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5-13   OPERATION AND MAINTENANCE
All properties in the city shall comply with the following standards for operation and maintenance, as well as any standards for operations and maintenance in the DPM, unless this IDO or another section of ROA 1994 provides an exception or a different standard for operation or maintenance.
   5-13(A)   OPERATING STANDARDS
   All structures, uses, and activities in any zone district shall be used or occupied to avoid creating any dangerous, injurious, noxious, or otherwise objectionable condition that would create adverse impacts on the residents, employees, or visitors on the property itself or on neighboring properties. Uses and activities that operate in violation of applicable State or federal statutes or this IDO are violations of this Section 14-16-5-13 and shall be subject to the penalties of Section 14-16-6-9 (Violations, Enforcement, and Penalties). Property owner responsibilities under this Section include, but are not limited to, compliance with the following standards.
   5-13(A)(1)   Air Quality
   All uses and activities shall be conducted in compliance with the requirements of the Albuquerque-Bernalillo County Air Quality Control Board as set forth in Chapter 20.11 of the New Mexico Administrative Code (NMAC) (Albuquerque-Bernalillo County Air Quality Control Board).
   5-13(A)(2)   Burning
   5-13(A)(2)(a)   The burning of wood shall comply with Part 9-5-4 of ROA 1994 (Woodburning) and the standards and regulations established by the Albuquerque-Bernalillo County Air Quality Control Board.
   5-13(A)(2)(b)   No use or activity shall burn solid waste except as allowed under Section 9-10-1-12 of ROA 1994 (Burning of Solid Waste) and in compliance with the regulations established by the Albuquerque-Bernalillo County Air Quality Control Board.
   5-13(A)(3)   Electromagnetic Interference
   Every Wireless Telecommunications Facility (WTF) shall meet health and safety standards and electromagnetic interference regulations as established by the Federal Communications Commission and any other federal or State agency with authority to regulate electromagnetic emissions and interference.
   5-13(A)(4)   Hazardous Materials 1
   All uses and activities shall comply with all State statutes and regulations regarding the use, storage, handling, and transportation of flammable liquids, liquefied petroleum, gases, explosives, hazardous materials, hazardous wastes, toxic materials and solid wastes, as those terms are defined by applicable statutes, rules, regulations, or ordinances.
   5-13(A)(5)   Noise
   All uses and activities shall comply with Article 9-9 of ROA 1994 (Noise Control), as enforced by the City Environmental Health Department. Uses and activities shall be conducted so as to avoid the creation of any noise that would create a public nuisance or a nuisance interfering with the use and enjoyment of adjacent properties.
   5-13(A)(6)   Vibration
   All uses and activities shall be operated so that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on any property line of the site on which the use is located.
   5-13(A)(7)   Waste and Recycled Materials
   All waste and materials for recycling shall be managed to prevent fumes, dust, fire hazard, leakage, drainage onto the ground, or rodent or insect infestation, shall comply with Article 9-10 of ROA 1994 (Solid Waste Management and Recycling), and shall be screened in accordance with Section 14-16-5-6(G) (Screening of Mechanical Equipment and Support Areas) of this IDO.
   5-13(A)(8)   Weeds, Litter, and Snow
   All properties shall be maintained free of waste, litter, and debris in accordance with Article 9-8 of ROA 1994 (Weeds, Litter, and Snow).
   5-13(A)(9)   Parking 2
   All motor vehicles that are not parked inside a building must be operative and shall not be partially or completely dismantled. Inoperative and dismantled vehicles shall comply with the provisions of Article 8-5 of ROA 1994 (Stopping, Standing, and Parking).
   5-13(B)   MAINTENANCE STANDARDS
   All property, buildings, and structures shall be maintained in a clean and safe condition and shall not create any public or private nuisance. When the standards and procedures of this IDO or the conditions attached to any permit, approval, or Variance require that any building or site feature be constructed or installed, the property owner is responsible for maintaining those buildings or site features in good repair as approved and for replacing required site features if they are damaged or destroyed or, in the case of living materials, if they become diseased or die after installation. Property owner obligations include, but are not limited to, the following.
   5-13(B)(1)   Alleys
   All alleys shall be maintained by the abutting property owner.
   5-13(B)(2)   Buildings and Structures
   All primary and accessory buildings, structures, and site features shall be maintained in good repair, whether occupied or vacant, and any damage or destruction to any building or feature shall be repaired, replaced, or removed within 90 calendar days after the City notifies the property owner of a violation. In addition, all properties shall comply with the Articles of ROA 1994, as follows:
   5-13(B)(2)(a)   All buildings shall be maintained to comply with Article 14-2 of ROA 1994 (Fire Code).
   5-13(B)(2)(b)   All residential buildings, as defined by the Uniform Housing Code, shall be maintained to comply with Article 14-3 of ROA 1994 (Uniform Housing Code).
   5-13(B)(2)(c)   All commercial and industrial buildings, as defined by the Uniform Administrative Code and Technical Codes, shall be maintained to comply with all building and technical codes as adopted under Article 14-1 of ROA 1994 (Uniform Administrative Code and Technical Codes).
   5-13(B)(3)   City Landmarks
   5-13(B)(3)(a)   All landmarked structures shall receive reasonable maintenance and security for the purposes of preserving those structures and carrying out the intent of this Section 14-16-5-13(B)(3).
   5-13(B)(3)(b)   Any occupied residential landmarked structure shall be maintained to comply with Article 14-3 of ROA 1994 (Uniform Housing Code).
