(A) Any person who violates any of the provisions of this article, excluding § 9-8-32, shall be deemed guilty of a petty misdemeanor and, upon conviction thereof, shall be subject to the penalty provisions set forth in § 1-1-99 of this code of ordinances to include a minimum fine of $250. Any person deemed guilty of a subsequent violation shall be subject to a minimum fine of $350 and then $500 for each violation thereafter. Community service may be imposed in lieu of or in addition to any such fine. Every violation shall be a separate misdemeanor.
(B) Any person who violates the provisions of § 9-8-32 regarding smoking tobacco product litter shall be subject to the penalty provisions set forth in § 1-1-99 of this code of ordinances to include a minimum fine of $250. Any person deemed guilty of a subsequent violation of § 9-8-32 shall be subject to a minimum fine of $500 for each violation thereafter.
(C) The Department may impose a civil fine for violations of this article that have not been adequately cured within a reasonable time after an initial Notice to Cut and Remove, pursuant to § 9-8-25. The amount of the fines are: $200 for a first violation of this article; $300 for a second violation of this article; and $500 for a third or subsequent violation of this article. Notice of the civil fine shall be appealable under the administrative appeal procedures of this article. Failure to pay the fine, appeal the fine, or prevail at an administrative hearing challenging the fine shall allow the Department to place a lien upon the subject property or any other asset owned by the subject property's owner. The Department may also choose to collect on the fine through any other method allowed by law.
(D) Notice of civil fine.
(1) General. When the Department imposes a civil fine for violations of this article, the Department shall issue a notice of civil fine directed to the owner of the subject property, their agent and/or responsible party, and, where appropriate, to the occupant of the subject property as shown on the records of the Bernalillo County Assessor and the Department's records. The notice of civil fine shall contain:
(a) The street address and a legal description sufficient for identification of the premises upon which the building is located;
(b) A statement that the Department has found the subject property to be in violation of this article;
(c) A concise description of the conditions found to render the subject property dangerous under the provisions of this code;
(d) The amount of the fine assessed;
(e) A statement that the fine must be paid in full within 30 days of the date of the notice;
(f) Instructions for how the fine can be paid; and
(g) A statement advising that any person having any title or legal interest in the subject property may appeal from the notice of civil fine to the Office of Administrative Hearings, provided the appeal is made in writing as provided in this code, and filed with the Office of the Administrative Hearings within seven days of service of notice and order, and that failure to timely appeal the notice of civil fine shall constitute a waiver of the right to appeal.
(2) Method of service.
(a) Service of the notice of civil fine shall be made upon all persons entitled to notice either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person and owner, responsible party or identified agent at their address as shown on the records of the Bernalillo County Assessor or as known to the Department. If no address of any such person so appears or is known to the Department, then a copy of the notice of civil fine shall be so mailed, addressed to such person, at the address of the building involved in the proceedings and posted thereon.
(b) The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing.
(3) Proof of service. Proof of service of the notice of clvil fine shall be certified by a written affidavit executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the Department.
('74 Code, § 6-15-31) (Ord. 89- 1967; Am. Ord. 32-1976; Am. Ord. 4-1992; Am. Ord. 52-2003; Am. Ord. 25-2005; Am. Ord. 41-2006; Am. Ord. 2018-032; Am. Ord. 2023-016)