Doña Ana County, NM
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of County Commissioners of Doña Ana County 12-12-2006 by Ord. No. 226-06. Amendments noted where applicable.]
GENERAL REFERENCES
Building Code — See Ch. 142.
Numbering of buildings — See Ch. 150.
Fire prevention — See Ch. 195.
Manufactured homes — See Ch. 257.
Solid waste — See Ch. 287.
Unified Development Code — See Ch. 350.
The health, safety and welfare of the residents of Doña Ana County require regulation of the abatement, removal and condemnation of dangerous or dilapidated buildings, premises or structures, including mobile homes and manufactured homes, within Doña Ana County. NMSA § 4-37-1 provides that all counties are granted the same powers of municipalities and included in this grant of powers are those powers necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order comfort and convenience of Doña Ana County and its inhabitants. NMSA § 3-18-5 provides statutory authorization for County adoption of an ordinance providing for the abatement or removal of ruined, damaged and dilapidated buildings, structures and premises.
Whenever any building or structure, which shall include mobile homes and manufactured homes, is ruined, damaged and dilapidated, or any premises is covered with ruins, rubbish, wreckage or debris, the Board of County Commissioners may by resolution find that the ruined, damaged and dilapidated building, structure, mobile home, manufactured home or premises is a menace to the public comfort, health, peace or safety and require the removal of the building, structure, mobile home, manufactured home, ruin, rubbish, wreckage or debris.
A copy of the resolution shall be served on the owner, occupant or agent in charge of the building, structure, mobile home, manufactured home or premises. If the owner, as shown by the real estate records of the County Clerk, occupant or agent in charge of the building, structure, mobile home, manufactured home or premises cannot be served within the County, a copy of the resolution shall be posted on the building, structure, mobile home, manufactured home or premises, and a copy of the resolution shall be published one time in a local newspaper of general circulation in the County.
Within 10 days of receipt of a copy of the resolution or of the posting and publishing of a copy of the resolution, the owner, occupant or agent in charge of the building, structure, mobile home, manufactured home or premises shall commence removing the building, structure, mobile home, manufactured home, ruin, rubbish, wreckage or debris, or file a written objection with the County Clerk asking for a hearing before the Board of County Commissioners.
If a written objection is filed as provided in § 146-4, the Board of County Commissioners shall:
A. 
Fix a date for a hearing on its resolution and the objection;
B. 
Consider all evidence for and against the resolution at the hearing; and
C. 
Determine if its resolution shall be enforced or rescinded.
Any person aggrieved by the determination issued by the Board of County Commissioners made pursuant to § 146-5 may appeal to the District Court by:
A. 
Giving written notice of appeal to the Board of County Commissioners within five days after the determination made by the Board of County Commissioners; and
B. 
Filing a petition in the District Court within 20 days after the determination made by the Board of County Commissioners. The District Court shall hear the matter de novo and enter a judgment in accordance with its findings.
If the owner, occupant or agent in charge of the building, structure, mobile home, manufactured home or premises fails to commence removing the building, structure, mobile home, manufactured home, ruins, rubbish, wreckage or debris within 10 days of being served a copy of the resolution or of the posting and publishing of such resolution, or within five days of the determination by the Board of County Commissioners that the resolution shall be enforced, or after the District Court enters judgment sustaining the determination of the Board of County Commissioners, the County may remove or may contract for the removal of the building, structure, mobile home, manufactured home, ruins, rubbish, wreckage or debris at the cost and expense of the owner. The reasonable cost of the removal shall constitute a lien against the building, structure, mobile home, manufactured home, ruin, rubbish, wreckage or debris so removed and against the lot or parcel of land from which it was removed. The lien shall be foreclosed in the manner provided in NMSA §§ 3-36-1 through 3-36-6.
The County may pay for the cost of removal of any condemned building, structure, mobile home, manufactured home, wreckage, rubbish or debris by granting to the person removing such materials the legal title to all salvageable materials in lieu of all other compensation.
Any person or firm removing any condemned building, structure, mobile home, manufactured home, wreckage, rubbish or debris shall leave the premises from which the material has been removed in a clean, level and safe condition, suitable for further occupancy or construction, and with all excavations filled.