[HISTORY: Adopted by the Mayor and Council of the Village
of Bosque Farms 11-21-2019.[1]Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Sec. 10-1.
[1]
Editor's Note: This ordinance also superseded former Section
7-3, Property Maintenance, adopted 3-19-2009 (Sec. 7-3 of the 1980 Code), as amended.
The governing body of the Village of Bosque Farms hereby finds
that it is necessary to provide for the abatement of conditions which
are offensive or annoying to the senses, detrimental to property values
and community appearance, an obstruction to or interference with the
comfortable enjoyment of adjacent property or premises, or hazardous
or injurious to the health, safety or welfare of the general public;
and to provide standards to safeguard life, health and public welfare.
The owner of the premises shall maintain the structures and
exterior property in compliance with these requirements, except as
otherwise provided for in this Section 7-3. A person shall not occupy
as owner-occupant or permit another person to occupy premises which
are not in a sanitary and safe condition and which do not comply with
the requirements of this Section 7-3. All occupants, including tenants
and lessees, of a dwelling are responsible for keeping it in a clean,
sanitary and safe condition in that part of the dwelling or premises
which they occupy and control in compliance with the requirements
of this Section 7-3.
A.
For specific purposes of this Section 7-3, the following terms, whenever
used or referred to in this Section 7-3, shall have the respective
meanings assigned to them unless a different meaning clearly appears
from the content. Words not defined here shall be defined by standard
dictionary definitions.
B.
Words stated in the present tense include the future; words stated
in the masculine gender include the feminine and neutral; the singular
number includes the plural and the plural the singular.
C.
ABANDONED
ANTIQUE VEHICLE
COLLECTOR
DWELLING UNIT
EXTERIOR PROPERTY
GOVERNING BODY
GRAFFITI
HISTORIC OR SPECIAL INTEREST VEHICLE
INFESTATION
INOPERABLE MOTOR VEHICLE
JUNK VEHICLE
OCCUPANCY
OCCUPANT
OUTDOOR STORAGE
OWNER
PARTS CAR
PERSON IN CHARGE OF PROPERTY
PLANNING AND ZONING ADMINISTRATOR/CODE ENFORCEMENT OFFICER
PREMISES
REFUSE
(1)
(2)
(3)
(4)
STRUCTURE
VILLAGE
WEEDS
As used in this Section 7-3, the following terms shall have the meanings
indicated:
To intentionally and permanently give up, surrender, or relinquish
all interest or ownership in property.
A vehicle which is at least 35 years old.
The owner of one or more vehicles that are antique, historic
or special interest, who collects, purchases, acquires, trades, or
disposes of these vehicles or parts thereof for their own use in order
to preserve, restore, and maintain a vehicle for hobby purposes.
Any structure or part of a structure intended for human occupancy
and containing one or more connected rooms and a single kitchen, designed
for living and sleeping purposes. A dwelling unit may include a mobile/manufactured
home, a modular housing unit, a site-built house, or planned residential
development.
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
The Village of Bosque Farms Mayor and Councilors.
Letters, numbers, a word or words, writings or inscriptions,
symbols, drawings, carvings, stickers, etchings or any other marking
of any nature whatsoever which defaces, obliterates, covers, alters,
damages or destroys the real or personal property of another.
A vehicle of any age which, because of its significance,
is being collected, preserved, restored or maintained by a hobbyist
as a leisure pursuit.
The presence within or contiguous to a structure or premises
of insects, rats, vermin or other pests to such a degree as to pose
a threat to the health or safety of occupants of the structure or
any other contiguous structure or premises.
Any motor vehicle which is incapable of being propelled under
its own power.
Any motor vehicle, other than an antique, historic, or special
interest vehicle, which:
The purpose for which a building or portion thereof is utilized
or occupied.
Any individual living or sleeping in a building, or having
possession of a space within a building.
Storage not contained by four walls and a roof.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or record in the official
records of the state, county or municipality as holding title to the
property; including the guardian of the estate of any such person
and the executor or administrator of the estate of such person if
ordered to take possession of real property by a court.
