[HISTORY: Adopted by the Board of County
Commissioners of Doña Ana County 12-12-2006 by Ord. No. 226-06. Amendments noted where applicable.]
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:
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.
