14.1.1
The Board shall annually appoint persons to serve as code enforcement
officers and who will be primarily responsible for enforcement of
the SLDC.
14.1.2
Each code enforcement officer shall carry proper identification when
inspecting development in the performance of duties under the SLDC.
Identification shall be presented upon request.
14.1.3
The Administrator, through the Code Enforcement Officers, shall conduct
periodic visual inspections to determine compliance with the SLDC.
Any violations discovered during such visual inspections may be treated
as a violation of the SLDC.
14.1.4
The Administrator, through the Code Enforcement Officers, shall conduct
inspections following a complaint to determine compliance with the
SLDC. Any violations discovered during such inspections may be treated
as a violation of the SLDC.
14.1.5
The code enforcement officers, where it is necessary to make an inspection
to enforce the provisions of the SLDC, or where a code enforcement
official has reasonable cause to believe that there exists upon a
premises a condition which is contrary to or in violation of the SLDC,
the code enforcement officer is authorized to enter the premises at
reasonable times to inspect or perform the duties imposed by the SLDC,
provided that if the premises are occupied that credentials be presented
to the occupant and entry requested. If such premises are unoccupied,
the code enforcement officer, before undertaking entry, shall first
make a reasonable effort to locate the owner or other person having
charge or control of the premises and request entry. If entry is refused,
the code enforcement officer shall have recourse to the remedies provided
by law to secure entry.
Adopted by Ordinance 2016-9, December 13, 2016
14.2.1
A certificate of completion shall be required for each development
permit issued under the SLDC. Failure to obtain a certificate of completion
prior to using or occupying property that is the subject of a development
permit shall be a violation of the SLDC.
14.2.2
A certificate of completion indicates that the development approved
in the development permit complies with the applicable provision of
the SLDC, conditions approved as a part of the development permit,
and that the development has been completed in full compliance with
the SLDC.
14.2.3
Even though a certificate of completion has been issued by the Administrator,
an inspection of a development may be later required to ensure compliance
with the SLDC.
Adopted by Ordinance 2016-9, December 13, 2016
14.3.1
Any person who participates in, assists, directs, creates or maintains
any building, structure or use that is contrary to the requirements
of the SLDC, who fails to obtain a permit required by the SLDC, or
who violates the terms or conditions of any development order issued
pursuant to the SLDC, shall have committed a violation of the SLDC
and shall be held responsible for the violation and be subject to
administrative, civil or criminal penalties, as well other equitable
and legal remedies.
14.3.2
A code enforcement officer shall have the authority to serve notices
of violation on the person responsible for development that is contrary
to any provisions of the SLDC, or in violation of a development permit
or condition applicable to any development issued under the SLDC or
any previous ordinance.
14.3.3
If any notice of violation is not complied with promptly, the code
enforcement officer is authorized to request assistance from the County
Attorney to institute appropriate proceedings at law or in equity
to restrain, correct or abate such violation, to require removal or
termination of any unlawful occupancy of development, building or
structure in violation of the provisions of the SLDC or an order or
direction made pursuant thereto, or to pursue all available criminal
and civil penalties appropriate to the nature of the violation.
Adopted by Ordinance 2016-9, December 13, 2016
14.4.1
Violations of the SLDC shall be punishable in accordance with NMSA
1978, section 4-37-3.
14.4.2
A violation of the SLDC shall be punishable by a fine not to exceed
three hundred dollars ($300.00) or imprisonment for ninety (90) days
or both the fine and imprisonment; except that the fine for discarding
or disposing of refuse, litter or garbage on private or public property
in any manner other disposing it in an authorized landfill shall not
exceed the sum of One Thousand Dollars ($1,000.00); and except the
fine for the improper or illegal disposal of hazardous materials or
waste in any manner other than as provided for in the Hazardous Waste
Act, NMSA 1978, section 74-4-1 et seq.
14.4.3
Violations of the New Mexico Subdivision Act and county subdivision regulations shall also be subject to the civil and criminal remedies and penalties provided for in the New Mexico Subdivision Act NMSA 1978, Chapter 47, Article 6, as amended and recompiled.
14.4.4
Each day that a violation exists shall constitute a separate violation
of the Ordinance.
