This chapter, as amended from time to time may be cited as the
"Utility Ordinance of the City of Española" or simply as the
"Utility Ordinance."
The City Council of the City of Española, New Mexico,
pursuant to the laws of the State of New Mexico (NMSA 1978 §§ 3-18-25,
3-26-3, 3-18-22), hereby ordains and enacts into law the following
regulations.
The provisions of this chapter shall apply within the corporate
limits of the City of Española, as well as any extraterritorial
zone or jurisdiction that is or may be put in place.
State law references: NMSA 1978 §§ 3-27-3, 3-26-1.
The regulations contained herein are provided to promote the
proper management of land, structures, land and structures in combination,
as well as water lying within, above, below and around the jurisdiction
of the City of Española, and to ensure the protection of the
health, safety and welfare of the general public
This chapter shall apply to all lands, and their associated
rights, including surface and subsurface water rights, lying within,
above, below and around the City of Española, including lands
belonging to other public agencies, organizations and groups, including
those belonging or falling under the control of federal, state or
other local governments.
It is not intended that this chapter interfere with, abrogate, annul or repeal any ordinance, rules or regulations previously adopted and not in conflict with any of the provisions of this chapter or which shall be adopted, pursuant to law relating to the use of buildings or premises, nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants, or other agreements between parties, except that where such use is in direct violation of this chapter, except as provided for in §
300-8. Should a conflict arise with another ordinance, law, rule or regulation, the stricter of the two shall apply.
This chapter does hereby repeal Ordinance No. 2001-01 and all
amendments thereto.