(A) No person shall occupy and no owner or operator of a dwelling or dwelling unit shall give consent to any person to occupy any dwelling, dwelling unit or structure that is not maintained in a safe and sanitary manner. Safe and sanitary means a condition free of visible dirt, debris, clutter, rubbish, trash, human or animal waste and free from other substances, contaminants, materials, or environmental conditions harmful to human health.
(B) Emergency abatement.
(1) Notwithstanding any other provision in this code if, in the opinion of the inspector, the conditions at a property constitute an imminent hazard, the inspector may order immediate abatement of the hazard without notice. Such abatement of an imminent hazard shall be limited to the minimum work necessary to remove the hazard, and may include disconnection of utilities, securing of the structures or emergency cleaning of the property to abate any violations found.
(2) The city shall pay the cost and expense of such abatement from any appropriation made available for that purpose.
(3) A lien shall be recorded with the Bernalillo County Clerk's Office for all the costs incurred by the city as a result of abating the property.
(4) Whenever the inspector finds that any structure contains an imminent hazard or health hazard, the inspector may declare such structure unfit for human occupancy and order it to be vacated or to
remain vacant. A structure declared unfit for occupancy and ordered vacated or to remain vacant under the provisions of this section shall not be leased, rented or occupied, until it has been inspected and deemed fit for occupancy by the city. The city shall reinspect, for the purpose of re-occupancy, within three business days of the receipt of a written request by the owner, their agent or responsible party.
('74 Code, § 7-24-10A.1) (Ord. 34-1986; Am. Ord. 2018-025)