§ 9-18-5 PROCEDURE FOR THE ABATEMENT OF A PIGEON NUISANCE.

   (A)   There shall be an investigation of any complaint made to the Director to determine if there is a pigeon nuisance. In addition the Director may initiate an investigation to determine if a pigeon nuisance exists when there has been no complaint.

   (B)   The Director shall determine if a pigeon nuisance exists.

   (C)   The Director shall attempt to meet with the property owner and any person on the property who appears to be a responsible party to notify them that a pigeon nuisance has been determined to exist. The goal of the meeting shall be to enter into a written abatement agreement with the City of Albuquerque wherein the responsible party agrees to take specific steps to pigeon-proof the property.

   (D)   An abatement agreement may provide for the use of any pigeon-proofing method agreed upon by the Director and the responsible party. If pigeon-proofing involves the removal of accumulations of pigeon excrement, nesting materials, pigeon carcasses or other pigeon related detritus, the method selected for such removal shall protect human health and ensure that ground water, surface water and real property are not contaminated by the waste.

   (E)   If the Director determines that the responsible party is in violation of § 9-18-4 ROA 1994 herein and is unwilling to comply with this article, or if the responsible party fails to act on or complete the terms and conditions agreed to in an abatement agreement by the time set forth in the agreement, the Director may proceed to seek the penalties provided in § 1-1-99 ROA 1994.

(Ord. 16-2011)

§ 9-18-6 INSPECTION OF BUILDINGS, PREMISES AND VACANT LOTS.

   The Director is authorized, by obtaining consent of the owner or occupant, and at reasonable times, to make such inspections of real property as is necessary to investigate and abate a pigeon nuisance. For the purpose of making such inspections, the Director is authorized to enter onto premises to examine or survey property only after reasonable notice to the owner and any person occupying the property and with consent. Such entry shall be made in a manner as to cause the least possible inconvenience to the person in control. In the event that entry is denied the Director shall obtain a court order for this purpose from a court of competent jurisdiction.

(Ord. 16-2011)

§ 9-18-7 ADDITIONAL REMEDIES.

   Nothing in this article shall be construed to preclude the city from seeking any other remedy available in law or equity.

(Ord. 16-2011)

ARTICLE 19: FIRE RESTRICTIONS

Section

   9-19-1   Findings

   9-19-2   Short title

   9-19-3   Fire restriction and bans

   9-19-4   Imposing, amending and lifting fire bans and restrictions

   9-19-5   Fire restriction stages

   9-19-6   Prohibited activities

   9-19-7   Definitions

   9-19-8   Exemptions

   9-19-98   Enforcement

   9-19-99   Penalty

§ 9-19-1 FINDINGS.

   The City Council finds:

   (A)   The City of Albuquerque has unique wildland urban interface areas comprised of the Bosque Areas of the Rio Grande State Park, open space recreational areas and wildland areas that consist of 28,000 acres and over 100 miles of public-private border; and

   (B)   There are numerous days each year, due to high winds, lack of precipitation and low humidity when the fire danger throughout Albuquerque is high; and

   (C)   The Albuquerque Fire Department responds to numerous brush and Bosque fires each year within the city, responds to fires that threaten any areas for which the Fire Department has response obligation, and provides mutual aid to surrounding communities and agencies; and

   (D)   Should a fire occur during times of high fire danger, it may be necessary to evacuate and relocate residents of the city; and

   (E)   The affected areas consist of all areas within the municipal boundaries of the City of Albuquerque, and all lands for which the city has assumed control or management responsibilities by lease, easement or legal agreement.

(Ord. 18-2011)

§ 9-19-2 SHORT TITLE.

   This article may be cited as the "Albuquerque Fire Restriction Ordinance".

(Ord. 18-2011)

§ 9-19-3 FIRE RESTRICTION AND BANS.

   (A)   The Fire Chief is hereby authorized during periods of increased fire danger in the city, both seasonal and unexpected, that pose a significant and immediate threat to the safety, health and welfare of the citizens, and a significant and immediate threat to property, to issue fire restrictions and fire bans as deemed necessary. The Fire Chief shall determine such restrictions and bans based on current fire indices, fire behavior predictions, current and expected weather conditions, drought indices, human factors, ignition factors and local factors which would put undue strain on local fire agencies should a fire start.

   (B)   The Fire Chief is further authorized during periods of increased fire danger to prohibit the issuance of permits and ban all open burning and other ignition sources in all public and private outdoor areas within the municipal boundaries of the City of Albuquerque, and on all lands for which the city has assumed control or management responsibilities by lease, easement or legal agreement. Examples of such open burning and other ignition sources include but are not limited to:

      (1)   Open burning;

      (2)   Bonfires;

      (3)   Recreational fires;

      (4)   The use of model rockets; and

      (5)   Open flame devices.

(Ord. 18-2011)