SENATE BILL 471

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Linda M. Lopez

AN ACT

RELATING TO LOCAL GOVERNMENTS; PROVIDING A PROCESS FOR THE REMOVAL BY COUNTIES OF STRUCTURES OR DEBRIS THAT CONSTITUTE A MENACE TO THE PUBLIC COMFORT, HEALTH, PEACE OR SAFETY; PROVIDING A LIEN IN FAVOR OF THE COUNTY AND A PROCESS FOR FORECLOSING ON THE LIEN.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 3-18-5 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-17-4, as amended) is amended to read:

     "3-18-5. DANGEROUS BUILDINGS OR DEBRIS--REMOVAL--NOTICE--RIGHT OF MUNICIPALITY OR COUNTY TO REMOVE--LIEN.--

          A. Whenever any building or structure is ruined, damaged [and] or dilapidated or any premise is covered with ruins, rubbish, wreckage or debris, the governing body of a municipality or the board of county commissioners may, by resolution, find that the ruined, damaged [and] or dilapidated building, structure or premise is a menace to the public comfort, health, peace or safety and require the removal from the municipality or county of the building, structure, ruins, rubbish, wreckage or debris.

          B. A copy of the resolution shall be served on the owner, occupant or agent in charge of the building, structure or premise. If the owner, as shown by the real estate records of the county clerk, occupant or agent in charge of the building, structure or premise cannot be served within the municipality or county, a copy of the resolution shall be posted on the building, structure or premise and a copy of the resolution shall be published one time.

          C. Within ten days of the 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 or premise shall commence removing the building, structure, ruin, rubbish, wreckage or debris or file a written objection with the municipal clerk or the county clerk asking for a hearing before the governing body of the municipality or the board of county commissioners.

          D. If a written objection is filed as required in this section, the governing body or board of county commissioners shall:

                (1) fix a date for a hearing on its resolution and the objection;

                (2) consider all evidence for and against the removal resolution at the hearing; and

                (3) determine if its resolution should be enforced or rescinded.

          E. Any person aggrieved by the determination of the governing body or board of county commissioners may appeal to the district court by:

                (1) giving notice of appeal to the governing body or board of county commissioners within five days after the determination made by the governing body or board of county commissioners; and

                (2) filing a petition in the district court within twenty days after the determination made by the governing body or board of county commissioners. The district court shall hear the matter de novo and enter judgment in accordance with its findings.

          F. If the owner, occupant or agent in charge of the building, structure or premise fails to commence removing the building, structure, ruins, rubbish, wreckage or debris:

                (1) within ten days of being served a copy of the resolution or of the posting and publishing of the resolution; or

                (2) within five days of the determination by the governing body or board of county commissioners that the resolution shall be enforced; or

                (3) after the district court enters judgment sustaining the determination of the governing body or board of county commissioners, the municipality or county may remove the building, structure, 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, ruin, rubbish, wreckage or debris so removed and against the lot or parcel of land from which it was removed. The lien in favor of the municipality or the county shall be foreclosed in the manner provided in Sections [14-35-1 through 14-35-6 NMSA 1953] 3-36-1 through 3-36-6 NMSA 1978.

          G. The municipality or county may pay for the costs of removal of any condemned building, structure, 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.

          H. Any person or firm removing any condemned building, structure, 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."

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