14.4.5
A violation of the SLDC for development outlined in Section 7.22.1
may be grounds for forfeiture of financial assurance deposited at
the time of issuance of the development permit.
14.4.6
Nothing herein shall preclude the County from taking such other lawful
action as is necessary to prevent or remedy any violation, such as
seeking injunctive relief, abatement, revocation of a development
permit, or forfeiture of financial assurance to prevent or remedy
a violation of the SLDC.
14.4.7
The County may file a criminal, civil, and administrative action
simultaneously to stop an offending party from harming the health
and safety of the County.
Adopted by Ordinance 2016-9, December 13, 2016
14.5.1
INITIATION OF THE PROCESS
14.5.1.1
The Administrator, through Code Enforcement Officers employed by
the Administrator, shall investigate complaints of any person who
participates in, assists, directs, creates or maintains any building,
structure or use that is contrary to the requirements of the SLDC,
who fails to obtain a permit required by the SLDC, or who violates
the terms or conditions of any development order issued pursuant to
the SLDC.
14.5.1.2
Upon receipt of a complaint, the Administrator shall assign a Code
Enforcement Officer to investigate the facts of the complaint.
14.5.1.3
The Code Enforcement Officer may, as appropriate, review files held
by the Administrator, interview person or persons with knowledge of
the facts giving rise to the complaint, inspect a site, buildings
or structures, interview the complaining person or the person alleged
to have committed the violation.
14.5.1.4
After investigating the facts, the Code Enforcement Officer may find
a violation exists and shall initiate either a criminal, civil, administrative,
or a combination of the three actions against the violator.
14.5.2
CRIMINAL.
14.5.2.1
The Code Enforcement Officer may issue a Notice of Violation to the
offending party that indicates the nature of the violation, a stop
work order may accompany the notice. If the offending party stops
work immediately and/or agrees to remedy the violation, then the offending
party will have fifteen (15) working days to come into compliance.
If the offending party refuses to stop work and/or remedy the violation,
the Code Enforcement Officer may issue a final Notice of Violation
and file a criminal complaint in Court seeking the penalties set forth
in Section 14.4.
14.5.2.2
If the offending party, who agreed to come into compliance within
fifteen (15) working days, does not come into compliance in that timeframe,
the Code Enforcement Officer may issue the offending party a final
Notice of Violation and a criminal complaint in Court seeking the
penalties set forth in Section 14.4.
14.5.2.3
Simultaneous to any criminal action a Code Enforcement Office and
the County Attorney’s Office may file a civil case for injunction
or abatement, and an administrative case for revocation of the development
permit.
14.5.2.4
Once a disposition of the complaint has been reached, the Administrator
shall notify the complaining party as to the disposition of the complaint.
14.5.3
CIVIL.
14.5.3.1
Injunctive Relief.
The Code Enforcement Officer may
issue a Notice of Violation to the offending party that indicates
the nature of the violation and a stop work order. If the offending
party stops work immediately and/or agrees to remedy the violation,
then the offending party will have fifteen (15) working days to come
into compliance. If the offending party refuses to stop work or goes
over the fifteen (15) working days to come into compliance the Code
Enforcement Office along with the help of the County Attorney will
file a civil complaint in District Court in accordance with NMSA 1978,
§§ 3-21-10 and 3-21-13.
14.5.3.2
Abatement Actions.
If any development constitutes a
public nuisance as defined in Ordinance 2009-11, NMSA 1978, §
3-18-5, or as generally defined in NMSA 1978, § 30-8-1, the Board
may apply to a court for authority to abate the nuisance in accordance
with NMSA 1978, § 30-8-8.
14.5.4
ADMINISTRATIVE.
14.5.4.1
Revocation of a development permit.
Upon issuance of
a Notice of Violation and stop work order, the cited work shall immediately
cease. 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, shall be subject to revocation of a development permit
for non-compliance. The revocation letter shall be sent to the individual
who obtained the development permit by the Administrator. The individual
has the right of appeal in accordance with Section 4.5. The individual
must remedy any code violation on the property before obtaining a
new permit to restart development.
14.5.4.2
Forfeiture of Financial Assurance.