An antique, historic, or special interest motor vehicle generally
in inoperable condition which is owned by a collector to furnish parts
and/or harvest parts that are usually unobtainable from normal sources,
thus enabling a collector to preserve, restore and/or maintain an
antique, historic or special interest motor vehicle.
Owner, tenant, lessee, manager, occupant, agent, representative,
or employee.
The Village of Bosque Farms Planning and Zoning Administrator/Code
Enforcement Officer or their designee.
A piece of real estate, house, or building and its land.
Includes, but is not limited to, debris, garbage, litter,
rubbish and/or the like.
DEBRISBits and pieces of stone, wood, glass, such as after destruction.
GARBAGEThe animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food, not including managed compost.
LITTERIncludes but is not limited to any discarded, uncared for, or worn out manufactured material, construction material, machinery, including parts of motor vehicles, tires, aircraft, appliances, household furniture or scrap metal, and other materials.
RUBBISHCombustible and noncombustible waste materials, except garbage including yard waste, i.e., decomposable waste materials generated by yard and lawn care and includes leaves, grass trimmings, brush, wood chips, and shrub and tree trimmings.
Anything constructed, placed or erected above ground level
which requires location on the ground or is attached to something
having a location on the ground, but not including a tent, vehicle,
vegetation, public utility pole or line, signs or fences. For the
purpose of this Section 7-3, a mobile/manufactured home is a structure,
with or without wheels, when located on any lot.
The Village of Bosque Farms.
All rank, noxious, poisonous, harmful, unhealthful vegetation
or any growth whatsoever of an offensive, unsightly nature, whether
alive or dead.
A.
Owner/occupant responsibility.
(1)
The person in charge of the real property is required and responsible
to take the appropriate action for the control of weeds in conformance
with this section:
(2)
Each such person in charge of property shall destroy, cut, control,
and remove such weeds as often as the growth and condition of such
weeds may require in order to maintain a maximum height of 12 inches.
B.
Separate offense. Violations continued for a period of 15 days after
conviction shall be prosecuted and treated as a separate offense.
The interior of a structure shall be maintained free from hazardous
conditions, infestations, structurally sound and sanitary so as not
to pose a threat to public health, safety or welfare.
A.
Vacant structures and land. All structures and premises thereof or
vacant land shall be maintained in a clean, safe, secure and sanitary
condition as provided herein so as not to adversely affect the public
health or safety.
B.
Sanitation. All exterior property and premises shall be maintained
in a clean, safe, and sanitary condition free from refuse and infestation.
C.
Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the continuous and repetitive accumulation of stagnant water thereon, or within any structure located thereon and in accordance with Section 10-1, Zoning, § 10-1-5N.
D.
Static display. A "static display" is a public exhibition of stationary objects as part of the landscaping. This includes agricultural equipment, implements or machinery which promotes or reflects the rural atmosphere of the Village of Bosque Farms. These displays are exempt from § 7-3-7; inoperable vehicles are not considered static displays pursuant to this Section 7-3.
E.
Refuse or infestation.
(1)
Accumulation of refuse or infestation. All exterior property and
premises, and the interior of every structure, shall be free from
any accumulation of debris, garbage, litter, rubbish or infestation.
(2)
Household appliances such as refrigerators, freezers, washers, dryers,
dishwashers and similar equipment shall not be discarded or stored
on exterior property.
(3)
Disposal and storage of refuse. The owner of every occupied premises
shall comply with Section 9-1, Solid Waste, of the Village Code.
(4)
Hazardous chemicals. Any oil, fluids, solvents and other substances
that constitute a fire, health, or environmental hazard shall be stored,
handled and disposed of in accordance with state and federal regulations.
F.
Graffiti. The owner of a property within the Village which has any
form of graffiti on any building, structure, or surface without the
permission of the owner of the property shall be required to either
restore the defaced surface by removing the graffiti or repainting
the defaced surface within 10 business days after notice by the Planning
and Zoning Administrator/Code Enforcement Officer or their designee.
