For the purpose of this code, certain terms, phrases, words and their derivatives shall be construed as specified in either this chapter or as specified in the Building Code. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Words in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the masculine. All citations and references to other codes, ordinances, statutes or regulations thereto shall be construed to include any amendments or modifications thereof.
ABANDONED PROPERTY. Any vacant building or a building where its principal use has ceased and which no longer has any function or use and which may have its doors and windows boarded up and may be frequented by persons who are not legal occupants of such structure and absence of owner or responsible
party is not known. For those and other reasons this property may have a substantial adverse effect on its immediate neighborhood.
AGENT. An entity or a person who is authorized by the owner of a residential property to act for him or her in their place. An agent may be named as the responsible party.
APPROVED. Approved, as to materials, types of construction, equipment and systems, refers to approval by the Building Official as the result of investigation and tests conducted by him, or by reason of accepted principles or tests by recognized authorities or scientific organizations.
BUILDING CODE. The city's currently adopted version of the New Mexico Commercial Building and Residential Building Code.
BUILDING OFFICIAL. The authorized City of Albuquerque employee directed to enforce all the provisions of the City of Albuquerque's Uniform Administrative Code (UAC) and Technical Codes as outlined in section 105 in the UAC.
CHIEF ADMINISTRATIVE OFFICER or CAO. The Chief Administrative Officer of the city.
CITY (THE). The City of Albuquerque.
DEPARTMENT. The department tasked by the Mayor with the administration and enforcement of this code or any Department that may be subsequently charged with the responsibility of the enforcement of this code.
DIRECTOR. The legally designated head of the department, or any department that may be subsequently charged with the responsibility of the enforcement of this code.
DWELLING. A building or portion thereof which contains not more than two dwelling units. This term includes any structure being used for human habitation no matter the intended use of the structure at the time of its design and construction.
DWELLING UNIT. One or more connected rooms and a kitchen designed for and occupied by no more than one family for living and sleeping purposes, permanently installed on a permanent foundation and meeting the requirements of this code and the
respective sections of the Uniform Administrative Code, as of the date of the unit's construction. This term includes any structure being used as a dwelling unit, as defined herein, for human habitation.
EFFICIENCY DWELLING UNIT. A dwelling unit containing only one habitable room and meeting the requirements of § 14-3-2-1(D).
HABITABLE SPACE (ROOM). A space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space and similar areas are not considered habitable space.
HOT WATER. Hot water supplied to plumbing fixtures at a temperature of not less than 110° F.
HOTEL/MOTEL. A building or a group of buildings in which sleeping accommodations are offered to the public and intended primarily for rental for temporary occupancy by persons on an overnight basis, not including bed and breakfast establishments.
HOUSEHOLD. All the individuals who occupy a dwelling unit. A household includes the related family members and all the unrelated individuals, if any, such as lodgers, foster children, wards, or employees who share the housing unit. A person living alone in a dwelling unit, or a group of unrelated people sharing a dwelling unit such as partners or roommates, is also counted as a household.
IMMINENT HAZARD. A situation that demands unusual or immediate action and which requires the department to circumvent usual procedures and warrant requirements in order to protect a person's health, safety, and life from harm.
IN PERSONAM. Any civil or administrative action taken against a person, corporation, trust, or similar entity.
IN REM. Any civil or administrative action taken against real or tangible property.
INSPECTOR. Any city employee tasked with the enforcement of this code or any subsequent position charged with the responsibility of making inspections to enforce the provisions of the Housing Code adopted by this jurisdiction.
LAND BANK. A public or a nonprofit entity specializing in the acquisition of vacant or abandoned properties, with the intention of repurposing these properties to stabilize a neighborhood in accordance with community goals.
LOCAL PROPERTY MANAGEMENT COMPANY. A company and/or an appointed individual that is either based in or maintains an office in the State of New Mexico.
MECHANICAL CODE. The city's currently adopted version of the New Mexico Mechanical Code as outlined in the Uniform Administrative Code (UAC).
MOTEL/HOTEL. A hotel as defined in this code.
MULTI-FAMILY DWELLING. A building, located on a single lot, containing three or more dwelling units, each of which is designed for or occupied by one family only, with separate housekeeping and cooking facilities for each.
NUISANCE. The following shall be defined as nuisances:
(1) Any public or attractive nuisance known at common law or in equity jurisprudence.