If a development
under Section 7.22.1 has been issued a Notice of Violation, a stop
work order, refuses to cease work, and has their development permit
revoked; the Administrator may forfeit the financial assurance by
issuing a letter of forfeiture. The development has the right of appeal
in accordance with Section 4.5.
Adopted by Ordinance 2016-9, December 13, 2016
14.6.1
Purpose and Findings.
The requirements of this article
govern uses, structures, lots and other situations that came into
existence legally but that do not comply with one or more current
requirements of this SLDC. This Section applies to nonconformities
created by initial adoption of, or amendments to, the SLDC; and to
nonconformities that were legal nonconformities under previously applicable
ordinances even if the type or extent of nonconformity under the SLDC
is different than the original nonconformity.
14.6.2
Continuation Permitted.
Any nonconformity that legally
existed on the date of adoption of this SLDC or the original Santa
Fe County Land Development Code, effective January 1, 1981, together
with all amendments thereto; or that becomes nonconforming upon the
adoption of any amendment to this SLDC or as a result of condemnation
may be continued in accordance with the provisions of this article.
14.6.3
Nonconforming Status.
The use of land, use of a structure,
or a structure itself, including but not limited to substandard parcels
or structures not complying with applicable dimensional standards,
shall be deemed to have nonconforming status when the use, structure
or land:
14.6.3.1
does not conform to the current regulations prescribed in the district
in which such use, structure or land is located; or
14.6.3.2
does not conform to the minimum lot size and use by right to develop
under the base zoning district in which such lot, parcel or division
is located; and
14.6.3.3
was in existence and lawfully constructed, platted, located and operating
prior to, the regulations that made such use, structure or land nonconforming;
and
14.6.3.4
the nonconforming use, structure or land has been in operation since
the time that the use, structure or land first became nonconforming
without abandonment.
14.6.4
Determination of Nonconformity Status.
The burden of
establishing the nonconformity status of a use, structure or land
shall be upon the owner of the claimed nonconformity and not upon
the County.
14.6.5
Repairs and Maintenance.
Incidental repairs and normal
maintenance of nonconforming structures or land shall be permitted
unless such repairs increase the extent of nonconformity or are otherwise
expressly prohibited by this SLDC. Nothing in this Chapter shall be
construed to prevent structures from being structurally strengthened
or restored to a safe condition, in accordance with an official order
of a public official.
14.6.6
Tenancy and Ownership.
The status of a nonconformity
is not affected by changes of tenancy, ownership or management.
14.6.7
Changes in Nonconforming Uses.
14.6.7.2
Reuse and Expansion of Residential uses.
A nonconforming
use shall not be enlarged or expanded unless such expansion eliminates
or reduces the nonconforming aspects of the use.
1.
This
Section shall not be construed as prohibiting additions to any dwelling
regardless of the zoning district in which such dwelling is located,
nor shall any provision of this article be construed as prohibiting
the construction of any use that is accessory to a dwelling unit regardless
of the zoning district in which the dwelling is located.
2.
Where
a conforming use is located in a nonconforming structure, the use
may be changed to another conforming use by securing a Development
Permit.
3.
Any
nonconforming use may be changed to a conforming use by securing a
Development Permit and once such change is made, the use shall not
thereafter be changed to a nonconforming use.
4.
Expansion
for the sole purpose of complying with off-street parking standards
of this SLDC shall not be considered expansion of a nonconforming
use.
5.
No
Temporary Use Permit shall be issued for a site containing a nonconforming
use, if the proposed temporary use or event has the potential to generate
additional traffic, noise or other adverse impacts upon the surrounding
area.
14.6.7.3
Expansion of Nonresidential Uses.
Nonconforming, nonresidential
uses of a structure or land, or a nonconforming, nonresidential structure
may be changed or expanded by up to fifty (50) percent under a Conditional
Use Permit provided that the owner/applicant complies with all of
the following conditions:
1.
The
re-use or expansion does not increase the intensity of development
or alter the character of the nonconforming use on the site, according
to any limitations set by this SLDC relating to development standards
for lot coverage, height, waste disposal, water use, setbacks, traffic
generation, parking needs, landscaping, buffering, outdoor lighting,
access or signage;
2.
The
change or expansion does not confer a privilege upon the owner/applicant;
3.
The
change or expansion is compatible with the surrounding uses of land
and is beneficial to the health, welfare and safety of the community;
4.