A.
It is unlawful for any person to permit or cause to remain in or
about their lot an inoperable/junk motor vehicle, except as set forth
in this section.
B.
In order to preserve the residential and/or rural character and appearance
of the Village, and to protect the health and safety of the residents,
the accumulation of inoperable/junk motor vehicles is restricted and
shall be regulated as follows:
(1)
After written notification of violation, the owner will be given
15 days to make the vehicles operable.
(2)
Proof of activity, including but not limited to invoices dated within
the preceding 10 days after the vehicle has been deemed inoperable
or vehicle parts have been ordered and have not been received, will
be grounds to grant an extension by the Planning and Zoning Administrator/Code
Enforcement Officer or their designee for an additional 30 days.
(3)
Separate offense. Violations continued for a period of 15 days after
conviction shall be prosecuted and treated as a separate offense.
C.
This section shall not be construed to permit the parking or placing
of antique, historic, special interest, parts or inoperable/junk motor
vehicles on any public right-of-way.
D.
Exceptions.
(1)
Owners of antique cars, historic, or special interest motor vehicles
shall store vehicles, associated parts cars and replacement parts
for those vehicles on their private property, provided that:
(a)
Such vehicles and parts cars, and the outdoor storage area,
are maintained in such a manner that they do not constitute a health,
safety, or fire hazard; and
(b)
Vehicles and parts cars stored outdoors shall be stored within an outdoor storage area which will effectively screen them from public view year-round. The vehicles may be stored within a solid fence (Section 10-1, Zoning, § 10-1-5G, of the Village Code) constructed at least six feet high, but not more than eight feet high; and
(c)
Such storage area shall be kept free of weeds, rubbish, garbage,
litter, trash and other objectionable objects; and
(d)
Such storage area shall be included in the calculation of impervious surface area on a lot as set forth in Section 10-1, Zoning, § 10-1-5J. This restriction does not apply in the C-1 Zone; and
(e)
Storage area setbacks are subject to the regulations as stated in Section 10-1-5D of the Village of Bosque Farms Zoning Ordinance; and
(f)
The storage area shall not be used for any business venture
and/or business enterprise.
E.
All motor vehicle storage areas shall be paved or surfaced with base
course or gravel, with the exception of agricultural equipment.
A.
General. When a structure or equipment is found by the Planning and
Zoning Administrator/Code Enforcement Officer or their designee to
be unsafe, or when a structure is found unfit for human occupancy,
or is found unlawful, such structure shall be condemned pursuant to
the provisions of this code.
B.
Unsafe structures. An unsafe structure is one that is found to be
dangerous to the life, health, property or safety of the public or
the occupants of the structure by not providing minimum safeguards
to protect or warn occupants in the event of fire, or because such
structure contains unsafe equipment or is so damaged, decayed, dilapidated,
structurally unsafe or of such faulty construction or unstable foundation,
that partial or complete collapse is possible.
C.
Unsafe equipment. Unsafe equipment includes any boiler, heating equipment,
elevator, moving stairway, electrical wiring or device, flammable
liquid containers or other equipment on the premises or within the
structure which is in such disrepair or condition that such equipment
is a hazard to life, health, property or safety of the public or occupants
of the premises or structure.
D.
Structure unfit for human occupancy. A structure is unfit for human
occupancy whenever the Planning and Zoning Administrator/Code Enforcement
Officer or their designee finds that such structure is unsafe, unlawful
or, because of the degree to which the structure is in disrepair or
lacks maintenance, is insanitary, vermin- or rat-infested, contains
filth and contamination, or lacks ventilation, illumination, sanitary
or heating facilities or other essential equipment required by this
code, or because the location of the structure constitutes a hazard
to the occupants of the structure or to the public.
E.
Dangerous structure or premises. For the purpose of this code, any
structure or premises that has any or all of the conditions or defects
described below shall be considered dangerous:
(1)
The building or structure is neglected, damaged, dilapidated, unsecured
or abandoned so as to become an attractive nuisance to children who
might play in the building or structure to their danger, becomes a
harbor for vagrants, criminals or immoral persons, or enables persons
to resort to the building or structure for committing a nuisance or
an unlawful act.