   5-13(B)(3)(c)   The owner or any other person having legal custody or control of a landmarked structure shall repair or stabilize the structure if it is found to have any of the following defects:
      1.   A deteriorated or inadequate foundation.
      2.   Deteriorated, loose, or ineffective waterproofing and weatherproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors.
      3.   Any fault in the building or structure that renders it structurally unsafe or not properly watertight.
      4.   Parts that are inadequately attached that may fall and injure people or damage property.
      5.   Significant architectural features, as described in the ordinance designating the landmark, that are deteriorating or in need of stabilization to insure their preservation.
      6.   Any other condition determined by appropriate City officials to cause an immediate threat to public health, safety, or welfare.
   5-13(B)(3)(d)   Any landmarked archeological site or vacant landmarked structure shall be adequately secured against unauthorized entry.
   5-13(B)(4)   Drainage and Stormwater Management Facilities
   Maintenance shall be performed on a regular basis and follow the general standards as established in the DPM.
   5-13(B)(5)   Walls and Fences
   Walls and fences shall be maintained in good repair.
   5-13(B)(6)   Landscaping, Buffering, and Screening
   5-13(B)(6)(a)   Landscaping, screening and buffering areas shall be maintained in compliance with Articles 6-6 and 9-8 of ROA 1994 (Trees, Vegetation, and Landscaping and Weeds, Litter, and Snow) and Section 4 of the Albuquerque Bernalillo County Water Authority (ABCWUA) Legislation and Ordinances (Water Waste Reduction Ordinance).
   5-13(B)(6)(b)   All landscaped areas shall be maintained with a neat and orderly appearance, which includes pruning, removal and replacement of dead or diseased plants and trees, disposal of litter, repair of damaged walls and hard surface areas, and upkeep of irrigation systems.
   5-13(B)(6)(c)   Landscaped areas that become bare shall be re-vegetated to avoid erosion.
   5-13(B)(6)(d)   Where landscaping was installed pursuant to a Site Plan or development approval, the landscaping shall be replaced according to any landscaping and maintenance plan under that approval.
   5-13(B)(6)(e)   Trees or plants that die shall be replaced by the owner as expeditiously as possible, but in no case longer than 60 calendar days after notice from the City. The replacement of dead vegetation is the responsibility of the property owner.
   5-13(B)(6)(f)   Street trees shall be maintained alive and healthy. Maintaining and replacing street trees or other trees planted in the public right-of-way are the responsibility of abutting property owners.
   5-13(B)(7)   Parking, Circulation, and Loading Areas
   5-13(B)(7)(a)   All drive-through lanes, loading areas, parking lots, and structures, except driveways for single- and two-family dwellings, shall be kept clean and maintained in good repair. These areas are subject to Article 9-8 of ROA 1994 (Weeds, Litter, and Snow).
   5-13(B)(7)(b)   Potholes, surface damage, and other hazardous conditions shall be promptly repaired, and litter and debris shall be removed on a regular basis.
   5-13(B)(7)(c)   Within 24 hours of the end of a snowfall, the owner or operator of each parking lot shall clear snow and ice from the parking area and the sidewalks in front of such property.
   5-13(B)(8)   Parks and Open Space
   All City-owned or managed parks, trails, and Major Public Open Space shall be maintained per City Parks and Recreation standards. Privately-owned parks, trails, and/or open spaces shall be maintained by the property owner (often a homeowner’s association) to minimize safety hazards. These areas are subject to Article 9-8 of ROA 1994 (Weeds, Litter, and Snow).
   5-13(B)(9)   Sidewalks
   All sidewalks shall be maintained by the abutting property owners, even if separated by a rear wall.
   5-13(B)(10)   Signs
   All signs, including those that do not require a sign permit and those that do not conform to the requirements of this IDO, shall comply with the following standards. Any sign that is removed to comply with these standards shall be replaced only if the replacement sign complies with the standards of Section 14-16-5-12 (Signs).
   5-13(B)(10)(a)   All signs shall be maintained in good structural condition.
   5-13(B)(10)(b)   Any sign, including any support structures, that is damaged, inoperative, dilapidated, or dangerous shall be repaired or removed within 30 calendar days after notice from the City.
   5-13(B)(10)(c)   Any sign that is chipped, peeled, or flaked to the extent that it cannot be read in whole or in part shall be repainted or removed within 30 calendar days after notice from the City.
   5-13(B)(10)(d)   Signs with missing letters, including signs with movable letters, shall have missing letters replaced or be otherwise repaired in order to be readable, within 30 calendar days after notice from the City.
   5-13(B)(10)(e)   On-premises signs shall have content removed or be securely covered within 60 calendar days of the termination of the use or business.
   5-13(B)(10)(f)   Historic signs may be removed for restoration, repairs, and maintenance if they are to be restored to original character as determined by the Historic Preservation Planner through an approved Historic Certificate of Appropriateness – Minor pursuant to Subsection 14-16-6-5(B). Historic signs shall be reinstalled in the same location within 1 year. After that period, a new sign permit shall be required, unless an extension is granted by the Historic Preservation Planner.
   5-13(B)(11)   Vacant Property
   All vacant property shall be maintained in a clean condition, free of nuisances, and in compliance with Articles 9-8 and 9-10 of ROA 1994 (Weeds, Litter and Snow and Solid Waste Management and Recycling).

 

Notes

1
269   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Content revised and moved to Subsection 14-16-5-6(G)(5).
2
270   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially for consistency with the IDO.