the refuse against the owner of the property benefited, which shall be a legally enforceable debt in favor of the Town Council.
F. 
Accumulation for recycling. Notwithstanding other provisions of this article, 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 a public right-of-way.
(3) 
Is constructed so that the rubbish is contained at the collection point in compliance with subsection above;
(4) 
Is shielded from public view; and
(5) 
Is registered with or permitted by NMED as a recycling facility.
G. 
Urgent work. If, in the judgment of the County Magistrate, safety or public health is at risk, or the public interest requires that a site be cleaned rapidly, the Mayor 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 Town will require that corrective action be started at the site immediately, at the expense of the owner, and charge a lien on the property.
H. 
Inspection. The Mayor may make such inspections as are reasonably necessary in the enforcement of this article.
All buildings or structures which have any of the following defects shall be deemed "dangerous buildings":
A. 
Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.
B. 
Those which, exclusive of the foundation, show 33% or more damage or deterioration of the supporting member or members or 50% of damage or deterioration of the nonsupporting enclosure or outside walls or covering.
C. 
Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used.
D. 
Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals, or the general health and welfare of the occupants or the people of the Town.
E. 
Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause sickness or disease, so as to work injury to the health, morals, safety or general welfare of those living therein.
F. 
Those having light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein.
G. 
Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of communication.
H. 
Those which have parts thereof which are so attached that they may fail and injure members of the public or property.
I. 
Those which, because of their condition, are unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of the Town.
J. 
Those buildings existing in violation of any provision of the building code of the Town or other ordinances of the Town.
The following standards shall be followed in substance by the Building Inspector and the governing body in ordering repair, vacation or demolition:
A. 
If the dangerous building can reasonably be repaired so that it will no longer exist in violation of the terms of this article, it shall be ordered repaired.
B. 
If the dangerous building is in such condition as to make it dangerous to the health, morals, safety or general welfare of its occupants, it shall be ordered to be vacated.
C. 
Where a dangerous building is 50% damaged, decayed, or deteriorated from its original value or structure, it shall be demolished. In all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this article, it shall be demolished. In all cases where a dangerous building is a fire hazard existing or erected in violation of the terms of this article or any ordinance of the Town or statute of the state, it shall be demolished.