(2)
Any portion of a building remains on a site after the demolition
or destruction of the building or structure or whenever any building
or structure is abandoned so as to constitute such building or portion
thereof as an attractive nuisance or hazard to the public.
F.
Closing of vacant structures. If the structure is vacant and unfit
for human habitation and occupancy, and is not in danger of structural
collapse, the Zoning Administrator/Code Enforcement Officer or their
designee is authorized to post a placard of condemnation on the premises
and order the structure closed up so as not to be an attractive nuisance.
Upon failure of the owner or owner's authorized agent to close
up the premises within the time specified in the order, the Zoning
Administrator/Code Enforcement Officer or their designee shall cause
the premises to be closed and secured through any available public
agency or by contract or arrangement by private persons and the cost
thereof shall be charged against the real estate upon which the structure
is located and shall be a lien upon such real estate and shall be
collected by any other legal resource.
G.
Notice. Whenever the Zoning Administrator/Code Enforcement Officer or their designee has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner, owner's authorized agent or the person or person's responsible for the structure or equipment, it shall be placed on the condemned equipment in accordance with § 7-3-12. If the notice pertains to equipment, it shall be placed on the condemned equipment. The notice shall be in the form prescribed in § 7-3-12.
H.
Placarding. Upon failure of the owner, owner's authorized agent
or person responsible to comply with the notice provision within the
time given, the Zoning Administrator/Code Enforcement Officer or their
designee shall post on the premises or on defective equipment a placard
bearing the word "Condemned" and a statement of the penalties provided
for occupying the premises, operating the equipment or removing the
placard.
I.
Placard removal. The Zoning Administrator/Code Enforcement Officer
or their designee shall remove the condemnation placard whenever the
defect or defects upon which the condemnation and placarding action
were based have been eliminated. Any person who defaces or removes
a condemnation placard without the approval of the Zoning Administrator/Code
Enforcement Officer or their designee shall be subject to the penalties
provided by this code.
J.
Prohibited occupancy. Any occupied structure condemned and placarded
by the Zoning Administrator/Code Enforcement or their designee shall
be vacated as ordered by the Zoning Administrator/Code Enforcement
Officer or their designee. Any person who shall occupy a placarded
premises or shall operate placarded equipment, and any owner, owner's
authorized agent or person responsible for the premises who shall
let anyone occupy a placarded premises or operate placarded equipment
shall be liable for the penalties provided by this code.
K.
Abatement methods. The owner, owner's authorized agent, operator
or occupant of a building, premises or equipment deemed unsafe by
the Zoning Administrator/Code Enforcement Officer or their designee
shall abate or cause to be abated or corrected such unsafe conditions
either by repair, rehabilitation, demolition or other approved corrective
action.
L.
Record. The Zoning Administrator/Code Enforcement Officer or their
designee shall cause a report to be filed in the permanent property
file on record with the Village of Bosque Farms on any unsafe condition.
The report shall state the occupancy of the structure and the nature
of the unsafe condition.
The Village of Bosque Farms will institute appropriate and lawful
procedures pursuant to NMSA 1978, § 3-18-5 et seq. to correct
or abate violations regarding dangerous buildings or debris removal.
A.
The practice of solicitors, hawkers, peddlers, itinerant merchants
or transient vendors (except newspapers) going in or upon private
premises in the Village, not having been requested or invited to do
so by the owner or owners, occupant or occupants of such private residences,
for the purpose of soliciting orders for the sale of goods, wares,
merchandise or publications, other than newspapers, or for the purpose
of disposing of or peddling or hawking the same, is hereby declared
to be a nuisance, and such practices are prohibited by this Section
7-3 as constituting a nuisance.
B.
The provisions of this Section 7-3 shall not apply to the sale, delivery
or soliciting of orders for newspaper publications, and the provisions
of this Section 7-3 shall not apply to the sale of or the soliciting
of orders for the sale of milk, dairy products, poultry, eggs, and
other farm or garden produce so far as the sale of the commodities
named in this section are authorized by law.