All
nonconforming signs shall be brought into compliance with the requirements
of Chapter 7 of the SLDC; and
5.
Expansion
or re-use of unsightly or unsafe conditions associated with certain
nonconformities, including but not limited to junkyards, mine sites,
or industrial uses shall not be permitted.
14.6.7.4
Loss of Nonconformity Status.
1.
Abandonment.
If a nonconforming use ceases for any reason
for a period of more than one (1) year, the use shall be considered
abandoned. Once abandoned, the use’s nonconforming status shall
be lost and re-establishment of the use shall be prohibited. Any subsequent
use shall comply with the regulations of the zoning district in which
it is located.
2.
Accessory Uses.
No use that is accessory to a principal
nonconforming use shall continue after such principal use has ceased
or terminated.
14.6.8
Nonconforming Structures.
A nonconforming structure
may be used for any use allowed in the underlying zoning district,
subject to all applicable standards of the SLDC.
14.6.8.1
Reuse and Expansion.
A nonconforming structure may be
enlarged or expanded if the expansion does not increase the extent
of nonconformity.
14.6.8.2
Moving.
A nonconforming structure may be moved if the
movement or relocation eliminates the nonconformity. This provision
shall not be interpreted as prohibiting the elevation of a nonconforming
structure for the purpose of floodproofing or repair.
14.6.8.3
Nonconforming Uses and Structures.
A use or structure
that was established in accordance with all regulations in effect
at the time of its establishment shall not be deemed nonconforming
solely due to the fact that it does not comply with the standards
established by the SLDC. If such a structure is destroyed by accidental
means, it may be rebuilt provided that the number of dwelling units
does not exceed the number that existed prior to destruction or the
maximum density limit of the subject zoning district, whichever is
greater.
14.6.9
Nonconforming (Legal) Lots of Record.
14.6.9.1
Any lot that does not conform to a dimension established in Chapter
8 for the relevant zoning district but that is shown on the initial
zoning map as being within that zone, shall not be deemed nonconforming.
14.6.9.2
The owner/applicant shall submit evidence demonstrating that the
lot was either legally created prior to January 1, 1981, or that it
was part of a subdivision or land division approved by the Administrator
or the Board after January 1, 1981.
14.6.9.3
If the owner/applicant has a notarized document or a document with
the surveyor’s signature and seal demonstrating compliance with
this Section, the owner/applicant shall submit the document to the
Administrator. The Administrator shall determine if the notarized
document establishes the existence of the lot on the effective date
of the SLDC.
14.6.9.4
If the owner/applicant cannot submit a document in compliance with
this Section, but has other evidence demonstrating compliance with
this Section, the evidence shall be submitted to the Planning Commission.
The Planning Commission shall determine if the evidence establishes
the existence of the lot on the effective date of the SLDC.
14.6.10
Uses for Nonconforming Lots.
14.6.10.1
Single-family Dwellings.
Vacant nonconforming
lots may be developed with one single-family dwelling and accessory
structures, provided that such development complies with all applicable
requirements of this SLDC or a variance is obtained from the Planning
Commission.
14.6.10.2
Other Uses.
Vacant nonconforming lots may be developed
with uses other than single-family dwellings as may be allowed in
the underlying zoning district, provided that such development complies
with all requirements of this SLDC.
14.6.10.3
Prohibition on Reduction of Size.
A nonconforming
lot may not be further reduced in size except by application of the
principles of accretion or reliction, by order of a court of competent
jurisdiction or by application of the principles of eminent domain.
14.6.11
Nonconforming Lighting.
14.6.11.1
Change and Replacement.
Nonconforming lighting
shall only be changed or replaced with conforming lighting, except
for the periodic replacement of bulbs, as necessary.
14.6.11.2
Moving.
Nonconforming lighting shall not be moved
to any other location unless the move results in the entire light
being brought into compliance with all applicable regulations of this
SLDC.
14.6.11.3
Loss of Nonconforming Status.
If a light is destroyed
or rendered inoperable for any reason other than failure of the bulb
it shall not be repaired unless such repair will bring the light into
compliance with all applicable regulations of this SLDC.
Adopted by Ordinance 2016-9, December 13, 2016
