Any owner, lessee or occupant having control of any lot or tract of ground or portion of a lot or tract of ground within the Town of Tatum who shall allow the growth or accumulation of weeds to the height of 10 inches from the ground to the top of the weed, brush or grass that is determined to be a fire or health hazard shall be deemed as maintaining a nuisance.
[Adopted 4-19-1989 (Ch. 5, § 5.41, of the 1984 Code)]
Whenever any nuisance described herein shall exist upon property in the Town of Tatum, the Chief of Police, or a police officer, shall notify the record owner or occupant of said real property of the existence of such nuisance by certified mail. It shall be presumed that said owner or occupant shall have notice of nuisance conditioned upon said mailing. Such presumption of notice may be rebutted as provided by law. The notice shall state that the owner or occupant has 10 days within which to abate the nuisance described in the notice.
If such nuisance is not removed or corrected upon the expiration of such ten-day period , the Chief of Police shall issue a citation of the Municipal Court to the record owner or occupant of said property. By reason of fire and health damages, each day after the notice period said nuisance shall continue shall be deemed a separate violation.
[Added 4-12-2011]
In those cases where the owner, lessee or occupant, or person having charge or control of any occupied or unoccupied lot or tract of land is a nonresident of the Town of Tatum or cannot be determined, and compliance in its entirety with the provisions set forth in the notice has not occurred within 10 days, the Chief of Police may cause such weeds to be cut. Lots or tracts of land having been either tractor- or manually push-mowed shall have all weeds exceeding the applicable ordinance height shredded during the mowing process. Any weeds that are not sufficiently shredded during the mowing process will be removed, preventing any harborage for insects and rodents and preventing any of the weeds from becoming windblown or creating a fire or traffic hazard. If the owner, lessee or occupant, or a person having charge or control of any such lot or tract of land, is notified in writing as provided and fails to comply with the provisions of this article in its entirety within 10 days, the Chief of Police may cause such weeds to be cut and/or the cuttings or any accumulation of weeds removed. In any event, should it appear to be a matter of public necessity for health or safety reasons, the Chief of Police may give notice that the weeds must be cut or removed immediately, in which event, should there be noncompliance, the Chief of Police is authorized to cause such weeds to be cut and/or the cuttings or any accumulation of weeds removed immediately. The actual cost of the cutting or removal of weeds, plus any other penalties or costs allowed by law in connection therewith, under any of the circumstances herein set out, shall be billed to the owner of record, who shall have 15 days to submit payment in full. Failure to remit shall cause a lien to be placed upon the property from which such weeds were removed in the manner prescribed by law.
Any person, firm or entity who or which shall violate this article shall be guilty of a petty misdemeanor and shall be fined $100 per day for violation of this article, and such fine shall not be suspended. In the event such fine is not paid within the time established by the Municipal Court, a claim of lien shall be filed upon the real property as provided by law, with the Town having all rights under New Mexico law to satisfy such lien.