(2) Any public or attractive nuisance which may prove detrimental to the public whether in a building, on the premises of a building, or upon an unoccupied lot, including, but not limited to:
(a) abandoned wells, shafts, basements or excavations;
(b) abandoned refrigerators/freezers;
(c) structurally unsound fences or structures;
(d) lumber, trash, debris or weeds;
(e) abandoned or partially destroyed vehicles;
(3) Overcrowding a room with occupants.
(4) Insufficient ventilation or illumination.
(5) Inadequate or unsanitary sewage or plumbing facilities.
(6) Any violation of the housing standards and licensing requirements set forth in this code.
OWNER. Any person who alone, jointly or severally with others, has legal title to any premises, or dwelling units, with or without accompanying actual possession thereof.
PROPERTY MANAGER. A broker, as defined by the NM State Real Estate Commission, or an agent or employee of the property owner who, for a fee, salary, commission or other valuable consideration, is engaged in managing property for others. A residential property manager is, by virtue of a written agency agreement, an agent of the owner(s) of the property for the purpose of performing the obligations of the owner(s) under the Uniform Owner-Resident Relations Act and/or under the rental or lease agreement.
RELOCATION AGENCY. Includes those employees of the Department of Family and Community Services or persons under contract with the Department of Family and Community Services responsible for implementing the provisions of Ordinance 21-2007 (§ 14-3-5-16 ROA1994).
RELOCATION COSTS. The expenses reasonably incurred by a resident displaced from a residential building pursuant to action of the City of Albuquerque. Relocation costs shall be up to $2,000 per household.
RENTAL AGREEMENT. Any written or oral agreement allowing occupancy of all or a portion of a residential building by a resident.
RENTAL PROPERTY. A structure or part of a structure used as a home, residence or sleeping unit by a single person or household; or any grounds or other facilities or area promised for the use of a residential tenant and includes, but without limitation, apartment units, boarding houses, rooming houses, mobile home spaces, and single and two-family dwellings. The person or household has a rental agreement with the owner of the property. This definition shall not apply to short-term/vacation rentals of 29 days or less, hotels/motels, campgrounds, and bed & breakfasts.
RESIDENT. One or more people entitled under a rental agreement to occupy all or a portion of a residential building to the exclusion of others and who actually reside(s) at such location.
RESIDENTIAL BUILDING. A building or portion thereof designed or being used for human habitation.
RESPONSIBLE PARTY. The property owner or person or entity who has the authority from the owner or through a legal proceeding to make decisions concerning the property, can make required expenditures pertaining to the property and take legal responsibility for that property, including but not limited to accepting legal service on behalf of the owner.
SECURED. A structure that is protected against unlawful entry by means of locked doors and windows or the boarding of openings.
SERIOUS VIOLATION. A violation of a State of New Mexico law or this code or other applicable code(s) that poses an imminent threat to the health and safety of the dwelling occupant, occupants in surrounding structures nearby or passerby.
SHORT-TERM/VACATION RENTAL. With the exception of hotels and motels, campgrounds, bed & breakfasts, the rental of real property for a period of 29 days or less.
STRUCTURE. Anything constructed or erected above ground level that requires location on the ground or attached to something having a location on the ground but not including a tent, vehicle, vegetation, or public utility pole or line.
SUBSTANDARD DWELLING. Any building or portion thereof, including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, in which there exists any of the following conditions [set forth in §§ 14-3-4-2, et seq.] to an extent that endangers the life, limb, health, property, safety or public welfare of the occupants thereof.
SUBSTANTIAL STEP. An affirmative action, as determined by an inspector or administrative court official, on the part of the property owner or responsible party to remedy a serious violation, but not limited to, physical improvements and/or repairs to the property, and/or securing the property against trespassers.
SUPERFICIAL FLOOR AREA. The floor area that is obviously or apparently used for habitable space.
UNIFORM ADMINISTRATIVE CODE. The provisions or code adopted by the City of Albuquerque
that shall serve as the administrative, organizational and enforcement rules and regulations for the Technical Codes which regulate the site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings, structures and building service equipment within this jurisdiction and interpreted and enforced by the Building Official.
VACANT BUILDING. A dwelling, dwelling unit, efficiency dwelling unit, habitable space, residential building, or structure lacking the continuous habitual presence of human beings who have a legal right to be on the premises for a period of 90 days or longer but excluding property under a listing agreement with a real estate agent licensed in New Mexico.
('74 Code, § 7-24-2) (Ord. 34- 1986; Am. Ord. 45A-2004; Am. Ord. 60-2004; Am. Ord. 21-2007; Am. Ord. 2018-025)