[HISTORY: Adopted by the Mayor and Council of the City of Española 1-26-2016 by Ord. No. 2016-02. Amendments noted where applicable.]
A certain document, a copy of which is on file in the office of the City Clerk of the City of Española, being marked and designated as the "International Property Maintenance Code, 2015 edition," as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Española, in the State of New Mexico, pursuant to authority granted the City in NMSA 1978 § 3-17-6, for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the City Clerk of the City of Española are hereby referred to, adopted, and made a part hereof as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 275-2 of this chapter.
The following sections are hereby revised:
Section 101.1. Insert: "the City of Española, New Mexico."
Section 103.5. Insert: "none."
Section 112.4. Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall, upon conviction, be liable for a fine of up to $500 and 90 days in jail for each day of violation.
Section 302.4. Insert: "eight inches."
Section 304.14. Insert: "April 15 - October 15."
Section 602.3. Insert: "October 1 - May 1."
Section 602.4. Insert: "October 1 - May 1."
The code adopted by this chapter provides for minimum requirements at least equal to the state requirements on the same subject; and where a state requirement is more stringent, it will prevail and is hereby substituted by reference. All other ordinances or parts of ordinances in conflict herewith are hereby repealed.
"Code official" or "enforcement officer" shall mean the City Manager of the City of Española or designee, and "Board" or "appeal board" shall mean the Planning Commission and thence the City Council of the City of Española, New Mexico.
If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The City Council of the City of Española hereby declares that it would have passed this chapter, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
Nothing in this chapter or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any ordinance hereby repealed by § 275-3 of this chapter; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
The City Clerk of the City of Española is hereby ordered and directed to cause this chapter to be published once by summary and title in a newspaper of general circulation.
This chapter and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect from and after five business days after the date of its final passage, adoption and publication by summary and title as provided in § 275-7 of this chapter.
This chapter shall be recorded in a book kept for that purpose, shall be authenticated by the signature of the Mayor of the City of Española and the City Clerk of the City of Española and shall bear the Seal of the City of Española.