A.
Inspections. The Planning and Zoning Administrator/Code Enforcement
Officer or their designee has the authority to request an inspection
of buildings, structures, and the use of land to determine compliance
with this Section 7-3. This provision does not grant right of entry
without due process if necessary.
B.
Right of entry. The Planning and Zoning Administrator/Code Enforcement
Officer or their designee shall request, with proof of or basis for
due cause, to enter the structure or premises at a notified and reasonable
time, subject to constitutional restrictions on reasonable searches
and seizures. If entry is refused or not obtained, the Planning and
Zoning Administrator/Code Enforcement Officer or their designee is
authorized to pursue recourse as provided by law.
C.
Identification. The Planning and Zoning Administrator/Code Enforcement
Officer or their designee shall carry proper identification when inspecting
structures or premises in the performance of duties under this Section
7-3.
A.
Notice to person responsible. Whenever the Planning and Zoning Administrator/Code Enforcement Officer or their designee determines that there has been a violation of this Section 7-3 or has grounds to believe that a violation has occurred, notice shall be given, in the form of a citation as prescribed in Subsection B, to the person responsible for the violation as specified in this Section 7-3. Notices for dangerous buildings or debris removal procedures shall comply with NMSA 1978, § 3-18-5.
B.
Form. Such notices and/or citations shall be in accordance with all
of the following:
(1)
Be in writing.
(2)
Include a description of the real estate sufficient for identification.
(3)
Include a statement of the violation or violations and why the notice
is being issued.
(4)
Include a correction order allowing a reasonable time to make the
repairs and improvements required to bring the dwelling unit, structure
or property into compliance with the provisions of this Section 7-3,
except as otherwise provided in this Section 7-3.
C.
Method of service. Such notice shall be deemed to be properly served
if a copy thereof is:
(1)
Hand delivered to the property owner or person responsible for the
property;
(2)
Sent by first-class mail, addressed to the last known address of
the property owner or person responsible for the property; or
(3)
If the notice is returned showing that the letter was not delivered,
a copy thereof shall be posted in a conspicuous place in or about
the structure and/or premises affected by such notice with proof of
notice filed with the Village Clerk/Administrator.
A.
Prosecution of violations. Any person failing to comply with the notice of violation, citation or order within 15 days as served in accordance with §§ 7-3-4 through 7-3-8 shall be charged with a petty misdemeanor. If the citation or notice of violation is not complied with, the Planning and Zoning Administrator/Code Enforcement Officer or their designee shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this Section 7-3 or of the order or direction made pursuant thereto. Any action taken on such premises by the authority having jurisdiction shall be charged against the real estate upon which the structure is located and a lien may be placed upon such real estate. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
B.
Penalties.
(1)
Any person violating any of the provisions of this Section 7-3 shall,
upon conviction, be subject to a fine not exceeding $500 or imprisonment
for a period not exceeding 90 days, or both such fine and imprisonment.
Each subsequent offense after conviction shall be prosecuted and treated
as a separate offense.
A.
The Planning and Zoning Administrator/Code Enforcement Officer or
their designee charged with the enforcement of this Section 7-3, while
acting for the jurisdiction, shall not be liable for any damages,
fees or costs accruing to person or property as a result of an act
required or permitted in the discharge of official duties.
B.
Any suit instituted against any official or employee because of an
act performed by that official or employee in the lawful discharge
of duties and under the provisions of this Section 7-3 shall be defended
by the legal representative of the jurisdiction until the final termination
of the proceedings. The Planning and Zoning Administrator/Code Enforcement
Officer or their designee shall not be liable for costs in an action,
suit or proceeding that is instituted in pursuance of the provisions
of this Section 7-3. Any person charged with enforcement of this Section
7-3, acting in good faith and without malice, shall be free from liability
for acts performed under any of its provisions or by reason of any
act or omission in the performance of official duties in connection
therewith.